Terms & Conditions

By accessing or using Masher, you agree to the following Terms and Conditions. We recommend you read them.

This service is operated by Masher Technologies Limited. We are registered in England and Wales under company number 1420028 and have our registered office at Unit 1G, Network Point, Range Road, Windrush Park, Witney, Oxfordshire OX29 0YN.

1. Please read these terms and conditions (terms) carefully. By accessing and using this service, you indicate your acceptance of these terms, the Privacy Policy, the Code of Conduct and any other notices, guidelines and rules published by us for this service from time to time (each of which is incorporated into the terms by this reference).
2. If you do not accept these terms please do not access and/or use this service.
3. Masher Technologies Limited (we or us) may change the terms at any time by updating this webpage. Please review the terms regularly to ensure you are aware of any changes. Your continued access to and/or use of the service after changes have been made to the terms indicates your agreement to be legally bound by the updated and/or amended terms.

Use of this Service

1. You agree to use the service for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person's use and enjoyment of the service and in compliance at all times with the provisions of the Code of Conduct. You may not use the service to disseminate any unlawful or other objectionable material (including without limitation any material that relates to terrorism or that would constitute an offence under the Terrorism Act 2006), to gain unauthorised access to our computer systems, in any manner that would contravene the Computers Misuse Act 1990 or to otherwise breach any applicable laws or regulations.
2. From time to time, we may restrict access to some parts of the service (including without limitation forums or communities) or to our entire service to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. If you are under 13, please get your parent's or guardian's permission before using any interactive features of this service, such as transmitting or uploading any content onto the service. For your own protection, we recommend that you do not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address.
4. The service is maintained, controlled and operated by us from our facilities in the United Kingdom and we make no representation that any of the content on it is appropriate or available for use in other territories. If you use the service from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.

Intellectual Property Rights

1. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or other content, services or materials (or any part of them) accessible on this service (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to Masher Technologies Limited or are otherwise used by us as permitted by applicable law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these terms.
2. Except as specifically permitted on the service, you undertake not to copy, store in any medium (including on any other webservice), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of this service without our prior written permission from the Masher team (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.

Contributions to the Service

PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SERVICE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SERVICE.

1. We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to this service (Contributions).
2. Whenever you make use of a feature that allows you to submit Contributions or to make contact with other users of the service, you must comply with the content standards set out in the Code of Conduct. You warrant that any Contribution complies with the Code of Conduct and you indemnify us for any breach of that warranty.
3. You remain the owner of the copyright in any original Contribution that you submit. By submitting any Contribution to any area of the service (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such Contribution so that we and any successor may use the Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
4. The permission you have granted to us is not exclusive and therefore you may continue to use the Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
5. You authorise us to grant and we hereby grant to each user of the service a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your Contributions to the service through the service and otherwise to use such Contributions as permitted through the functionality of the service and in accordance with these terms.
6. You shall be solely responsible for your Contributions and the consequences of submitting them to the service. You warrant and represent that:
   1. The Contribution is your own original work and you own the entire right, title and interest in and to the Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such Contribution to enable us to use the Contribution in the manner contemplated by these terms;
   2. Nothing in the Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law;
   3. You have the consent of anyone who is identifiable in your Contribution;
   4. The Contribution does not contain any virus, corrupt file, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
   5. You shall not forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
   6. You shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, duplicative or unsolicited messages or so-called "spamming" and "phishing"; and
   7. We shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any Contribution.
7. You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
8. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these terms.
9. All Contributions will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our service constitutes a violation of their intellectual property rights, their right to privacy or any UK law.

Removal of Materials

1. We are entitled at our option, but are not obliged to
   1. actively review Contributions to the service; and/or
   2. remove any Contributions submitted to the service by you or any other user if, in our opinion, such Contributions do not comply with these terms.
2. We reserve the right in our sole discretion at any time without liability and with or without prior notice
   1. not to post any Contribution on the service;
   2. to remove or suspend or disable access to any Contributions;
   3. to revoke your registration (where applicable) and right to access and/or use the service or submit any Contributions; and
   4. to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
3. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Contribution or Material infringes your copyright, please follow the procedure detailed here.

Reliance on Information on this Service

1. Information published on this service is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and disclaim all liability and responsibility arising from any reliance placed on any content on this service by any visitor to this service or by anyone who may be informed of any of its contents.
2. You acknowledge that when using the service you may be exposed to Contributions from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Contributions. We do not endorse any Contributions or any opinion, recommendation or advice expressed in any Contribution and we disclaim any and all liability in connection with such material.
3. We aim to update the service regularly and may change the content at any time. We may suspend access to the service, or close it indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.

Warranties and Disclaimer

1. The service is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with the service and your use of the service (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
2. We do not warrant that the functions contained in any Materials on this service will be uninterrupted or error free, that defects will be corrected or that this service or the server that makes it available are free of viruses or bugs.

Limitation of Liability

1. We accept no liability in respect of any Contributions submitted by any of our users. Your use of the service, the Materials and/or any Contributions is entirely at your own risk.
2. To the fullest extent permitted by law, Masher excludes any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of the Service, including without limitation:
   1. injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement;
   2. losses suffered by any third party, including infringement of any intellectual property or privacy rights;
   3. loss of data;
   4. loss of revenue or anticipated profits;
   5. loss of business or contracts;
   6. loss of opportunity;
   7. loss of anticipated savings;
   8. wasted management or office time; or
   9. loss of goodwill or injury to reputation.
3. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
4. We shall not be responsible for any breach of these terms caused by circumstances beyond our control.

Indemnity

1. You agree to indemnify us and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Service other than in accordance with these Terms or any applicable law.

Viruses, hacking and other offences

1. You must not misuse the service by introducing, transmitting or arranging the sending of any viruses, corrupt file, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to the service, the server on which it is stored or any server, computer or database connected to the service. You must not attack the service via a denial-of-service, distributed denial-of service or other type of attack.
2. Any breach of this provision constitutes 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 service will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the service, your downloading of any Materials on the service or on any materials on any other webservice linked to it.

Links to and from the Service

Linking from the Service

1. We have no control over the content or availability of third party services that you may access through this Service and such links are provided for your information only. If you visit any linked service, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
2. We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party webservices (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party services and any available services. Any terms, conditions, warranties or representations associated with any dealings on any third party services are solely between you and the relevant provider of that service and/or any relevant service.

Linking to the Service

1. You may link to the service 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. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to this service do not imply that we endorse, are affiliated with or are associated with any linked service or that any linked service is authorised to use any of our trade marks, trade names, logos or copyright symbols or those of any of our affiliates or licensors.
2. The service must not be framed on any other service, nor may you create a link to any part of the service other than the home page unless you have our prior written consent. We reserve the right to withdraw linking permission without notice. The webservice from which you are linking must comply in all respects with the content standards set out in the Code of Conduct.

Advertising and Sponsorship

1. Parts of or the entire service may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on the service comply with relevant laws, regulations and codes and these terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

Software

1. From time to time certain software which is our protected work or the protected work of our suppliers may be made available to download from this service. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.

Privacy

1. We take your very privacy seriously and are registered under the Data Protection Act. Any personal information supplied by you as part of any registration process and/or other interaction with the service will be collected, stored and used in accordance with the Privacy Policy. By using this service you consent to such collection and processing and you warrant that all data provided by you is accurate.

Order of Precedence

If there is any conflict between these terms and any specific terms appearing elsewhere on the service relating to specific material (including the Code of Conduct), then the latter shall prevail.

Severability

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Jurisdiction

The terms are governed by and construed in accordance with the laws of England and Wales.

Disputes

Any disputes arising from or related to the service shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.