Website posting policy

This Website Posting Policy (“Posting Policy”) sets out the terms under which Evalueserve UK Limited will handle all contributions to our website [■] (inert website hyperlink) (“Website”) and any interactive services associated with it. The purpose of this Posting Policy is to provide guidance to all users with regard to submissions posted on the Website. By accessing, viewing and/or posting any content, material and/or information (“Submission”) on the Website, you accept the terms and conditions of this Posting Policy, which supplement our Website Terms of Use [■] (insert link to Website’s Terms and Conditions of Use). If you do not agree to the terms and conditions of this Posting Policy, you may not view or post any Submission on the Website. Your use of the Website is acceptance of this Posting Policy and has the same effect as if you had actually physically signed an agreement. [■] (insert Website hyperlink) is a site operated by Evalueserve UK Limited (Evalueserve, we or us).  We are registered in England and Wales under company number 06810791 and we have our registered office at Lewis House, Great Chesterford Court, Great Chesterford, Essex, CB19 1PF.  Our VAT number is 981423611.
  1. Prohibited Uses As a posting guest/user on the Website, you may use our Website only for lawful purposes. You will not
    1. violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive;
    2. transmit any Submission  (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another’s privacy, is hateful or racially, ethnically or otherwise objectionable as solely determined in Evalueserve’s discretion;
    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. transmit any Submission  (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    5. transmit any Submission (by uploading, posting, email or otherwise) that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
    6. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorised promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
    7. transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, Trojan horse, disabling code, or any other computer code, files or programs designed to interrupt, be harmful, destroy, disrupt or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or to share confidential pricing information of any party;
    9. post Submissions which contain any advertisements, spam or reference/links to other websites or any other form of commercial publicity;
    10. post material if it relates to a minor without consent of a parent or guardian;
    11. post material which is inaccurate or based solely on rumour or hearsay.
 
  1. Submissions must not:
  1. Contain any material which is defamatory of any person;
  2. Contain any personal information about other users;
  3. Contain any material which is obscene, offensive, hateful or inflammatory;
  4. Promote sexually explicit material;
  5. Promote violence;
  6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  7. Be sexist, racist, homophobic, offensive on the grounds of religion, nationality or demographic group;
  8. Be likely to prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
  9. Infringe any copyright, database right or trade mark of any other person;
  10. Be likely to deceive any person;
  11. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  12. Promote any illegal activity;
  13. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  14. Be likely to harass, bully, intimidate, upset, embarrass, alarm or annoy any other person;
  15. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  16. Be used for commercial purpose, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
  17. Imposes an unreasonable or disproportionately large load on the site servers, bandwidth or infrastructure;
  18. Falsely claim to be sponsored or endorsed by us;
  19. Give the impression that they emanate from us, if this is not the case;
  20. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
  21. Be offensive or in poor taste;
  22. Be needlessly repetitive or argumentative.
  23. Suspension and Termination:
  24. Whilst we do not monitor comments, we reserve the right to remove, refuse to publish, edit, cut, and/or crop any content you post on our Website that comes to our attention via a complaint or otherwise. Commenters who repeatedly flout this Posting Policy or our Website Terms of Use at [■] (insert TOU hyperlink) will be barred from posting comments on this Website.
 
  1. We will determine, in our absolute sole discretion, whether there has been a breach of this Posting Policy through your use of our Website. When a breach of this Posting Policy has occurred, we may take such action as we deem appropriate.
 
  1. Failure to comply with this Posting Policy constitutes a material breach of the Website Terms of Use [■] (insert TOU hyperlink) and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our Website.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
  • Issue of a warning to you.
  • The institution of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  1. We exclude liability for actions taken in response to breaches of this Posting Policy. The responses described in this Posting Policy are not limited, and we may take any other action we reasonably deem appropriate. We may disclose your Submissions and any other communications and activities in response to lawful requests by governmental authorities, judicial orders, warrants or subpoenas, or for the protection of our rights. In the event that we exercise any of our rights hereunder for any reason, we will have no liability whatsoever to you.
 
