1 Welcome to the terms and conditions (the “Terms”) for Mesh Events Ltd (“Mesh”).
2 This website www.meshminds.com is the website of Mesh, a company registered in England and Wales, whose registered number is 05898203.
3 TheTerms govern your access to and use of the website and our services. In order to become a Mesh user, you must read and accept the Terms and the Data Protection and Privacy Policy. If you do not agree to be bound by the Terms, you may not use nor access our services.
4 Service Description
4.1 Mesh is an online service that allows like-minded people to collaborate on creative projects and network with one another (the “Service”).
5 Eligibility
5.1 The Service is not available to any users suspended or removed from the system by Mesh for any reason. Users may not have multiple active accounts.
6 User of Service
6.1 Your use of the Service is governed by the Terms. Mesh may refuse service without prior notice to any user for any or no reason.
6.2 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.
6.3 You acknowledge and accept that you must keep your password secure and secret at all times and take steps to prevent unauthorised use of your password. Mesh will not be liable for any loss or damage arising from your failure to comply with this section.
7 User Conduct
7.1 You agree not to use the Service or the website to:
• harvest or collect email addresses or other contact information of other users from the Service or the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
• use automated scripts to collect information from or otherwise interact with the Service or the website;
• upload, post, transmit, share, store or otherwise make available any content that Mesh deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, email or otherwise make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• upload, post, transmit, share, store or otherwise make publicly available on the website any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• upload, post, transmit, share, store or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
8 Material that you submit to the website
8.1 Where the facility is made available to you on the website, you may send material (including, without limitation, text, photographs or other images, audio material, films or other moving images) to Mesh for publication on various areas of the website. When you send any materials to Mesh for publication on the website, you do so in accordance with these Terms, in particular, the following:
8.1.1 you grant Mesh a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the website);
8.1.2 publication of any material you submit to Mesh will be at Mesh's sole discretion and Mesh reserves the right to edit or otherwise amend such materials prior to publication;
8.1.3 you agree that Mesh may (at its discretion) disclose your identity to any third party who is claiming that any material sent by you to the website is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in sections 8.1.4 or 8.1.5 below or otherwise is in breach of or violates any applicable law or regulation or code;
8.1.4 you warrant to Mesh that any material you submit to Mesh is your own original work and that you own the copyright and any other relevant rights;
8.1.5 you warrant that the material you submit is not: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code;
8.1.6 you acknowledge that any breach of the warranties set out in sections 8.1.4 or 8.1.5 above may cause Mesh damage or loss and you agree to indemnify Mesh in full and permanently on demand against any third party liabilities, claims, costs, loss or damage Mesh incur as a result of publishing material you submit to Mesh, including consequential losses; and
8.1.7 you waive any moral rights in all material you submit.
8.2 Whilst you acknowledge that Mesh does not necessarily pre-screen any material that you have submitted to the website, Mesh reserves the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
8.3 Notwithstanding the generality of section 8.2 above, Mesh reserves the right (but not the obligation) to monitor any communications that are made via the website and you now consent to any such monitoring.
9 Licence
9.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the website, including the organisation and layout of the website, and photographs and graphical images, are owned by or licensed to Mesh.
9.2 You may only access, print and download extracts from the website of emails from Mesh on the basis that you:
9.2.1 do not modify such extracts or emails;
9.2.2 use all material on the website or from emails for information and non commercial or personal use only. You may not separate graphics on the website nor emails from their accompanying text; and
9.2.3 display Mesh copyright notice in all copies.
9.3 No part of the website or of emails sent from Mesh may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Mesh 's prior written permission.
9.4 Mesh and Mesh Minds and Mesh Minds logo/device are registered trade marks of Mesh (the “Trademarks”). You are not permitted to use the Trademarks without the written permission of Mesh.
9.5 You may not frame, link or deep-link the website to any other website without Mesh’s prior written consent.
9.6 Any rights not expressly granted in the Terms are reserved.
10 Service Access
10.1 Whilst Mesh shall use its reasonable endeavours to ensure that the website is normally available at all times, Mesh will not be liable if for any reason the website is unavailable at any time or for any period.
10.2 Access to the website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair or for reasons beyond the control of Mesh.
11 Indemnification
11.1 By accepting the Terms, you agree to indemnify and otherwise hold harmless Mesh, its officers, employees, agents, and other partners from any costs, losses, damages and expenses resulting from: i) your use of the Service; ii) unauthorised access to or alteration of your communications with or through the Service; or iii) any other matter relating to the Service.
11.2 Access to the website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair or for reasons beyond the control of Mesh.
12 Disclaimer of Warranties
12.1 You understand and agree that the Service is provided on an “as is” and “as available” basis and that Mesh does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between its members. Mesh assumes no responsibility for the accuracy or existence of any communications between users. Mesh expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for purpose and non-infringement.
12.2 No advice or information, whether oral or written, obtained by you from Mesh or through or from the Service shall create any warranty not expressly stated in the Terms.
12.2 Mesh makes no warranty that:
12.2.1 The Service will be uninterrupted, timely, secure or error-free;
12.2.2 The results that may be obtained from use of the Service will be accurate or reliable;
12.2.3 The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and
12.2.4 Any errors in the software will be corrected
13 Liability
13.1 The website contains general information only. Nothing in these pages constitutes advice, and you should take appropriate professional advice on your particular circumstances as the application of the information within the website will vary depending on particular circumstances.
13.2 You should neither act, nor refrain from action, on the basis of the information, methodologies, instructions and ideas contained on the website or in email correspondence with Mesh.
13.3 Mesh shall use its reasonable endeavours to ensure that the content of the website and of email correspondence sent from Mesh is correct. However, Mesh makes no representations or warranties as to the accuracy of the content of the website and/or its email correspondence (including, without limitation, any representation or warranty as to the quality, accuracy, completeness or fitness for any particular purpose of such content).
13.4 Mesh expressly disclaims, to the maximum extent allowed by applicable law, all liability howsoever arising occasioned from the use of or inability to use the website or from Mesh's email correspondence, for any loss or damages including (without limitation):
13.4.1 increased business cost, loss of profit, loss of data, loss of revenue, loss of use, loss of contract, loss of goodwill or business opportunities or anticipated savings or benefits; or
13.4.2 for any type of direct, indirect, special or consequential loss even if that loss or damage was reasonably foreseeable or Mesh was aware of the possibility of that loss or damage arising.
13.5 Nothing in the Terms shall exclude Mesh’s liability for death or personal injury resulting from its negligence.
14 Computer Viruses
Whilst Mesh uses reasonable endeavours to protect this website from computer viruses, worms, and Trojan Horses (the “Viruses”), Mesh does not warrant that the website is free from Viruses and accepts no liability for any damage that may result from the transmission of Viruses via the website or via any files which are available for you to download from the website.
15 Data Protection and Privacy Policy
Please refer to our Data Protection and Privacy Policy which is part of the Terms and contains provisions applicable to the use of personal data.
16 General
16.1 In the event of any inconsistency between the Terms and Data Protection and Privacy Policy, the Terms shall take precedence.
16.2 Mesh reserves the right, at its discretion, to make changes to any part of the website or the Terms. Should the Terms be amended, Mesh will publish details of the amendment on the website. By continuing to use the website you agree to be bound by the Terms as amended.
16.3 If the Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under English law, then to the extent that they are so illegal, invalid or unenforceable, they be treated as severed and deleted from the Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
16.4 The Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English courts.
16.5 If you have any enquiries or complaints regarding the website please contact Mesh Support on mesh@meshminds.com.
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