Last updated on 06 June 2016.
1. About us
This website is operated by eSubstance Limited (trading as Ink). We are registered in England under company number 03829537 and our registered office is at Blackburn House, Blackburn Road, London NW6 1RZ.
2. These Terms
2.1 These Terms (together with the documents referred to in them) tell you the terms on which you may use the website. By using the website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, we do not give you permission to use the website and you must not continue to do so. We recommend that you print a copy of these Terms for future reference.
2.2 The following additional terms also apply to your use of the website and are, where relevant, incorporated into these Terms by reference:
2.2.3 Our Advertising Terms, which set out the terms on which you may advertise your products and services on the website.
3. Accessing the website
3.1 You are responsible for making all arrangements necessary for you to have access to the website and for ensuring that your computer equipment is compatible with the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms, and that they comply with them.
3.2 Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not use, register with or provide any personal information to the website. By accessing and using the website, you confirm that you are at least 16 years old.
3.3 We do not guarantee that content available on or through the website is appropriate or available outside the United Kingdom. We may limit the availability of the website or any service or product described on the website to any person or geographic area at any time. If you choose to access the website from outside the United Kingdom, you do so at your own risk.
3.4 If you register with the website, you must treat any password you choose or are given as confidential and you must not disclose it to any other person. If you have reason to believe that someone else knows your password, you must notify us without delay using the contact details in paragraph 14 below.
4. Submitting content to the website
4.1 User content is any content submitted to us for the purpose of publication on the website (including in any public forum we may provide) or in our printed publications. All user content you submit will be treated as non-confidential and may be visible to other registered users as well as to unregistered visitors to the website, so please do not submit any information about yourself which you would not wish to make public. (For the avoidance of doubt, user content does not include any other correspondence between you and us.)
4.2 Whenever you make use of a feature that allows you to submit user content to the website, you:
4.2.2 confirm that any user content submitted by you is your own original work and does not infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
4.2.3 grant us a royalty free, non-exclusive, perpetual, irrevocable, transferable worldwide licence to publish that user content on the website and in our printed publications and to permit third parties to do so; and
4.2.4 agree that you will be liable to us and indemnify us fully for any breach of paragraph 4.2.2 above (which means that you will be responsible for, and must compensate us fully for, any loss or damage we suffer as a result of the submission by you of any user content that is not your own original work).
4.3 Although we may publish user content submitted by you, we shall be under no obligation whatsoever to do so and all publishing decisions shall be exercised by us in our sole discretion.
4.4 You must not use the website: (i) to transmit any material that is obscene, offensive, hateful, inflammatory, defamatory, threatening or otherwise objectionable, or which abuses or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety, or which is likely to harass, upset, embarrass, alarm, bully or annoy any other person; (ii) for the purpose of harming or attempting to harm minors in any way; (iii) for the purpose of disparaging any other person or their business, products or services; (iv) to transmit spam or unsolicited commercial content to any users of the website; to offer, market or promote any game, prize, promotion or competition contrary to any applicable legislation; (v) to transmit any material that contains or promotes sexually explicit material or activities; (vi) to transmit any material that promotes violence; (vii) to transmit any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (viii) to impersonate any person or entity or to falsely claim or imply an affiliation with any person or entity or to transmit any material that is likely to deceive or mislead any person; (ix) in any way which breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (x) in any way which promotes any illegal activity; (xi) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the website or any operating system; (xii) in any way which infringes our intellectual property rights or those of any third party; (xiii) in any way which damages or risks damaging our goodwill, brand or reputation; (xiv) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or (xv) to collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website.
4.5 Once you have submitted user content to us, you may be unable to recall or delete it except in limited circumstances. If you are unable to edit or delete user content you have submitted, please contact us through our contact form below or by using our contact details in paragraph 14 below.
5. Notice and take down policy
If you wish to complain about any user content posted on the website by a third party, or any other content which appears on the website, please contact us through our contact form below or by using our contact details in paragraph 14 below. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright. We will then review the material and decide what action should be taken, if any. We will deal appropriately with any content which, in our opinion, is in breach of these Terms. We will endeavour to inform you of the outcome of our review, if appropriate, within a reasonable time of receiving your complaint.
6. Suspension and termination of your access to the website
6.1 We may suspend indefinitely or terminate your right to use the website and/or any account you may have with us at any time without notice or liability to you if:
6.1.1 you breach the spirit or the letter of these Terms or we have reason to believe that you may have breached the spirit or the letter of these Terms; or
6.1.2 we have reason to believe that your account, or any of your account details, have been compromised in any way; or
6.1.3 we are required, or have reason to believe that we are required, to do so by any law or regulation.
