Terms & conditions


AGREEMENT BETWEEN USER AND CommonTime

The CommonTime Web Site is comprised of various Web pages operated by CommonTime.

The CommonTime Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CommonTime Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these terms of use please refrain from using the CommonTime website.

INFORMATION ABOUT US

www.commontime.com is a site operated by CommonTime Ltd (CommonTime). CommonTime is a limited company registered in England and Wales under company number 03133149 and has its registered office at 15 St Christopher's Way, Pride Park, Derby DE24 8JY which is also its main trading address. Our VAT number is 666156133.

MODIFICATION OF THESE TERMS OF USE

CommonTime reserves the right to change the terms, conditions, and notices under which the CommonTime Web Site is offered, including but not limited to the charges associated with the use of the CommonTime Web Site. You are expected to check this page from time to time to take notice of any changes, as they are binding on you.

LINKS TO THIRD PARTY SITES

The CommonTime Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CommonTime and CommonTime is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CommonTime is not responsible for webcasting or any other form of transmission received from any Linked Site. CommonTime is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CommonTime of the site or any association with its operators.

LINKS FROM THIRD PARTY SITES

You may link to the CommonTime home page, provided you do so in a way that is fair and legal and does not damage CommonTime's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on CommonTime's part where none exists. You must not establish a link from any website that is not owned by you. The CommonTime website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CommonTime Web Site, you warrant to CommonTime that you will not use the CommonTime Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CommonTime Web Site in any manner which could damage, disable, overburden, or impair the CommonTime Web Site or interfere with any other party's use and enjoyment of the CommonTime Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CommonTime Web Sites.

USE OF COMMUNICATION SERVICES

The CommonTime Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, offensive, hateful, deceitful or unlawful topic, name, material or information.
  • Promote sexually explicit material, violence, discrimination on grounds of race, sex, religion, nationality, disability, sexual orientation or age, or promote, advocate or assist any illegal activity.
  • Upload files or post any material that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Do anything which breaches any legal duty owed to a third party such as breach of contractual duty or duty of confidence.
  • Impersonate any person or misrepresent your identity or affiliation with any person or give the impression that you represent CommonTime.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations in the UK and any country which you use the Communication Services from.

CommonTime has no obligation to monitor the Communication Services. However, CommonTime reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CommonTime reserves the right to suspend or terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever and CommonTime excludes liability for any action taken in response to any breaches of these terms and conditions.

CommonTime reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CommonTime's sole discretion.

The use of any Communication Service by a minor is subject to the consent of their parent or guardian. Minors using any Communication Service should be made aware of the potential risks to them.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CommonTime does not control or endorse the content, messages or information found in any Communication Service and, therefore, CommonTime specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CommonTime spokespersons, and their views do not necessarily reflect those of CommonTime.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the CommonTime website 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.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. CommonTime will report any such breach to the relevant law enforcement authorities and CommonTime will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the CommonTime site will cease immediately.

MATERIALS PROVIDED TO CommonTime OR POSTED AT ANY CommonTime WEB SITE

CommonTime does not claim ownership of the materials you provide to CommonTime (including feedback and suggestions) or post, upload, input or submit to any CommonTime Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CommonTime, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CommonTime is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CommonTime's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CommonTime WEB SITE MAY INCLUDE INACCURACIES, OUT OF DATE INFORMATION OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CommonTime AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CommonTime WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE CommonTime WEB SITE IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED, AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CommonTime THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO OUR SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

CommonTime AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CommonTime WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY, GUARANTEE OR CONDITION OF ANY KIND. CommonTime AND/OR ITS SUPPLIERS HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CommonTime AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, INCOME, BUSINESS, GOODWILL OR WASTED TIME ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CommonTime WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CommonTime WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CommonTime WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CommonTime WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CommonTime OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CommonTime WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CommonTime WEB SITE.

THIS DOES NOT AFFECT CommonTime's LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SERVICE CONTACT : webmaster@commontime.com

TERMINATION/ACCESS RESTRICTION

CommonTime reserves the right, in its sole discretion, to suspend or terminate your access to the CommonTime Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by English law and you hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the CommonTime Web Site. Use of the CommonTime Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CommonTime as a result of this agreement or use of the CommonTime Web Site. CommonTime's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CommonTime's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CommonTime Web Site or information provided to or gathered by CommonTime with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CommonTime with respect to the CommonTime Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CommonTime with respect to the CommonTime Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

CommonTime is the owner or the licensee of all intellectual property rights in the CommonTime website, and in the material published on it. Those works are protected by copyright laws and treaties around the world, and all contents of the CommonTime Web Site are: Copyright 2005 CommonTime Limited and/or its suppliers. All rights reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
CommonTime's status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, reproduce, duplicate or re-sell any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved. CommonTime and mNotes are UK registered trademarks of CommonTime Ltd.