  1. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any Submission posted by you on the Website.
  2. Right to publish
  3. By posting Submissions, you grant to us the right to use, modify, reproduce, publicly perform, distribute, publish, publicly display such content and the right to create derivative works from your content, edit or modify such content and use such content for any reason. The license you grant to us is non-exclusive, royalty free and fully paid, sub-licensable, and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material.
 
  1. We respect intellectual property laws. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the license above.You represent that you have the right to post and share the material in your Submission, including (without limitation) trademarks and copyrighted material.
 
  1. By posting any material on this site you represent and warrant that: (i) you own the material posted by you or otherwise have the right to grant the license above, and (ii) the posting of the material does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or any other monies owing to any person by reason of any material posted by you.
 
  1. Do not post or submit any third party materials, unless you have first obtained consent from the owner of such materials. Your Submission cannot contain materials embodying the names, likenesses, photographs, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, other than yourself, without permission.
  2. Indemnity
  3. You agree to fully indemnity Evalueserve UK Limited in event of any legal proceedings being brought against Evalueserve UK Limited, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, in consequence of your posting a comment on the Website. For the avoidance of doubt, the indemnity you give to Evalueserve UK Limited is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of the Posting Policy, our Website Terms of Use [■] (insert TOU hyperlink), and/or applicable law.
  4. Content
  5. We are not responsible for and do not endorse the contents of user’s posts or warrant the accuracy, truthfulness, legality or reliability of user’s posts. You are entirely responsible for material which you post.
 
  1. Comments or opinions expressed on the Website are those of their respective contributors only. The views expressed on this Website do not represent or reflect the views of Evalueserve, its management, its affiliated companies, officers, directors or their employees. Evalueserve is not responsible for, and disclaims any liability in relation to, the Submission posted by contributors to the Website.
  2. Removal of Submissions
  3. Due to the real-time nature of the Website we cannot and are not required to review the contents of posted comments, nor do we confirm the validity of information submitted.
 
  1. Evalueserve UK Limited, hereby notifies you that it does not actively monitor users’ comments and, as such, is not responsible for and gives no warranty or representation in relation to users’ comments. You acknowledge that Evalueserve UK Limited has no obligation to pre-screen, monitor, review or edit any content posted by you and other users on this site. Users are encouraged to bring any comment they deem offensive or objectionable to the attention of the team by sending an email to the following email account [■] (insert email address) identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the comment removed.
  2. If you believe that any content on the Website contains a defamatory statement, please notify us immediately by sending an email to the following email account [■] (insert email address). Evalueserve UK Limited operates on a “notice and takedown” basis. Once this notification has been received, Evalueserve UK Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
 
  1. Evalueserve UK Limited assumes no responsibility for the deletion or the failure to store comments or other information posted on its site by you or other users of the Website.
 
  1. Personal Information
  2. Please remember that this Website is public. For your own safety, please do not post or submit any personal information about yourself or third parties (e.g. personal names, addresses, phone numbers, email addresses).
  3. Removal of Your Own Submissions
  4. If at any time you wish to request that Evalueserve remove any Submission that you have submitted, please submit your removal request to the following e-mail account [■] (insert email address), and clearly specify the content you wish to have removed. Please note we may need to contact you for further information regarding a removal, and as such by submitting a removal request you are authorizing Evalueserve to contact you about that request at the e-mail address from which your request originates. Evalueserve will make reasonable efforts to honour any removal request within ten (10) business days of receipt of such request.
  5. Changes to the Posting Policy
  6. Please note that we may change, modify, add to or delete portions of this Posting Policy at any time. The date of the most recently updated Posting Policy will appear at the top of the Posting Policy. However, please note that it is your responsibility to regularly review the Posting Policy of the Website. If you no longer accept this Posting Policy or any changes or variations to this Posting Policy you must cease using the Website. Your continued use of the Website is deemed to be acceptance of this Posting Policy and any changes thereto.