Legal

Terms of Use

16 August 2011

Welcome to Caydoo.com.  Caydoo.com is a social networking website on which individuals, organisations and businesses can meet and share ideas about sustainable living.  To ensure Caydoo.com is a safe environment, all members and users must comply with these terms of use.

These Terms of Use (“Terms”) govern your use of www.caydoo.com (the “Site”).  Caydoo Limited is a company registered in England and Wales with registration number 07367846 and its registered office is at 16 Maddox Street, London, W1S 1PH. In these Terms Caydoo Limited is referred to us “We”, “Us”, or “Our“. When these Terms say “you” or “your” that is a reference to the individual, organisation or business using the Site.

We provide the Site as a service to you. By accessing and/or using the Site you agree to comply with and be bound by these Terms.

To protect you We need to set out clearly how everyone may use the Site. These Terms therefore include Our code of conduct in paragraph 4 (“Code of Conduct“), which sets rules covering your use of the Site, and Our Privacy Policy, which tells you how We protect and use your personal information.

Please read these Terms carefully as they create a legally binding agreement and contain important information about your legal rights and obligations. In particular, We draw your attention to paragraph 12 (Legal Disclaimer), 13 (Disclaimer of Warranties), 14 (Limitation of Liability) and 15 (Indemnity). Some sections of the Site may be subject to additional terms of use and you must agree to those terms before using those sections.

Please note that we work with selected organisations and individuals (“Partners“) to provide information about products and services which may be relevant to Our members and We may provide links on Our Site to Our Partners’ websites for your convenience.  Where you access a Partner or other third party site by following a link you accept that you will be subject to the terms and conditions of that site.

1                Accessing the Site

1.1             You may not use the Site if you are under 18 years old or unable to form legally binding contracts. By using the Site you confirm you are over 18. 

1.2             The Site includes interactive areas in which users may create, upload, store and edit podcasts, articles, commentary, events and/or post communications on message boards, forums, groups and/or blogs (“Caydoo Interactive Areas”).

1.3             You may access the Site at any time to browse certain areas of the Site including the home page and some of the Caydoo Interactive Areas. To create a safe environment for users, if you wish to use all the services provided by Us on the Site, access all the Caydoo Interactive Areas, view the profiles of other members, interact with other users, or sign up to receive Our newsletter you must set up a membership account and register a user name and password.

1.4             When you are a registered member of the Site you may create a personal profile. You may upload commentary, [podcasts], blogs, articles, and other information to your personal profile. While the Site does not allow you to upload photographs and videos to your personal profile, you may provide links from your personal profile to your account on other sites for the purposes of sharing your photographs and videos. If you connect to third party sites from your personal profile, group or event you accept that you will be subject to the terms and conditions of those sites and agree to be bound by those terms.

2                Membership

2.1             To become a member you must complete an online registration form and provide Us with all the information in the required fields (your “Registration Data”). On initial log in you will also be required to provide responses to security questions.  If you want to view the Registration Data which you will be asked to provide, you can email us directly on live@caydoo.com and we’ll get back to you. Please review the Privacy Policy for information on how We collect, protect and use your personal information. The Privacy Policy forms part of these Terms.

2.2             All Registration Data must be valid and complete and you must include an email address, postcode and contact details. If you do not provide all required Registration Data, or the Registration Data provided is not valid or is incomplete, We may refuse to activate your membership account while We try to verify your information.

2.3             By submitting your Registration Data you consent to Us taking any steps which We consider to be necessary to verify such information. We may verify all Registration Data provided by you prior to activating your membership account.

2.4             If We consider that any Registration Data is incorrect or that the registration is deliberately false or mis-leading, We may refuse to grant membership to you or, if membership has already been granted, We may terminate your membership.

2.5             You are responsible for keeping your Registration Data accurate and up to date.

2.6             When registering as a member of the Site you will be asked to create a user name.  We reserve the right to change the user name which you have selected and allocate a new user name to you if the user name you select (or any part of it) is the business name, trading name, registered or unregistered trade mark of a third party or otherwise is in breach of these Terms.  After changing your user name We may allocate the original user name to another member.

