Terms of Service
1. Your relationship with Betacular
1.1 Your use of Betacular?s products, software, services and web sites (referred to collectively as the ?Services? in this document and excluding any services provided to you by Betacular under a separate written agreement) is subject to the terms of a legal agreement between you and Betacular. ?Betacular? means Betacular Ltd, whose principal place of business is at 145-157 St John Street, London EC1V 4PW, United Kingdom. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Betacular, your agreement with Betacular will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the ?Universal Terms?.
1.3 Your agreement with Betacular will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the ?Additional Terms?. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Betacular in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the ?Terms?.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Betacular in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Betacular will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Betacular, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Betacular has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Betacular.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Betacular
4.1 Betacular is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Betacular provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Betacular may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Betacular?s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Betacular when you stop using the Services.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Betacular will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Betacular, unless you have been specifically allowed to do so in a separate agreement with Betacular.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Betacular, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Betacular has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Betacular may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Betacular for all activities that occur under your account.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Betacular?s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the ?Content?.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services, may be protected by intellectual property rights which are owned by the suppliers or advertisers who provide that Content to Betacular (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Betacular or by the owners of that Content, in a separate agreement.
8.3 You agree that you are solely responsible for (and that Betacular has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Betacular may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Betacular (or Betacular?s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Betacular and that you shall not disclose such information without Betacular?s prior written consent.
9.2 Unless you have agreed otherwise in writing with Betacular, nothing in the Terms gives you a right to use any of Betacular?s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Betacular, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorised to do so in writing by Betacular, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Betacular
10.1 Betacular gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Betacular as part of the Services as provided to you by Betacular (referred to as the ?Software? below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Betacular, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Betacular, in writing.
10.3 Unless Betacular has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from Betacular. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Betacular to deliver these to you) as part of your use of the Services.
12. Ending your relationship with Betacular
12.1 The Terms will continue to apply until terminated by either you or Betacular as set out below.
12.2 If you want to terminate your legal agreement with Betacular, you may do so by (a) notifying Betacular at any time and (b) closing your accounts for all of the Services which you use, where Betacular has made this option available to you. Your notice should be sent, in writing, to Betacular?s address which is set out at the beginning of these Terms.
12.3 Betacular may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Betacular is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Betacular offered the Services to you has terminated its relationship with Betacular or ceased to offer the Services to you; or
(D) Betacular is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Betacular is, in Betacular?s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect Betacular?s rights regarding provision of Services under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Betacular have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1 The Services are provided ?as is? and Betacular, its Affiliates and its licensors give you no warranty with respect to them.
13.2 In particular, Betacular, its Affiliates and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14. Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit Betacular?s liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to overall provision in paragraph 14.1 above, Betacular, its Affiliates and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of capital or profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which Betacular may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide Betacular with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
14.3 The limitations on Betacular?s liability to you in paragraph 14.2 above shall apply whether or not Betacular has been advised of or should have been aware of the possibility of any such losses arising.
15.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
15.2 The manner, mode and extent of advertising by Betacular on the Services are subject to change without specific notice to you.
15.3 In consideration for Betacular granting you access to and use of the Services, you agree that Betacular may place such advertising on the Services.
16. Other content
16.1 The Services may include hyperlinks to other web sites or content or resources. Betacular may have no control over any web sites or resources which are provided by companies or persons other than Betacular.
16.2 You acknowledge and agree that Betacular is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that Betacular is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 Betacular may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Betacular will make a new copy of the Universal Terms available at http://betacular.com/tos/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Betacular will treat your use as acceptance of the updated Universal Terms or Additional Terms.
18. General legal terms
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2 The Terms constitute the whole legal agreement between you and Betacular and govern your use of the Services (but excluding any services which Betacular may provide to you under a separate written agreement), and completely replace any prior agreements between you and Betacular in relation to the Services.
18.3 You agree that Betacular may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if Betacular does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Betacular has the benefit of under any applicable law), this will not be taken to be a formal waiver of Betacular?s rights and that those rights or remedies will still be available to Betacular.
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.6 The Terms, and your relationship with Betacular under the Terms, shall be governed by English law. You and Betacular agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Betacular shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
December 27, 2010