These are our terms and conditions for use of www.getaheadofthecurve.co.uk, which you may access in several ways, including but not limited to the World Wide Web via getaheadofthecurve.co.uk, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the “Get Ahead Of The Curve Site” we mean the digital information network operated by or on behalf of Goldmine Media Limited and affiliates (collectively “Goldmine”), regardless of how you access the network. By accessing the Get Ahead Of The Curve Site, you agree to be bound by these terms and conditions whenever you access the Get Ahead Of The Curve Site on any device. If you have accessed the Get Ahead Of The Curve Site from the United States, you also agree to be bound by additional terms and conditions of use contained at the end of these terms and conditions of use.
1. Registration
You may access registration areas of the Get Ahead Of The Curve Site by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the Get Ahead Of The Curve Site, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the Get Ahead Of The Curve Site;
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Get Ahead Of The Curve Site; and
(iii) you will not create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.
2. Termination of registration
If you no longer wish to have a registered account, you many terminate your account by sending an email to enquiries@getaheadofthecurve.co.uk. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Get Ahead Of The Curve Site. Continued use of the Get Ahead Of The Curve Site indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Get Ahead Of The Curve Site immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
3. Use of material appearing on the Get Ahead Of The Curve Site
Your use of the Get Ahead Of The Curve Site is for your own personal and non-commercial use only. You acknowledge that, as between Goldmine and you, except for user content and advertisements (as discussed below), Goldmine is the sole owner of all content on the Get Ahead Of The Curve Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Get Ahead Of The Curve Site (“Goldmine Content”). The Get Ahead Of The Curve Site and the Goldmine Content are protected by the copyright laws and other intellectual property laws of the United Kingdom and the United States and are protected globally by applicable international copyright treaties.
You may download and print extracts from the Goldmine Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Goldmine Content for any other purpose without our prior written approval. Except as expressly authorised by Goldmine, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Get Ahead Of The Curve Site.
4. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the Goldmine Content. Nothing in the Goldmine Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Goldmine Content or any part of it. You can access other sites via links from the Goldmine Site. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Get Ahead Of The Curve Site or the Goldmine Content. In particular, we do not warrant that the Get Ahead Of The Curve Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Get Ahead Of The Curve Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the Get Ahead Of The Curve Site from the United States, the additional disclaimers and limitations of liability in Sections 15 and 16 apply.
5.Third-party advertising on the Get Ahead Of The Curve Site
You will see advertising material submitted by third-parties on the Get Ahead Of The Curve Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Get Ahead Of The Curve Site, please email the advertising team at advertising@getaheadofthecurve.co.uk and a member of the sales team will contact you.
6. User content
Users of our site may be permitted to submit content for publication in various areas of the Get Ahead Of The Curve Site. Interactions with our site are governed by our Community Standards and Participation Guidelines which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Get Ahead Of The Curve Site.
When you submit content to us, you agree and represent that you have created this content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Get Ahead Of The Curve Site. You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish or transmit, or to authorise third-parties to use, publish or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Get Ahead Of The Curve Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of this content. You further acknowledge and agree that the views expressed by you and other users in this content do not necessarily reflect the views of Goldmine and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Get Ahead Of The Curve Site.
We, or authorised third parties, reserve the right to refuse to publish, cut, crop or edit your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third-parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or otherwise illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Get Ahead Of The Curve Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Get Ahead Of The Curve Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Get Ahead Of The Curve Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Get Ahead Of The Curve Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Get Ahead Of The Curve Site may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Goldmine assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Get Ahead Of The Curve Site.
7. Data protection
Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at www.getaheadofthecurve.co.uk/privacy-policy.
8. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Get Ahead Of The Curve Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Get Ahead Of The Curve Site after it has been posted.
9. Governing law & jurisdiction (except for US users)
This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the Get Ahead Of The Curve Site in the United States is governed by Section 14 below.
10. Indemnification
You agree to defend, indemnify, and hold harmless Goldmine and its affiliates and each of their respective officers, directors, and employees from any and all claims, liabilities, costs and expenses, including, but not limited to, legal fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
11. No waive
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Goldmine.
Additional terms of use for users in the United States
12. Additional restrictions on user content
In addition to the terms in Section 6 above, you agree not to use the Get Ahead Of The Curve Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
13. DMCA notice
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Get Ahead Of The Curve Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
14. Governing law & jurisdiction (for US users)
If you have accessed the Get Ahead Of The Curve Site from the US, this agreement is governed by the governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with Goldmine or relating in any way to your use of the Get Ahead Of The Curve Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Goldmine Media Limited or its affiliates, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Get Ahead Of The Curve Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
15. Additional disclaimers
Visitors to the Get Ahead Of The Curve Site agree that their use of the Get Ahead Of The Curve Site is at their own sole risk. The Get Ahead Of The Curve Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Get Ahead Of The Curve Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Goldmine also makes no representations and warranties as to any linked sites and Goldmine has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Get Ahead Of The Curve Site may represent the opinions and judgments of providers or users, such as user content. Goldmine and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Get Ahead Of The Curve Site by anyone other than authorised Goldmine employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Get Ahead Of The Curve Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Get Ahead Of The Curve Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Goldmine does not warrant or guarantee that access to the Get Ahead Of The Curve Site will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
16. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL GOLDMINE OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE GET AHEAD OF THE CURVE SITE, EVEN IF GOLDMINE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE GET AHEAD OF THE CURVE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOLDMINE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMISING GOLDMINE’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