2.7             You are responsible for maintaining the confidentiality of your registration and for all uses of your registration, whether or not authorised by you. If you think that somebody else knows your registration you must tell Us immediately so that We can change your account details. Please contact Us by emailing Us at live@caydoo.com if you believe your registration is no longer secure.

2.8             To protect the integrity of the Site and for your safety and the safety of Our members, We reserve the right at any time to block your registration and restrict your access to the Site where you are in breach of these Terms or where We suspect that your registration is no longer secure.

2.9             We may cancel any membership accounts which are inactive for 3 months or more.

2.10           You may not transfer or sell your account, username or password to any other person without Our consent.

2.11           If We terminate or suspend your account you shall not create another account without Our permission.

2.12           You may not use the Site if access to your membership account has been suspended, terminated or blocked.

2.13           You may close your account at any time by deleting your account.

3                Content on the Site

3.1             The Site has been designed to enable members of the Site to share information and ideas and to interact.  We therefore encourage members to post information on the Site.  Before uploading any material onto the Site, please read and ensure that you have complied with this paragraph 3.

3.2             You alone are responsible for:

3.2.1                   the content and accuracy of any materials uploaded, published or displayed on the Site by you (“posted”) including on your profile and the Caydoo Interactive Areas (“User Content”);

3.2.2                   authorising such User Content to be made available to visitors and other members; and

3.2.3                   the consequences of any such communications.

3.3             We will not be responsible, or liable to any third party for any User Content posted by you on the Site.

3.4             You control who views your User Content.  By posting User Content on the Caydoo Interactive Areas and/or your profile you understand that such content may be viewed and associated with you by everyone including visitors to the Site who are not members. Please ensure that you are comfortable with this prior to posting User Content on the Site.

3.5             You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Site will violate or infringe:

3.5.1                   the rights of any third party including, without limitation, copyright, trade mark, privacy, publicity or other personal or proprietary rights; or

3.5.2                   Our Code of Conduct.

3.6             Whenever you make use of a feature that allows you to post User Content to the Site, or to make contact with other members, you must comply with the standards set out in the Code of Conduct. You will reimburse Us for any losses, expenses or liabilities We incur as a result of you failing to comply with the Code of Conduct.

3.7             You are only permitted to post material on to the Site that you have created or which you have permission to post. You confirm to Us that:

3.7.1                   you own the User Content posted by you or otherwise have the right to sub-license such User Content to Us on the terms set out in these Terms;

3.7.2                   the posting of User Content on or through the Site does not violate any applicable laws;

3.7.3                   if User Content posted by you contains information relating to another person, you have the consent of that person for the information to be posted on the Site; and

3.7.4                   you acknowledge that you are responsible for determining the purposes for which information relating to other people contained in User Content posted by you is used.

3.8             By submitting User Content to your profile or any Caydoo Interactive Area, including message boards, forums, and blogs or anywhere else on the Site you grant Us a royalty-free, worldwide, non-exclusive right and licence to:

3.8.1                   make copies of the User Content to facilitate the posting and storage of the User Content on the Site;

3.8.2                   adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) on or through the Site worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and

3.8.3                   use, modify, delete from or add to such User Content for any purpose in connection with the Site.

3.9             The licence granted in paragraph 3.8 ends when you delete your User Content or your account unless your User Content has been shared with others and they have not deleted it.  You understand that any User Content deleted by you may exist in a back up copy for a reasonable period of time.

3.10           You agree that your User Content will be made available to other members and visitors without compensation to you.  You hereby grant each member and visitor a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to use, reproduce, distribute, prepare derivative works of and display your User Content for any purpose in connection with the Site.

3.11           We do not claim any ownership rights in User Content. Subject to paragraphs 3.9 and 3.10 You will retain full ownership of all User Content posted by you on the Site.

3.12           You are responsible for making back-up copies of User Content that you post to the Site. We are not liable for any loss of or damage to User Content.

3.13           We have the right to disclose your identity to any third party who is claiming that any User Content posted to the Site by you constitutes a violation of their intellectual property rights, or of their right to privacy.

