Telescope Website Terms and Conditions of Use
I: Introduction and Permitted Use
A. Please read these terms and conditions of use (“Terms”) carefully before using this website (“Site”), which is operated by Hebe Foster (“Telescope”, “we”, “us”, and “our”). These Terms are intended to constitute a binding agreement that governs and conditions your use of this Site. By using the Site, you acknowledge that you have read these Terms and you agree to be bound by them without any limitation or qualification. If you do not agree to these Terms, you should not access or use the Site. Our privacy policy (the “Privacy Policy”) constitutes part of these Terms and is hereby incorporated by reference. If you have any questions concerning these Terms or our Site, please contact via our contact form here and we will get back to you as soon as we are able.
B. Subject to your acceptance of these Terms, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable, non-assignable licence to access and use the Site for your (or your organisation’s) personal and business purposes only. This licence is subject to your compliance with these Terms, the Privacy Policy and all other posted terms and conditions on the Site. Nothing contained in these Terms is intended to modify any other agreement you may have with Telescope, if any, that may be in effect. In the event of any inconsistency between these Terms and any other agreements with us, the terms of the other agreements shall control. All rights not expressly granted to you in these Terms are reserved.
II: Hyperlinks and Provision of Third-Party Content
A. The Site may contain links to other websites and/or other third-party content. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Telescope or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. We shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. We do not review or monitor any third-party websites linked from or to the Site. If you decide to access any linked third-party website, you do so at your sole risk. Neither Telescope nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such third party websites.
III: Intellectual Property and Site Content Ownership
A. Unless otherwise expressly noted, all marks, names, trade dress, slogans, designations, information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials and content, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licenced by Telescope and/or its affiliates, or their respective owners. Nothing in this Site shall be deemed to convey upon you any right, title, or interest in any such intellectual property except for the right to view and/or use the same pursuant to these Terms. Any unauthorised use of any of our intellectual property may constitute an infringement under applicable laws for which you shall be solely liable.
B. You acknowledge that Telescope or third parties granting rights to Telescope hold title to all materials on this Site, which are the copyrighted works of Telescope or the third parties, with all rights reserved. Telescope neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Telescope. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, image, logo, icons, interfaces, code and software as well as the selection and arrangement thereof. Telescope authorises you to view and use the Site with the following restrictions: (i) each page downloaded must include this copyright statement displayed in a prominent position: “Telescope All rights reserved.”; and (ii) materials cannot be modified, forwarded, displayed, distributed, performed, or published in any media without crediting Telescope (where possible).
IV: Prohibited Uses
A. You shall not: (i) “flood,” “spam,” “mailbomb” or overload any of the Site or otherwise take any action that may result in damage, impairment or overload of any of the Site’s infrastructure; (ii) use any device, software or routine to attempt to interfere with any of the Site’s functionality or appearance; (iii) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest, extract or collect any information from the Site; (iv) attempt to decompile, disassemble or reverse-engineer any of the Site’s source code or software; (v) impersonate any person or entity other than yourself or create a user account for anyone other than yourself; (vi) use the Site to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (vii) assist or encourage violations of these Terms, the Privacy Policy or applicable laws or regulations; (viii) use any hidden text or metatags using “Telescope”, or any of our other trademarks, service marks or names without our prior written consent or (ix) violate or attempt to violate the security of any of the Site (including without limitation, accessing user accounts, servers or data without authorisation, probing or testing the vulnerability of any of the Site’s authentication measures, security or system infrastructure without proper authorisation, or otherwise interfere with service to any user, host or network).
B. Any software owned by Telescope, including any files, images incorporated in or generated by the software and data accompanying the software that may be made available on this Site is licenced to you by Telescope for your use, and no ownership rights pass to you.
V: Indemnity and Disclaimer of Warranties and Liability
A. You agree to indemnify, defend and hold harmless Telescope and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
B. Your use of this Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Telescope expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from Telescope or through or from the Site shall create any warranty of any kind. Telescope does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
C. You acknowledge and agree that you assume full responsibility for your use of the Site. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. Recognising such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Telescope nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Site, or any other site you access through a link from this Site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the Site, or for any information, products or services advertised in or obtained through the Site, Telescope as removal or deletion of any materials submitted or posted on its Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if Telescope, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Telescope nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with Telescope is to discontinue your use of the Site.
VI: Miscellaneous
A. You agree that no joint venture, partnership, employment or agency relationship exists between you and Telescope as a result of these Terms or your use of the Site.
B. We reserve the right, at our discretion, at any time, to change, update, amend, and/or modify these Terms without prior notice. The revised Terms will become effective at the time of posting, and any use of the Site after such effective date shall constitute your acceptance of the revised Terms. If you do not agree to the revised Terms, do not continue to use the Site. It is your responsibility to review these Terms periodically for updates and changes. If you violate any part of these Terms, your permission to access or use the Site shall automatically terminate. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your licence to use the Site and prevent your future access to and use of the Site. No waiver by Telescope or any of its affiliates of any right under these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time.
C. These Terms, together with the Privacy Policy and other posted policies on the Site, together represent the entire agreement between Telescope, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Site and our rights and duties under these Terms, the Privacy Policy and other posted policies in connection with any reorganisation, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms in any respect.
D. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
E. References to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Telescope.
F. Telescope is under no obligation to post, forward, distribute or otherwise provide any material available on this Site, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
G. These Terms and any contractual or non-contractual disputes directly or indirectly arising from or relating to the same shall be governed by and construed in accordance with the laws of England and Wales. By using this Site, you hereby consent and agree to the exclusive jurisdiction of the courts of England and Wales for all suits, actions, or proceedings directly or indirectly arising out of or relating to these Terms, and waive any and all objections to such courts, including, but not limited to, objections based on improper venue or inconvenient forum, and you hereby irrevocably submits to the jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to these Terms.