Terms of Use

Updated 06/23/09   

Hedgehogs.net Limited ("Hedgehogs.net") provides the Hedgehogs.net platform (the "Site") for informational purposes only. Your access to the Site is subject to the terms, conditions and disclaimers appearing on the Site ("Terms of Use"), and all applicable laws. By accessing, browsing and/or using the Site, you accept, without limitation or qualification, the Terms of Use.

Each time you use the Site, the current version of the Terms of Use will apply. It is your responsibility to review the most recent version of this Agreement frequently and remain informed about any changes to it.

 

General Terms of Use

 

License

Subject to this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for personal, noncommercial purposes. Use for any other purpose requires a separate explicit agreement to be negotiated and signed between yourself and Hedgehogs.net. Your right to use the Service is limited by the terms of these Agreements. Except for this license granted to you, we retain all right, title, and interest in and to the Site, including all related intellectual property rights, where applicable. The Site is protected by applicable intellectual property laws, including the copyright laws of England and Wales and international treaties. We reserve the right to modify or terminate the Hedgehogs.net service for any reason, without notice at any time.

Privacy Policy

As a matter or routine, we collect registration and other information about you through the Service. Our collection and use of this information is governed by the Hedgehogs.net Privacy Statement available at Privacy Policy which is expressly incorporated as a term of this Agreement.

Registration

Users may only maintain one single active registration with Hedgehogs.net Limited. By accepting this agreement, you certify that you personally have no other registration with Hedgehogs.net unless explicitly agreed with Hedgehogs.net Limited by separate written agreement. Each user may select his or her own “visible name”, and may change this name from time to time. By becoming a user, you agree to have your “visible name” and such other content as you nominate as visible to other users displayed on the site. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Failure to conform to this requirement shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the service shall be for your personal use only.

No Recommendations or Advice

Hedgehogs.net is not a registered financial advisor or broker/dealer. Hedgehogs.net should be used for informational purposes only and its content does not constitute investment advice. Hedgehogs.net, and its employees and agents are not financial advisors and are not regulated by the UK Financial Services Authority or any other regulatory body. If you make investment decisions in reliance on information you receive in connection with the Service, you do so at your own risk and Hedgehogs.net, its employees, and its management will not be liable for any losses that you may sustain.

You should not make any investment decision without first consulting professional financial advisors and conducting your own research, including carefully reviewing the prospectuses and other public filings of any relevant issuer. To the maximum extent permitted by law, Hedgehogs.net disclaims any and all liability in the event any information, analysis, opinions, advice or recommendations on the Site are inaccurate, incomplete or unreliable or result in any investment or other losses. Nothing on the Site should be construed as an offer to sell, an offer to buy, a promotion, or a recommendation for any security or investment by Hedgehogs.net or by any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.

Securities Disclaimer

You acknowledge that an investment in any security, derivative, commodity, currency or contract is subject to a number of risks and that discussion of any security, derivative, commodity, currency or contract published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the investments as to which content is published on the Site may have a low market capitalization, insufficient public float or inadequate secondary market liquidity. Such investments are subject to more risk than investments in larger or more liquid investments, including greater volatility, lower liquidity and the lack of publicly available information. Users should always take appropriate professional advice, including advice regarding the suitability of such investments for their circumstances, prior to any participation in such investments and prior to participation in any such discussion.

Eligibility and Restrictions

You must be 18 years of age or older to use the Service. It is not intended for those under the age of 18. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement.

When using the Service, you must comply with all applicable laws, including without limitation, the rules and regulations of the UK Financial Services Authority, the Financial Services and Markets Act 2000, the Financial Promotions Order 2005, the European Union Markets in Financial Instruments Directive (MiFID), U.S. Securities and Exchange Commission and the national or other securities exchanges of any jurisdiction in which you are located or operate, or which apply to your activities, including compliance with rules against making false or misleading statements to manipulate the price of a security and any requirements regarding the promotion of investments or the listing of primary securities. You personally will not, and will not permit anyone else to:

·  Store, copy, modify, distribute, or resell any of the content made available on the Site or compile or collect any content as part of a database or other work, except where such content explicitly permits such use

·  Use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content, except where such content explicitly permits such use.