3.14           You agree that when you provide information to Us through the Site, all that information will be true, accurate and complete in all respects and you agree to update Us if the information you have provided changes in any way.

4                Code of Conduct

To ensure that the Site creates a safe environment for all of Our members and all users, We have developed a Code of Conduct which all members and users of the Site must follow when posting User Content on the Site.  This paragraph 4 sets out the rules which govern the posting of User Content to the Site and interaction with other members and visitors through the Site. When you use the Site you agree to abide by this Code of Conduct.

Prohibited Content

4.1             You must not post content that in Our sole opinion:

  • is obscene or sexually explicit;
  • denotes graphic or gratuitous violence;
  • makes threats of any kind or that intimidates, harasses, or bullies anyone;
  • is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;
  • is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;
  • contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;
  • encourages conduct that would violate or violates any law or advocates illegal activity;
  • promotes or glorifies hatred, violence, racial or religious intolerance or organisations with such views;
  • is inappropriate for minors;
  • harms anyone, including minors;
  • posts for sale or advertises for sale any goods/services without Our permission;
  • contains restricted or password only access pages or hidden pages or images;
  • promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in your country; or
  • provides a link to any of the above.

Prohibited Activities

4.2             You must use the Site for lawful purposes.  When using the Site or any services available through the Site, you must not:

  • use the Site in any way that breaches these Terms;
    • post any information (including photographs and videos) relating to another person without that person’s consent;
    • harvest or collect email addresses or other contact information from other members or visitors for the purposes of sending unsolicited emails or other unsolicited communications;
    • send or make available any unsolicited or unauthorised advertising, promotional materials, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
    • use the Site in any unlawful manner or in any way that could damage, disable, overburden or impair the Site;
    • use automated scripts to collect information from or otherwise interact with the Site;
    • register as more than one member or register as a member on behalf of another person or organisation;
    • impersonate any person or entity or misrepresent yourself in any way;
    • use or attempt to use another person’s registration or create a false identity on the Site;
    • abuse, threaten, intimidate or harass anybody;
    • engage in any predatory or stalking conduct;
    • use the Site for any illegal or unauthorised purpose;
    • circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of the Site;
    • use the Site to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site; or any equipment or network or software owned or used by any third party; or
    • to copy, download, modify or distribute rights or content from the Site, including Our services, Our intellectual property rights (including copyright and trade marks) or the intellectual property rights of Our members other than as permitted by these Terms.

User Content

4.3             User Content which you post on the Site must:

  • be accurate (where facts are stated);
  • be genuinely held (where opinions are stated);
  • comply with applicable laws in the UK and any country in which it is posted.

4.4             Breaching this Code of Conduct is a material breach of these Terms.  We reserve the right to delete from the Site any postings of User Content that violate the terms of this paragraph 4 and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any breach of this Code of Conduct.  We may also terminate your registration as a member and block your access to the Site.

5                No Monitoring or Moderation

5.1             Please note that we will not monitor or moderate the User Content on the Site, as it is your responsibility to ensure that your User Content complies with these Terms.

6                Abuse Notifications

6.1             To ensure that all members and users of the Site have access to a way of reporting User Content which threatens the integrity of the Site, is unlawful or infringes another’s privacy, intellectual property or other rights, We have put in place the following abuse notification procedure.  If you believe that any content on the Site infringes another’s privacy, intellectual property or other rights, or is otherwise contrary to these Terms, you may send a written notification of that alleged unlawful content (“Unlawful Content“) to Us by following the procedure set out below:

  • you may contact Us with a written notification that identifies, in sufficient detail, the Unlawful Content so that We can locate the Unlawful Content;
  • please identify the URL or other specific location on the Site that contains the Unlawful Content;
  • please state why you believe the content to be Unlawful Content and, in the case of content that is alleged to infringe intellectual property rights, you must state the owner of that intellectual property;
  • please provide Us with any assistance We may reasonably require in order to investigate your notification (We will not cover any costs or expenses incurred by you when doing so);
  • please include a statement from you that you have a good faith belief that the content is Unlawful Content and that the information you have provided in your notification is true, accurate and complete in all respects;
  • please provide Us with your name, address, telephone number and email address; and
  • please submit your notification to Us by emailing Us at live@caydoo.com.

