The SelfStir.com Web Site (the "Site") is an online information service provided by SelfStir Limited ("SelfStir.com"), subject to your compliance with the Terms of Service (“TOS”) set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SELFSTIR.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Legal Authority
To use and/or register for the Site you must be of legal age to form a binding contract with SelfStir.com. By accepting these TOS you represent that you understand and agree to the above.
Changes to this Agreement
SelfStir.com may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Site after the TOS has changed constitutes your acceptance of the TOS as revised.
1. Description of the Site
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, INFORMATION OR DATA.
In addition, SelfStir.com is not obligated to provide any maintenance, technical or other support for the Site.
Changing the Site
SelfStir.com reserves the right to modify, suspend or stop the Site (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the preceding, SelfStir.com may provide notice of any such changes to the Site by posting them on its website. You agree that SelfStir.com shall not be liable to you or any third party for any modification or cessation of the Site (or any part thereof). You acknowledge that SelfStir.com has no express or implied obligation to provide, or continue to provide, the Site, or any part thereof, now or in the future; and in addition, SelfStir.com may at any time, upon prior notice as required by applicable law, institute charges or fees for the Site.
Feedback
As part of using the Site, SelfStir.com will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Site. You agree that in the absence of a separate written agreement to the contrary, SelfStir.com will be free to use any feedback you provide for any purpose.
Limitations on Use
SelfStir.com may impose certain limitations on the use of the Site, including, but not limited to, allocating certain levels of storage capacity to your account, restricting the number of accounts you may register, imposing expiration dates on data and removing expired content from the Site. You agree to use the Site only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. SelfStir.com reserves the right to modify or impose any limitations on the use of the Site at any time, with or without notice to you.
SelfStir.com Account
To sign-in and activate the account, you must use a valid email Account. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
2. SelfStir.com Privacy Policy
You understand that by using the Site, you consent and agree to the collection and use of certain information about you and your use of the Site in accordance with SelfStir.com’s Privacy Policy. Information collected when you use the Site may include technical or diagnostic information related to your use that may be used by SelfStir.com to maintain, improve and enhance the Site. For more information please read our full privacy policy at http://www.selfstir.com/privacy/. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by SelfStir.com and/or its affiliates.
3. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are SelfStir Limited, SelfStir.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SelfStir.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to SelfStir.com by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against SelfStir.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SelfStir.com.
Trademarks
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of SelfStir.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
4. Content and Your Conduct
Content
"Content" means any information that may be generated or encountered through use of the Site, such as data files, written text, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Site is the sole responsibility of the person from whom such Content originated. This means that you, and not SelfStir.com, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Site. You understand that by using the Site you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. SelfStir.com does not control the Content posted via the Site, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Site and any Content is solely at your own risk.
Your Conduct
You agree that you will NOT use the Site to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another SelfStir.com subscriber, a SelfStir Limited employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (SelfStir.com reserves the right to reject or block any Subscriber which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Site (“spoofing");
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site (or any part thereof);
- interfere with or disrupt the Site (including accessing the Site through any automated means, like scripts or web crawlers), or any servers or networks connected to the Site, or any policies, requirements or regulations of networks connected to the Site (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Site to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that SelfStir.com is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, SelfStir.com reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
Save Your Content
SelfStir.com does not guarantee or warrant that any Content you may store or access through the Site will not be subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
You acknowledge and agree that SelfStir.com may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of SelfStir.com, its users or the public as required or permitted by law.
Copyright Notice
If you believe that any Content in which you claim copyright has been infringed by anyone using the Site, please contact us. SelfStir.com may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
Violations of TOS
If while using the Site, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to legal@selfstir.com
5. Content Submitted or Made Available by You on the Site
License from You
Except for material we may license to you, SelfStir.com does not claim ownership of the materials and/or Content you submit or make available on the Site. However, by submitting or posting such Content on areas of the Site that are accessible by the public, you grant SelfStir.com a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Site solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or SelfStir.com remove such Content from the public area. By submitting or posting such Content on areas of the Site that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.
Changes to Content
You understand that in order to provide the Site and make your Content available thereon, SelfStir.com may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits SelfStir.com to take any such actions.
6. Software as a Service
License From SelfStir.com
SelfStir.com grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by SelfStir.com as a part of the Site and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
7. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by SelfStir.com, SelfStir.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for SelfStir.com-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with SelfStir.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELFSTIR.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SELFSTIR.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SITE. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SelfStir.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THATSELFSTIR.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SELFSTIR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) ANY CHANGES MADE TO THE SITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SITE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SITE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND (VI) ANY OTHER MATTER RELATING TO THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SELFSTIR.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SelfStir.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-SelfStir.com web site, please understand that it is independent from SelfStir.com, and that SelfStir.com has no control over the content on that web site. In addition, a link to a SelfStir.com web site does not mean that SelfStir.com endorses or accepts any responsibility for the content, or the use, of such web site.
9. Indemnification
You agree to indemnify, defend and hold harmless SelfStir.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
10. Termination
Termination by You
You may terminate your account and/or stop using the Site at any time.
Termination by SelfStir.com
SelfStir.com may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Site. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Site; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Site or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Site to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by SelfStir.com in its sole discretion, and SelfStir.com will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Site.
Effects of Termination
Upon termination of your account you lose all access to the Site and any portions thereof, including, but not limited to, your account and any data associated with it.
11.Resolution of Disputes and Governing Law; Limitation on Actions
This Agreement will be interpreted under and governed by English law without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against SelfStir will be exclusively resolved through arbitration.
EXCEPT AS PROVIDED HEREIN, YOU AND SELFSTIR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR THE PURCHASE OF SERVICES FROM SELFSTIR, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ENGLAND AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE LONDON COURT OF INTERNATIONAL ARBITRATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF ENGLAND. THE LOSING PARTY IN ANY SUCH ARBITRATION PROCEEDING WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND SELFSTIR AGREE THAT THE SITUS OF THIS AGREEMENT IS IN ENGLAND. YOU AND SELFSTIR AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SELFSTIR MAY, AT ITS SOLE AND ABSOLUTE DISCRETION, REFER ANY PARTICULAR DISPUTE CURRENTLY IN ARBITRATION TO LITIGATION BEFORE THE ENGLISH COURTS AT ANY TIME PRIOR TO THE ARBITRATOR DECIDING THE PROCEEDING. YOU EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS.
SELFSTIR AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
12. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. SelfStir may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Site and/or associated services.
13. Notices
Any notice you are required by this Agreement to give to SelfStir must be in writing, and must be mailed, and a copy sent by email, to:
Address:
SelfStir Limited
Station House,
Connaught Road, Brookwood,
Woking, GU24 0ER,
United Kingdom
Phone: +44 (0) 20 84347450
Fax: +44 (0) 20 84347455
info@selfstir.com
Email notice alone shall not comply with the notice requirements of this Agreement.
SelfStir.com is the trading name of SelfStir Limited
SelfStir Limited is a company registered in England & Wales with company number 08729822
SelfStir may provide you with notices regarding the Site, including changes to this Agreement, by email and/or by posting such notice on the Site.
Any rights not expressly granted herein are reserved.
Last revised: October 30, 2018