·  Rent, lease, or sublicense your access to the Site to another person

·  Use the Service or Site Content for any purpose except for your own personal use except where explicitly permitted

·  Circumvent or disable any digital rights management, usage rules, or other security features of the Service

·  Use the Service in a manner that threatens the integrity, performance, or availability of the Service

·  Remove, alter, or obscure any proprietary notices (including copyright notices and license terms) on any portion of the Site content

 

Non-Commercial Submissions to Hedgehogs.net

You will retain ownership rights in such submissions. However, by submitting your post or comments to us, you hereby grant to Hedgehogs.net, a perpetual, non-exclusive, fully paid, royalty-free, worldwide license (with the right to sub-license through multiple tiers of sub-licensees) to use, copy, modify, adapt, transmit, and distribute your submissions unless otherwise restricted by this Agreement including as provided by our Privacy Statement. Where any additional restrictions are imposed, they shall be documented as follows:-

·         For third-party Widgets or plug-ins included in the Widget Gallery:- Contributors may further reserve their rights by including an appropriate copyright statement attributing ownership of the copyright to the licensor party, (including reference to any right to distribute afforded by any license obtained from the copyright holder (where applicable) and reference or link to the appropriate licensing terms), within the relevant section of the deployed Elgg plug-in. 

This statement shall specify whether the license conferred to Hedgehogs.net Limited excludes any of the following uses- "copy", "modify", "adapt". The license granted cannot exclude the following uses which are intrinsic to the inclusion of the content within the platform- "use", "transmit", "distribute". If you wish to exclude any of these uses you should consider whether it is appropriate to post the content, or in the event of doubt should contact Hedgehogs.net Limited to discuss the specific basis of use intended. Additionally, where such widgets include elements themselves derived from or including code or content subject to existing licensing terms (such as GNU GPL v2 which requires that all derivative works are themselves licensed on the same basis), the contributor must ensure that they are entitled to impose such restrictions under the terms of the associated license in order for such restriction to have any binding effect.

·         For third party Javascript, embed code, or HTML packaged into “widgets” by users with the "Widget Studio" tool for inclusion in the widget gallery:- the user creating the widget shall be responsible for ensuring that in doing so they do not violate the rights of any third party and are appropriately licensed should any copyrighted material be included within the embed code. It is recommended that the description field of the widget studio tool is used to attribute the source of the embed code and to display an appropriate notice in respect of the copyright holder.

 

·         For trademarks, logos or other commercially sensitive content:- Where such content is included in posts, profiles, etc for display on the site, or uploaded   into media galleries or file repositories within the site, an appropriate copyright notice should be displayed with the content. For images, audio and video content, it is recommended that such notices are explicitly superimposed on the artifact itself, or the artifact is mounted on a suitable canvas along with the copyright notice so as to cause them to be intrinsically bound together (for example by flattening the layers of an image to create a new image including both the original artifact and the copyright notice), or the copyright notice is bound to the artifact as metadata in a way which causes it to be carried with the artifact when it is saved, copied or reproduced, and which is readily accessible to anyone attempting to do so (such as its inclusion in the associated "properties" field.

Where the artifact or embed code has been made explicitly available by the copyright holder for the purposes of syndicating the underlying service or content, the contributor is responsible for ensuring that the terms of use are complied with and any associated requirements for attribution, copyright notices or display of license terms are displayed.

Hedgehogs.net Ltd will not accept any liability for the display of such content on its platform, and by accepting these terms the contributor accepts all liability for the consequences of any copyright violation, and holds Hedgehogs.net Ltd indemnified accordingly. In the event of any complaint regarding such usage, Hedgehogs.net Limited reserves the right to suspend the availability of the content and disclose the identity of the contributor to the complainant in the event that in Hedgehogs.net Ltd's reasonable view there is any basis to the complaint, or if required to do so by any legal process or statutory authority in any relevant jurisdiction.

The contributor shall be solely responsible for any consequential loss, interruption of continuity of service to subscribers to the content or any derived work, and responsible for refunding any monies due to subscribers in respect of content sold but not delivered, or delivered in violation of terms of use. Hedgehogs.net will not accept any responsibility for the consequences of such failure and resolution shall be solely a matter for resolution between the subscriber and the contributor. By accepting these terms of service, users indemnify Hedgehogs.net Limited from any claim or liability associated with the use of such content; whether as user, subscriber or contributor, and agree not to pursue remedy against Hedgehogs.net Limited to the fullest extent permissible in law.

Where content includes descriptions, implementations, or examples of technical components, business methods or other elements subject to Patent or Patent Pending, the Patent Holder may optionally display a notice alerting user to the existence of the Patent and associated registration details.

You further represent and warrant that:

       (i)            You own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and

     (ii)            The posting of your submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.

       (i)            All non-commercial contributions to the Site shall be regarded as being contributed under the terms of a Creative Commons Attribution-Share Alike 2.0 UK: England & Wales license, unless explicitly associated with another license, either as explicitly listed according to the procedures listed above or as defined using any specific license management facilities provided within the Site, and in the absence of such explicit provisions you hereby grant to other users of the site the right to use, copy, modify, adapt, transmit, and distribute your submissions in accordance with the terms of such license. You further represent and warrant that:

     (ii)            You own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and

    (iii)            The posting of your submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.