6.3 In the event of the termination of your right to use the website and/or any account you may have with us for any reason, you shall not seek to use the website and/or create a new account on the website (as applicable) without our written consent.
7. Our intellectual property
7.1 The word mark “ESUBSTANCE” (UK00002258228) is a United Kingdom registered trade mark owned by us. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all our worldwide proprietary ownership rights and we may own or control other proprietary rights in one or more countries outside of the United Kingdom. All rights not expressly granted are reserved. We are the owner or the licensee of all other intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You acknowledge and accept that you have no rights in any intellectual property owned by us or our licensors and that you do not acquire any ownership rights by virtue of your use of the website.
7.3 You may print off one copy, and may download extracts, of any page(s) from the website for your personal use and you may draw the attention of others within your organisation to content posted on the website.
7.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.5 Our status (and that of any identified contributors) as the author of content on the website must always be acknowledged.
7.6 You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors.
7.7 If you print off, copy or download any part of the website in breach of these Terms, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Disclaimers and limitation of liability
8.1 Nothing in these Terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents, representatives or sub-contractors; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under English law. The further provisions of this paragraph 8 shall be subject to this paragraph 8.1.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
8.3 We will not be liable to you or any other user for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, or loss of business opportunity, goodwill or reputation, or any other direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
8.3.1 your use of, or inability to use, the website; or
8.3.2 your use of, or reliance on, any content displayed on the website, provided that nothing in this paragraph
8.3 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not expressly excluded by this paragraph 8.
8.4 In particular, we draw your attention to the following:
8.4.1 You acknowledge that the website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the website meet your requirements. Furthermore, we will not be liable to you if you are unable to access or use the website using your particular computer or mobile devices.
8.4.2 We provide the website free of charge. Access to the website is permitted on a temporary basis. We do not guarantee that the website or its content will always be available or uninterrupted and we may suspend, withdraw, discontinue or change all or any part of the website without notice. From time to time, we may also restrict access to some parts of the website, or the entire website, to all users and, if the need arises, we may close the website indefinitely. We will not be liable to you for any loss or damage you may suffer if, for any reason, the website is unavailable at any time.
8.4.3 The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. Although we make reasonable efforts to update the information on the website, we give no assurance or guarantee, whether express or implied, that the content on the website is accurate, complete or up-to-date.
8.4.4 Although we have appropriate security measures in place to protect our systems and servers, we do not guarantee that the website will always be free of errors, bugs or viruses, whether introduced by us or by third parties. You are solely responsible for ensuring that your computer equipment and mobile devices, and the information held on them, are backed up and protected by appropriate firewalls and internet security products or services. We will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.
8.4.5 You are solely responsible for keeping your password secure. We are not liable to you for any loss or damage you may suffer as a result of the use of your account by another person, whether such use is with or without your consent.
8.4.6 We do not endorse products or services advertised by third party advertisers through the website. We have no control over and do not vet the products and services of third parties. You are solely responsible for any transactions that you enter into with such third parties and it is your responsibility to satisfy yourself as to the quality and suitability of the product or service being offered to you and the specific terms of their sale.
8.5 To the extent that our liability has not been limited or excluded under the earlier provisions of this paragraph 8:
8.5.1 we are only responsible for loss or damage that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in paragraph
8.5.2, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Terms; and
8.5.2 our maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £200 (or its equivalent in any applicable currency). This limitation does not apply to the types of loss set out in paragraph 8.1.
8.6 You agree to compensate us fully for any loss, damage, liability, claim, cost or expense (including reasonable legal and other professional costs) (Demand) we may suffer, incur or pay arising from your access to or use of the website or your breach of any of these Terms. We will notify you of such Demands and update you on their progress. In the event of a Demand, we will consider, but will not be bound by, any representations you wish to make.
9. Information about you and your visits to the website
10. Viruses, hacking and other offences
10.1 You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching the provisions of paragraph10.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
11. Linking to the website
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 The website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
11.3 If you wish to make any use of material on the website other than that set out above, please contact us using our contact details in paragraph 14 below.
12. Law and jurisdiction
12.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
12.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
13. Variations to these Terms
14. Contacting us
If you would like to contact us with any questions, comments or feedback regarding these Terms or any other aspect of the website, products or services, you can contact us through our contact form below. We will usually confirm receipt by using the same method as you used to contact us. Thank you for visiting the website.