startmenu is an online entertainment and information site run by James Law and Imogen Mellor.
These terms and conditions ("Terms") apply to all and any use of the site and it’s content.
startmenu and references to startmenu include the Content, which is made up of and includes:
Any and all publications, videos or other content produced by or for startmenu and made available through startmenu and it’s account
Any and all articles, reviews, emails, messages and other content and communications uploaded, submitted, transmitted, posted or otherwise made available by third party users to or using startmenu or any message board or similar services run or made available on or through startmenu.
By using startmenu you represent, undertake and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by these Terms.
If you do not accept or understand these Terms you should not use startmenu or any part of it. That includes without limitation by accessing or interacting with the content.
If you are under the age of 18 or don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
startmenu may make alterations to these Terms from time to time and these variations shall become effective immediately.
2. Use of startmenu
You may download and use startmenu and the Content on it solely for your private, non-commercial, personal use via the internet only.
These Terms do not grant you any title or ownership in startmenu or any Content and should not be construed as a sale or transfer of any copyright or other right.
You may not transfer, sub license or deal in these right without startmenu’s or their creator’s prior written permission.
You agree not to:
Use startmenu or any Content for any commercial or business purpose;
Include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any User Content;
Use your access to startmenu, or information gathered from it, for the sending of unsolicited bulk email or any spam;
Process or otherwise use the information contained on or within startmenu or any Content for any illegal or immoral purpose or use or process the same unfairly.
3. User Content
startmenu acts as a host to content from Third Parties. Despite startmenu selecting work which can appear on the site, pieces of work and views by those published are not reflective of startmenu as a whole. As such
The views expressed in any User Content are the views of the individual authors and not those of startmenu unless specified otherwise by startmenu.
startmenu is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
Notwithstanding the foregoing, startmenu shall be entitled to remove or reject any User Content and remove or suspend your ability to access, upload, submit or otherwise place User Content on or through startmenu for any reason.
You agree and undertake that you will not upload, submit or otherwise place User Content nor make any communication or post to or transmit to startmenu any statement or material that:
1. is unlawful or which gives rise to civil or criminal liability;
2. promotes any illegal or unlawful activity;
3. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
4. is abusive, pornographic, defamatory, discriminatory or obscene;
5. harasses any person;
6. markets or promotes any third party;
7. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
8. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
2. You will be responsible for any User Content that you upload, submit, transmit, post or otherwise place on or through startmenu and you accept that full responsibility and liability for that Content rests solely with you. startmenu shall have no liability in relation thereto.
3. By uploading, submitting, transmitting, posting or otherwise placing any User Content on or through startmenu you expressly agree and confirm that:
You are not a minor or else have your parent's or guardian's permission to do so on these Terms;
Your User Content may be used on and in connection with startmenu;
Your name may be advertised and used in connection with any User Content you submit or make available;
You grant to startmenu the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such User Content on and / or in connection with startmenu and to give all consents (if any) which startmenu requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
You agree that startmenu may use, publish, edit, modify and adapt your User Content for any and all purposes relating to startmenu and the business of startmenu and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your User Content.
You own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the User Content you submit or make available;
The User Content you submit or make available and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
You are entitled to submit it and make it available for use as envisaged by these Terms and you are not under any contractual or other obligations preventing you from doing so;
you have received all necessary permissions and consent required for the use by startmenu, as described in these Terms, of any User Content you submit or make available;
That you have not granted any other person any rights that are inconsistent with the rights granted above.
startmenu provides and maintains startmenu for personal information, education and entertainment, on an "as is" basis
startmenu shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with startmenu or any Content.
Third party web sites and online services to which startmenu links ("External Sites") have not been verified or reviewed by startmenu.
All use and access of External Sites is made at your own risk.
startmenu gives no warranty in connection with startmenu other than as expressly stated and to the maximum extent permitted by law, startmenu excludes liability for:
Any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which startmenu has been made aware of;
The accuracy, currency or validity of the information and material contained within any Content or startmenu;
Any interruptions to or delays in updating startmenu;
Any incorrect or inaccurate information on startmenu;
The infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of startmenu;
The availability, quality, content or nature of External Sites;
Any transaction involving External Sites;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading startmenu, or any User Content;
All representations, warranties, conditions and other Terms which but for this notice would have effect.
startmenu does not warrant that the operation of startmenu will be uninterrupted or error free.
startmenu will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit startmenu’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
You agree that in relation to your use of startmenu you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute startmenu.
You hereby indemnify, defend and hold startmenu and startmenu’s affiliates and startmenu's officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of startmenu, any User Content. You shall use your best efforts to cooperate with startmenu in the defense of any claim. startmenu reserves the right, at startmenu's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Without limiting any other rights it may have startmenu may remove, restrict, cancel or suspend access to and use of startmenu and Content or other any part of it, if it considers (in its sole discretion) that you have breached any of these Terms. Termination of content shall be without prejudice to the accrued rights of startmenu.
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
startmenu acts as principal on its own account and not as agent for you or any other person.
If startmenu does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
In the event that any part of these terms and conditions is held to be unenforceable, such part will at startmenu’s option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These terms and conditions constitute the entire agreement between you and startmenu and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
Reference to the word "include" and "including" shall mean and be read as "include without limitation" and "including without limitation" in these Terms.
Use of startmenu and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
startmenu is intended for and directed at the UK and no representation or warranty is made as to whether startmenu complies with the regulatory regime and local laws of any other countries.
By using startmenu you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content email and web usage.
7. Contacting startmenu
All questions, comments and inquiries should be directed at startmenu at firstname.lastname@example.org.