Commercial Submissions to Hedgehogs.net

 

By submitting Material you warrant and represent that you are the author of such Material and that, where appropriate, you have acquired all of the appropriate rights and / or permissions to use the Material in this fashion under the terms of any applicable license. Hedgehogs.net Limited accepts no responsibility or liability for any infringement of third party rights by such Material.

You hereby authorise Hedgehogs.net Limited to be your non-exclusive agent licensing your Material to third parties.  Such distribution is based on the terms of Hedgehogs.net Limited’s standard Licence, except as explicitly varied on a case by case basis by separate written agreement.

Where contributions are contributed on a commercial basis, by submitting Material you expressly agree that Hedgehogs.net Limited may use your Material in the following ways:

·         for display;

·         for promotional and public relations purposes;

·         for distribution;

·         for publication; and:-

·         For onward distribution “as agent” under the terms of the applicable Hedgehogs.net Limited “Re-sale and Distribution Agreement”, and in accordance with the terms of any license associated with such Material and lodged within the Site as metadata associated with such materials in the manner prescribed. 

 

Commissions and Consideration

Where your Material is offered on a commercial basis, you are entitled to receive consideration from sales of your Materials to end-users at the rates described in the billing schedule associated with each license. Your agreement with such end-user shall be subject to compliance with the terms of the applicable Hedgehogs “Re-sale and Distribution Agreement” as agreed with yourself. Unless explicitly agreed to the contrary within the terms of such agreement, Hedgehogs.net Limited shall be entitled to re-sale commissions at the rate of 20% of the net invoice amount associated with such sales, accumulated and invoiced monthly. Unless agreed otherwise by separate agreement, Commissions will be invoiced separately and withheld from the balance of periodic payments made by Hedgehogs in respect of the accumulated balance of sales of your Materials and collected on your behalf.

Hedgehogs.net will make all reasonable attempts to monitor and report the sales of such materials within the Site, but will have no liability in respect of distribution beyond the Site where such distribution is outside the terms of these Terms Of Use or is otherwise the subject of non-compliance with these Terms of Use or any separate Terms of Use, Licenses, conditions of sale or contracts applying to the Material in question

By contributing such Materials, you explicitly acknowledge that Hedgehogs.net has no liability in respect of opportunity cost, loss of profits, goodwill, use, data or other intangible losses, (even if Hedeghogs.net has been advised of the possibility of these damages.

 

Moderation and Removal / Amendment Of Content

Hedgehogs.net does not actively monitor your postings to the Site. However, in our efforts to promote good citizenship within the Hedgehogs.net community, if Hedgehogs.net becomes aware of inappropriate use of the Service, Hedgehogs.net shall be entitled to respond in any way that we deem appropriate in our sole discretion. You acknowledge that Hedgehogs.net may report to government authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Hedgehogs.net may cooperate with government authorities in any investigation of alleged illegal activity.

Hedgehogs.net may remove or modify any submission that Hedgehogs.net determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by Hedgehogs.net to be inappropriate for posting.

User Conduct

Hedgehogs.net asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Site, you agree not to:

·   Use Hedgehogs.net's facilities, services or resources (including the Service) in a manner which violates any applicable laws or regulations;

·   Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

·   Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·   Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;

·   Post submissions that contain nudity, violence, or offensive subject matter;

·   Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;

·   Sell or otherwise transfer your profile or account on the Service; or

·   Use Hedgehogs.net's facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

Hedgehogs.net reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or submissions, and terminating your access to the Service.

Termination

Either Hedgehogs.net Limited or you may terminate your Account.  If Hedgehogs.net Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If Hedgehogs.net Limited terminates your Account, we immediately forfeit all rights to use your Material and your Material will be removed from the Web Site.  Any outstanding balances due, less applicable commissions and expenses, will be paid to you within two months following receipt of such amounts from the underlying end-user.

If you terminate your Account, all rights held by Hedgehogs.net Limited to use your Material are deemed revoked and your Material will be removed from the Web Site.  Any outstanding balances due, less applicable commissions, will be paid to you within one month following receipt of such amounts from the underlying end-user.

 

Hedgehogs.net intellectual property rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hedgehogs.net, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Hedgehogs.net Inc grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Hedgehogs.net for use in accessing the Service.

Feedback

Hedgehogs.net may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service ("Feedback"). You agree that Hedgehogs.net may, in its sole discretion, use the Feedback you provide to Hedgehogs.net in any way, including in future modifications to the Service. You hereby grant Hedgehogs.net a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.

Hedgehogs.net Disclaimer of Warranties

 

To the maximum extent permitted by law, Hedgehogs.net Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein.

YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEDGEHOGS.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEDGEHOGS.NET OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Nothing in these terms and conditions excludes or restricts Hedgehogs.net Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Hedgehogs.net Limited.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

Hedgehogs.net Limitation of Liability

HEDGEHOGS.NET WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEDGEHOGS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL HEDGEHOGS.NET'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO HEDGEHOGS.NET FOR USE OF THE SERVICE AND WEBSITE CONTENT. BECAUSE SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Indemnity

You will indemnify and hold Hedgehogs.net, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service or Site Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service or Site Content.