6.2             You will also reimburse Us for any costs, claims, expenses, losses or other liabilities We may incur as a result of you misrepresenting content as Unlawful Content.

6.3             We reserve the right to remove or disable access to Unlawful Content at any time without notice.  We reserve the right to terminate the account of any person found to have posted Unlawful Content.

7                Privacy Policy

7.1             Our Privacy Policy can be found by following this link or clicking the Privacy Policy link on the Site.

7.2             We are committed to ensuring that your personal information is used properly and is kept securely.  We use technical and organisational security measures in order to protect the data We have under Our control against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons.

7.3             By submitting personal information to the Site during a visit to the Site, you are consenting to the processing of your personal information and your User Content by Us and Our agents in accordance with Our Privacy Policy.

8                Our Intellectual Property

8.1             As between you and Us, We are the owner of all intellectual property rights in the Site (for the avoidance of doubt, this does not include the intellectual property rights in any User Content). All such rights are reserved.

8.2             You are granted a limited licence to access and use the Site and the Site content for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.

8.3             The content of the Site may not be distributed, modified, reproduced in whole or in part without Our prior written permission, except that you are permitted to reproduce and display the content of the Site (excluding any software code) solely for your personal use in connection with accessing the Site, creating your profile and participating in the Caydoo Interactive Areas.

8.4             “Caydoo” and any other marks used on the Site are Our trade marks or third party trade marks we are licensed to use and may not be used without Our prior written permission. You may not use any meta tags or any other hidden text using Our names or trade marks without Our prior written permission.

9                Groups

9.1             The Site enables Our members and Partners to set up specialist groups where members with a common interest may share ideas and enter into discussions.  Only members who are accepted as members of a group will have access to that group.  By joining a group you agree to be bound by any additional terms and conditions which relate to the group.

9.2             Members which set up and operate groups on the Site must ensure that the group, and any User Content posted on the group’s personal profile, complies with these Terms including, without limitation, the Code of Conduct.

10              Events

10.1           The Site enables Our members and Partners to set up specialist events inviting members with a common interest to meet with each other.  If you wish to use the Site to create an event you must ensure that the details of the event posted on the Site and any promotion of the event on the Site including invitations to the event which are sent to Our members comply with these Terms including, without limitation, the Code of Conduct.

10.2           If you attend an event organised by one of Our members, or which you become aware of through Our Site, you agree that you do so at your own risk and that We are not responsible for the event, the premises or location at which the event is held, the nature of the event, the event organisers or other attendees and you are solely responsible for ensuring that the event is safe to attend, legal and suitable for your purposes prior to attending.

11              Featured Peers

11.1           The Site enables Us and Our members to select other members of the Site to be displayed on the home page or Caydoo Interactive Areas as “featured peers”.  We will always seek consent of a member prior to displaying them or any information about them as a featured peer on the Site. If you grant Us consent to use your profile, or any information about you, within the featured peer function you understand that information about you, including your name, photograph, location and a description of your ideas, beliefs and activities in the context of the Site will be available to be viewed by all users of the Site including users who have not registered as members and you consent to Us using such information in this way.

12              Legal disclaimer

12.1           User Content, content, commentary, contributions, advertisements, promotions, special offers, advertising banners, information provided through groups, podcasts, blogs and discussions and any other materials posted on the Site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or any member or visitor to the Site or any third party or by anyone who may be informed of any such material.  We do not warrant that We will verify the accuracy or completeness of any User Content, content, advertising, commentary, contributions or any other materials posted on the Site. 

12.2           You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.  We are not responsible for any errors or omissions, or for the results obtained from the use of such information.

12.3           Mention of third party services, events, Partners, goods and services offered by Partners, companies and sites on the Site (including special offers which are available only to Our members through the Site) and other advertisements on the Site are for information purposes only and constitute neither an endorsement nor a recommendation by Us.