Law and Jurisdiction

These terms and conditions and the relationship between you and Hedgehogs.net Limited shall be governed by and construed in accordance with the Law of England and Wales and Hedgehogs.net Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@hedgehogs.net.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

Contacting Hedgehogs.net

If you have any questions or concerns about the Service or this Agreement, please send us a thorough description by contacting Hedgehogs.net here.

 

 

 

 

 

TERMS AND CONDITIONS FOR THE USE OF FREE FORUMS, BLOGS, COMMENT AND COMMUNICATION FACILITIES

 

BACKGROUND:

 

This agreement applies as between you, the User of this Web Site and Hedgehogs.net, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

 

 

1.                  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

Hedgehogs.net

means Hedgehogs.net Limited, International House, 1-6 Yarmouth Place, London W1J 7BU;

Service

means collectively any online facilities, tools, services or information that Hedgehogs.net makes available through the Web Site either now or in the future;

System

means any online communications infrastructure that Hedgehogs.net makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Hedgehogs.net and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.hedgehogs.net) and any sub-domains of this site (e.g. subdomain.support.hedgehogs.net) unless expressly excluded by their own terms and conditions.

 

2.                  Intellectual Property

2.1              Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hedgehogs.net, or our affiliates.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2              Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Hedgehogs.net.  Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher.  Specifically you agree that:

2.2.1        you will not use the Content of the Web Site for commercial purposes; and

2.2.2        you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Hedgehogs.net.

3.                  Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4.                  Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5.                  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Hedgehogs.net or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6.                  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.hedgehogs.net or to sub-pages residing under this domain.  Deep linking (i.e. links to specific pages within the site) is permitted where such pages are accessible.

 

When using the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:

6.1.1        you must not use obscene or vulgar language;

6.1.2        you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3        you must not submit Content that is intended to promote or incite violence;

6.1.4        it is advised that posts on message boards, chat facilities or similar and communications with Hedgehogs.net are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

6.1.5        content submissions are required to be made using the English language(s).  Content in any other language may be removed at our sole discretion;

6.1.6        you must not post links to other web sites containing any of the above types of Content;

6.1.7        the means by which you identify yourself must not violate these terms of use or any applicable laws;

6.1.8        you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

6.1.9        you must not impersonate other people, particularly employees and representatives of Hedgehogs.net or our affiliates;

6.1.10    you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

6.1.11    you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

6.2              You acknowledge that Hedgehogs.net reserves the right to monitor any and all communications made to us or using our System.

6.3              In order to use the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details.  By continuing to use this Web Site you represent and warrant that:

6.3.1        any information you submit is accurate and truthful; and

6.3.2        you will keep this information accurate and up-to-date.

6.4              By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion.  Further, you waive all moral rights in the Content to be named as its author and grant Hedgehogs.net a licence to modify the Content as necessary for its inclusion on the Web Site.  Hedgehogs.net accepts no responsibility or liability for any infringement of third party rights by such Content.

6.5              Unless a User informs Hedgehogs.net otherwise, in advance of posting, in writing, and Hedgehogs.net agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Hedgehogs.net may deem appropriate under a royalty-free, perpetual basis.

6.6              Hedgehogs.net will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content.  Use of and reliance upon such Content is entirely at your own risk.

6.7              Content submitted by Users is not screened by Hedgehogs.net prior to appearing online.  We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author.  We shall be under no obligation to exercise such discretion.  If you wish to enquire as to the removal of Content, please submit your query to info@hedgehogs.net.  This does not constitute an undertaking to explain our actions.

7.                  Termination and Suspension

In the event that any of the provisions of Sub-Clause 6.1, above, are not followed, Hedgehogs.net reserves the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

8.                  Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

9.                  Disclaimers

9.1              Hedgehogs.net makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

9.2              No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

9.3              The information on this Web Site is not designed with commercial purposes in mind.  Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and Hedgehogs.net makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

9.4              Whilst every effort has been made to ensure that all descriptions of services available from Hedgehogs.net correspond to the actual services available, Hedgehogs.net is not responsible for any variations from these descriptions.

10.              Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Hedgehogs.net accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11.              Limitation of Liability

11.1          To the maximum extent permitted by law, Hedgehogs.net accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

11.2          Nothing in these terms and conditions excludes or restricts Hedgehogs.net’s liability for death or personal injury resulting from any negligence or fraud on the part of Hedgehogs.net.

11.3          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

12.              No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

13.              Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

14.              Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@hedgehogs.net  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

15.              Law and Jurisdiction

These terms and conditions and the relationship between you and Hedgehogs.net shall be governed by and construed in accordance with the Law of England and Wales and Hedgehogs.net and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

 

TERMS AND CONDITIONS PERTIANING TO ONLINE SALE OF IP

 

BACKGROUND:

 

This agreement applies as between you, the User of this Web Site and Hedgehogs.net Limited, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

 

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon the relevant Material being made available to you.

 

 

16.              Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Licence”

means the terms and conditions governing your use of Material purchased from this Web Site;

“Material”

means Content that Hedgehogs.net Limited makes available for purchase or subscription by Users subject to the terms of the appropriate License;

Hedgehogs.net Limited

means Hedgehogs.net Limited, International House, 1-6 Yarmouth Place, London W1J 7BU;

Service

means collectively any online facilities, tools, services or information that Hedgehogs.net Limited makes available through the Web Site either now or in the future;

“Payment Information”

means any details required for the purchase of Material from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;

System

means any online communications infrastructure that Hedgehogs.net Limited makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Hedgehogs.net Limited and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.hedgehogs.net) and any sub-domains of this site (e.g. subdomain.www.hedgehogs.net) unless expressly excluded by their own terms and conditions.

 

17.              Age Restrictions

17.1          The Web Site as a whole is only usable by persons over the age of 18, however purchases may only be completed by persons over the age of 18 (or 21 in jurisdictions where this is the legal age of majority). 

17.2          Certain Material available on the Web Site, where indicated, may be unsuitable for persons under the age of 18 (or 21 in jurisdictions where this is the legal age of majority). 

18.              Intellectual Property

18.1          Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hedgehogs.net Limited, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

18.2          Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hedgehogs.net Limited.

19.              Third Party Intellectual Property and Material

19.1          Material available for purchase on this Web Site is always accompanied by the details of its respective author and owner.  The Material is the property of the author and owner detailed.  Such ownership extends to any free previews of Material that may be available on this Web Site.

19.2          Subject to Clause 5, Purchased Material is subject to the accompanying Licence and is to be used only in accordance with the terms of that Licence.  Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.

19.3          Free previews of Material may be used in works in progress.  Such preview Material must be removed from and / or replaced with purchased Material for any versions of works that are released to any parties other than co-authors.  Under no circumstances are Material previews or any work containing them to be commercially exploited.

20.              Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

21.              Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Hedgehogs.net Limited or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

22.              Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so either to the home page of the site, or by deep linking (i.e. links to specific pages within the site). Where such pages are public pages, such use shall not require that any credentials are provided. Where such pages are protected by access control credentials, those linking shall be required to have registered with this Web Site and agreed to bound by all its Terms and Conditions, and shall undertake not to take any action or employ any method to bypass such access control credentials, nor to employ any screen-scraping or facsimile techniques to create unauthorised copies of such pages.

23.              Use of Communications Facilities

23.1          When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

23.1.1    You must not use obscene or vulgar language;

23.1.2    You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

23.1.3    You must not submit Content that is intended to promote or incite violence;

23.1.4    You must not make any solicitation for investment or provide any materials that constitute a financial promotion, public offering,  invitation to subscribe for securities, or are in any way in contravention of relevant securities regulations or financial conduct regulations in your jurisdiction, in England and Wales, or in the jurisdictions of any person or organisation to whom you grant access to such materials.

23.1.5    It is advised that submissions are made using the English as we may be unable to respond to enquiries submitted in any other languages;

23.1.6    The means by which you identify yourself must not violate these terms of use or any applicable laws;

23.1.7    You must not impersonate other people, particularly employees and representatives of Hedgehogs.net Limited or our affiliates; and

23.1.8    You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

23.2          You acknowledge that Hedgehogs.net Limited reserves the right to monitor any and all communications made to us or using our System.

24.              Submitting Material

24.1          Submissions of material to be sold on the Web Site are governed by our Material Submission Rules.

 

25.              Accounts

25.1          In order to purchase Material on this Web Site and to use the Forums, Blogs, Chat facilities, Messaging Facilities, Comment facilities, and Content Contribution facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

25.1.1    all information you submit is accurate and truthful;

25.1.2    you have permission to submit Payment Information where permission may be required; and

25.1.3    you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

25.2          It is recommended that you do not share your Account details, particularly your username and password.  Hedgehogs.net Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

25.3          If you have reason to believe that your Account details have been obtained by another without consent, you should contact Hedgehogs.net Limited immediately to suspend your Account.  Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.

25.4          When choosing your username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.

26.              Termination

26.1          Either Hedgehogs.net Limited or you may terminate your Account.  If Hedgehogs.net Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

26.2          If Hedgehogs.net Limited terminates your Account, you do not retain the right to use the Material purchased from us.