13              Disclaimer of Warranties

13.1           You expressly agree that your use of the Site, including use of the Site to take advantage of special offers available to members, join groups, set up and respond to events, link to Our Partners’ or third party sites or to take up goods and services advertised on the Site, is at your own risk.

13.2           We make no warranty that the Site will be uninterrupted, secure or error free. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time We may suspend or restrict access to the Site in order to carry out repairs, maintenance or to introduce new facilities. 

14              Limitation of Liability

14.1           While We have taken care in preparing the contents of the Site, We shall not be liable for any loss or damage arising out of or in connection with your use of the Site including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss or corruption of data or damage to reputation resulting from (a) your use or your inability to use the Site or (b) any transmissions received through the Site or as a result of your use of the Site or (c) any reliance placed on any information found or content posted on the Site or (d) unauthorised access to or alteration of your transmissions or data.

14.2           Nothing in these Terms shall operate to limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud (including, but not limited to, fraudulent misrepresentation) or for that which cannot lawfully be excluded.

15              Indemnification

15.1           You agree to indemnify Us and keep Us indemnified from and against all costs, claims, expenses (including reasonable legal and professional fees and expenses), losses, damages and other liabilities suffered or incurred by Us and arising out of or in connection with your use of the Site, or any breach of these Terms or Our Privacy Policy by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity save to the extent that any such costs, expenses, losses, damages or other liabilities were caused or contributed to by any negligence or breach of these Terms by Us.

16              Termination

16.1           We may, at Our sole discretion, immediately and without notice to you suspend or terminate (i) these Terms and/or (ii) Your registration or ability to access the Site and/or any other service provided to you by Us upon any breach by you of these Terms.

16.2           We may terminate your registration as a member at any time for any or no reason, without prior notice or explanation and without liability.

16.3           If your registration as a member is terminated (whether by you or by Us), these Terms will remain in effect.

17              Links; Third Party Services; Promotional Messages

17.1           As a convenience to Our members, We may provide links to third-party web sites and We also permit you to link to third-party websites from your personal profile, group or event.

17.2           The linked sites are not under Our control, and We make no representations as to the quality, suitability, functionality or legality of any sites to which We may provide links or to which you link to. We accept no responsibility for these sites or for any loss or damage that may arise from your use of them.

18              Viruses, Hacking and Other Offences

18.1           You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. you must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.  You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

18.2           We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Site linked to it.

19              Waiver

19.1           No delay or failure of Us to insist upon or enforce performance of any provision of the Terms or to exercise any right under the Terms will be deemed to be a waiver or in any way prejudice Our rights under these Terms.

20              Assignment

20.1           You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under these Terms without Our prior written consent.

20.2           We may at any time and without seeking your consent assign or sub-contract Our rights and obligations under these Terms to a third party (the “Transferee”). On condition that the Transferee undertakes for your benefit to perform with effect from the date of assignment all of Our obligations under these Terms, you shall accept such performance and shall release Us from any and all obligations and liability under these Terms arising on or after the date of assignment.

21              Severance

21.1           If any provision in these Terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these Terms not affected by such invalidity or unenforceability shall remain in full force and effect.

22              Responsibilities for Non UK Residents

22.1           This Site and the content and information on this Site including (but not limited to) User Content, may be contrary to the local laws and regulations of another jurisdiction or country. Members and visitors who are not residents in the United Kingdom and who access this Site should inform themselves and observe any restrictions imposed by such local laws and regulations. If you do not know or are in doubt as to whether this Site can be lawfully accessed and used by you, you must not use the Site for any purpose.

23              Jurisdiction and Governing Law

23.1           These Terms shall be governed by and construed in accordance with the laws of England and Wales.

23.2           You agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms and that accordingly any proceedings in respect of any such dispute may be brought in such courts. Nothing in this clause shall limit Our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings by Us in any one or more jurisdictions preclude the taking of proceedings by Us in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

24              Changes to these Terms

24.1           We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

25              Changes to the Site

25.1           We may revise or amend the Site and the services provided from the Site at any time without notice to you.

26              Contact Us

26.1           If you have any questions about these Terms please contact Us by emailing Us at live@caydoo.com.

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