26.3          If you terminate your Account, you do not retain the right to use the Material purchased from us.

26.4          Hedgehogs.net Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and granting access to Material.

27.              Material, Pricing and Availability

27.1          Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from Hedgehogs.net Limited correspond to the actual Material, Hedgehogs.net Limited is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Material, not different Material altogether.  Please refer to Clause 13 for incorrect or faulty Material.

27.2          Where appropriate, you may be required to select the required size, quality, format, number and/or other features/attributes of the Material that you are purchasing.

27.3          Hedgehogs.net Limited does not represent or warrant that such Material will be available.  Material may be temporarily unavailable due to problems with the Service, maintenance or similar.  Alternatively, Material that is no longer available may remain referenced on the Web Site for a short time before removal.

27.4          All pricing information on the Web Site is correct at the time of going online.  Hedgehogs.net Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 

27.5          In the event that prices are changed during the period between an order being placed for Material and Hedgehogs.net Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

27.6          All prices on the Web Site do not include VAT or applicable Sales and Use Taxes.  Hedgehogs.net Limited’s VAT number is GB927 3150 32.

28.              Refunds Policy

Hedgehogs.net Limited aims to always provide high quality Material that is fault free.  On occasion however, Material may contain faults.  Refunds are governed by these Terms and Conditions:

28.1          These Terms and Conditions cover only faults that impair the use of the Material.  This includes, but is not limited to, data corruption.

28.2          These Terms and Conditions do not cover use difficulties arsing out of issues such as file incompatibility or minor mistakes in the Material itself such as spelling errors or graphical faults that do not result from data corruption.

28.3          If Material contains faults on download, you should inform Hedgehogs.net Limited immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material.  Any notification received outside of this time period is at the exclusive discretion of Hedgehogs.net Limited’s management.

28.4          If you change your mind and decide that you no longer require the Material you have purchased, refunds will be available at the exclusive discretion of Hedgehogs.net Limited’s management.

28.5          In the event that the incorrect Material is downloaded due to an error on the part of Hedgehogs.net Limited, you should inform us immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material.  Any notification received outside of this time period is at the exclusive discretion of Hedgehogs.net Limited’s management.

28.6          Where any refund is issued, you are required to delete and / or destroy any copies of the Material, electronic or otherwise.  Any other works into which the Material has been integrated must have the Material removed from them or, where this is not possible, be deleted and / or destroyed themselves.  Failure to do so will result in you being in breach of the Licence under which you purchased the Material.

28.7          If you wish to request a refund for any of the above reasons, please contact us using the details on support@hedgehogs.net to make the appropriate arrangements.

29.              Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

30.              Disclaimers

30.1          Subject to the Terms and Conditions above, Hedgehogs.net Limited makes no warranty or representation that the Web Site or the Material available for purchase will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

30.2          No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

30.3          No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

31.              Changes to the Service and these Terms and Conditions

Hedgehogs.net Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Hedgehogs.net Limited is required to make any changes to Terms and Conditions relating to sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

32.              Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Hedgehogs.net Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

33.              Limitation of Liability

33.1          To the maximum extent permitted by law, Hedgehogs.net Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

33.2          Whilst every effort is made to keep viruses and similar malicious software or code out of Content, Material, Systems and Services provided by Hedgehogs.net Limited, Hedgehogs.net Limited accepts no liability for any damage done by such elements.  Users bear the responsibility of ensuring adequate virus protection for their own systems and are advised to make regular and frequent back-ups.

33.3          Nothing in these Terms and Conditions excludes or restricts Hedgehogs.net Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Hedgehogs.net Limited.

33.4          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

34.              No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

35.              Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

36.              Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@hedgehogs.net.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

37.              Law and Jurisdiction

These terms and conditions and the relationship between you and Hedgehogs.net Limited shall be governed by and construed in accordance with the Law of England and Wales and Hedgehogs.net Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

 

TERMS AND CONDITIONS PERTAINING TO THE SUBMISSION OF MATERIALS BY USERS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Web Site and creator / owner of the Material that you wish to submit and Hedgehogs.net Limited, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your acceptance of these terms and conditions and your submission of the Material. If you do not agree to be bound by these terms and conditions, you should not submit any Material.

 

38.              Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“License”

means the terms and conditions governing the use of Material purchased from this Web Site;

“Material”

means Content that Hedgehogs.net Limited makes available for purchase by Users subject to the terms of the appropriate License;

Hedgehogs.net Limited

means Hedgehogs.net Limited, International House, 1-6 Yarmouth Place, London W1J 7BU;

System

means any online communications infrastructure that Hedgehogs.net Limited makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Hedgehogs.net Limited and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.hedgehogs.net) and any sub-domains of this site (e.g. subdomain.www.hedgehogs.net) unless expressly excluded by their own terms and conditions.

 

39.              Material Screening and Conformity

All Material will not be screened before it appears on the Web Site.  A list of content that we deem appropriate or inappropriate can be found withi the General Terms and Conditions.  If any Material you submit is deemed inappropriate you will be informed of our refusal and reasons for that refusal.  If you opt to alter the Material to ensure conformity with our content guidelines you may resubmit it.

40.              Intellectual Property

40.1          By submitting Material you warrant and represent that you are the author of such Material and that, where appropriate, you have acquired all of the appropriate rights and / or permissions to use the Material in this fashion under the terms of any applicable license. Hedgehogs.net Limited accepts no responsibility or liability for any infringement of third party rights by such Material.

40.2          You hereby authorise Hedgehogs.net Limited to be your non-exclusive agent licensing your Material to third parties.  Such distribution is based on the terms of Hedgehogs.net Limited’s standard Licence, except as explicitly varied on a case by case basis by separate agreement.

40.3          By submitting Material you expressly agree that Hedgehogs.net Limited may use your Material in the following ways:

40.3.1    for promotional purposes;

40.3.2    for distribution;

40.3.3    for publication; and:-

40.3.4    where contributed on a no-cost basis

a)                 For onward distribution under the terms of the applicable Creative Commons Attribution-Share Alike license, unless explicit alternative license terms have been explicitly agreed, or unless such explicit alternative licence terms have been attached to such materials and lodged within the metadata associated with such materials in the manner prescribed above, and that the terms of such alternative license has been explicitly approved by Hedgehogs.net Limited as being valid.

40.3.5    where contributed on a commercial basis

b)                 For onward distribution “as agent” under the terms of the applicable Hedgehogs.net Limited “Re-sale and Distribution Agreement”, and in accordance with the terms of the license associated with such Material and lodged within the metadata associated with such materials in the manner prescribed. 

41.              Commissions and Consideration

Where your Material is offered on a commercial basis, you are entitled to receive consideration from sales of your Materials to end-users at the rates described in the billing schedule associated with each license. Your agreement with such end-user shall be subject to compliance with the terms of the applicable Hedgehogs “Re-sale and Distribution Agreement” as agreed with yourself. Unless explicitly agreed to the contrary within the terms of such agreement, Hedgehogs.net Limited shall be entitled to re-sale commissions at the rate of 20% of the net invoice amount associated with such sales, accumulated and invoiced monthly. Unless agreed otherwise by separate agreement, Commissions will be invoiced separately and withheld from the balance of periodic payments made by Hedgehogs in respect of the accumulated balance of sales of your Materials and collected on your behalf.

42.              Termination

42.1          Either Hedgehogs.net Limited or you may terminate your Account.  If Hedgehogs.net Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

42.2          If Hedgehogs.net Limited terminates your Account, we immediately forfeit all rights to use your Material and your Material will be removed from the Web Site.  Any outstanding balances due, less applicable commissions, will be paid to you within one month following receipt of such amounts from the underlying end-user.

42.3          If you terminate your Account, all rights held by Hedgehogs.net Limited to use your Material are deemed revoked and your Material will be removed from the Web Site.  Any outstanding balances due, less applicable commissions, will be paid to you within one month following receipt of such amounts from the underlying end-user.

43.              Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

44.              Disclaimers

44.1          Hedgehogs.net Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

44.2          No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

45.              Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Hedgehogs.net Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

46.              Indemnity

You agree to indemnify, defend and hold harmless Hedgehogs.net Limited and, where appropriate, its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal costs and expenses, arising out of or related to a breach of these Terms and Conditions, the use of this Web Site, and the use or the inability of use of any Material, your failure to abide by any restriction relating to the use of Material, or any claim by a third party relating to the use of Material.

47.              Limitation of Liability

47.1          To the maximum extent permitted by law, Hedgehogs.net Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

47.2          Nothing in these terms and conditions excludes or restricts Hedgehogs.net Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Hedgehogs.net Limited.

47.3          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

48.              No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

49.              Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

50.              Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@hedgehogs.net .  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

51.              Law and Jurisdiction

These terms and conditions and the relationship between you and Hedgehogs.net Limited shall be governed by and construed in accordance with the Law of England and Wales and Hedgehogs.net Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

PRIVACY POLICY

 

BACKGROUND:

 

This Policy applies as between you, the User of this Web Site and Hedgehogs.net Limited the owner and provider of this Web Site.  This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

 

52.              Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie”

means a small text file placed on your computer by Hedgehogs.net Limited when you visit certain parts of this Web Site.  This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site.  Where e-commerce facilities are provided, Cookies may be used to store your Shopping Cart.  Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data”

means collectively all information that you submit to the Web Site.  This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

Hedgehogs.net Limited

means Hedgehogs.net Limited, International house, 1-6 Yarmouth Place, London W1J 7BU;

Service

means collectively any online facilities, tools, services or information that Hedgehogs.net Limited makes available through the Web Site either now or in the future;

System

means any online communications infrastructure that Hedgehogs.net Limited makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Hedgehogs.net Limited and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.hedgehogs.net ) and any sub-domains of this site (e.g. subdomain.www.hedgehogs.net ) unless expressly excluded by their own terms and conditions.



53.              Data Collected

Without limitation, any of the following Data may be collected:

53.1          name;

53.2          date of birth;

53.3          gender;

53.4          job title;

53.5          profession;

53.6          contact information such as email addresses and telephone numbers;

53.7          demographic information such as post code, preferences and interests;

53.8          financial information such as credit / debit card numbers;

53.9          IP address (automatically collected);

53.10      web browser type and version (automatically collected);

53.11      operating system (automatically collected);

53.12      a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and

53.13      Cookie information (see clause 10 below).

53.14      Geo-IP data designed to detect your current location



54.              Our Use of Data

54.1          Any personal Data you submit will be retained by Hedgehogs.net Limited for as long as you use the Services and Systems provided on the Web Site.  Data that you may submit through any communications System that we may provide may be retained for a longer period of up to seven years.

54.2          Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties.  This does not include our affiliates and / or other companies within our group.

54.3          All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.  For more details on security, see clause 9 below.

54.4          Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site.  Specifically, Data may be used by us for the following reasons:

54.4.1    internal record keeping

54.4.2    improvement of our products / services;

54.4.3    transmission by email of promotional materials that may be of interest to you;

54.4.4    contact for market research purposes which may be done using email, telephone, fax or mail.  Such information may be used to customise or update the Web Site.

55.              Third Party Web Sites and Services

Hedgehogs.net Limited may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing.  The providers of such services do not have access to certain personal Data provided by Users of this Web Site, EXCEPT in the instance of Payment Service Providers where such data is stored by such Payment Service Provider in the interests of further protecting the integrity and security of such data.  Any Data used by such parties is used only to the extent required by them to perform the services that Hedgehogs.net Limited requests.  Any use for other purposes is strictly prohibited.  Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

56.              Changes of Business Ownership and Control

56.1          Hedgehogs.net Limited may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties.  Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

56.2          In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes.  When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

 

57.              Controlling Access to your Data

57.1          Wherever you are required to submit Data, you will be given options to restrict our use of that Data.  This may include the following:

57.1.1    use of Data for direct marketing purposes; and

57.1.2    sharing Data with third parties.

58.              Your Right to Withhold Information

58.1          You may access certain areas of the Web Site without providing any Data at all.  However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.

58.2          You may restrict your internet browser’s use of Cookies.  For more information see clause 10.4 below. Should you elect to do so, certain capabilities of the Web Site may be rendered inoperable.

 

59.              Accessing your own Data

59.1          You may access your Account at any time to view or amend the Data.  You may need to modify or update your Data if your circumstances change.  Additional Data as to your marketing preferences may also be stored and you may change this at any time.

59.2          You have the right to ask for a copy of your personal Data on payment of a small fee in accordance with the provisions of the Data Protection Act 1998.

60.              Security

Data security is of great importance to Hedgehogs.net Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

61.              Cookies

61.1          Hedgehogs.net Limited may set and access Cookies on your computer.  Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.

61.2          A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites. 

61.3          You may delete Cookies, however you may lose any information that enables you to access the Web Site more quickly.

61.4          Certain capabilities of the Web Site may be rendered inoperable should you elect to disable cookies. Hedgehogs.net Limited shall have no obligation to restore such capabilities or to provide support in respect restoring such capabilities..

61.5          You can choose to enable or disable Cookies in your web browser.  By default, your browser will accept Cookies, however this can be altered.  For further details please consult the help menu in your browser.  Disabling Cookies may prevent you from using the full range of Services available on the Web Site.

62.              Changes to this Policy

Hedgehogs.net Limited reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.

 

Additional Conditions Applying to Users in Specific Countries:-

 

1.                  Federal Republic of Germany

 

Right of Revocation

 

If the User is a consumer (under Sec. 13 of the German Civil Code), he or she may revoke registration for Membership in writing (for example by letter, fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Membership in writing (e.g. by post, fax or eMail) within two (2) weeks without stating a reason, after changing from Free Membership to any Paid Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following

 

Address:

Hedgehogs.net Ltd

Attn: Membership Revocation

International House

1-6 Yarmouth Place

London W1J 7BU

Fax: +44 (0) 20 7491 7976

EMail: support@hedgehogs.net

 

In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Hedgehogs.net, then the User is obligated to reimburse Hedeghogs.net for the corresponding value. Each party must fulfil its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for Hedgehogs.net, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if Hedgehogs.net has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.

 

 

Schedule 1: Cookies

 

Name of Cookie

Purpose

Elgg

Domain: www.hedgehogs.net

Expires: Session

elggperm

Domain: www.hedgehogs.net,

Expires: 2 days after sign in