Traidcraft (which includes Traidcraft plc and its linked charity Traidcraft Exchange, referred to herein as ”we”, ”us”, or ”Traidcraft”) welcomes you to the Traidcraft Traidcraft InterActive website (”Traidcraft InterActive Site”), an online community for Traidcraft supporters who want to help us go the distance in “fighting poverty through trade”.
1.2 This Agreement is legally binding and sets out the terms on which you may use the Traidcraft InterActive Site and register to participate in the Service (become a “Member”). By using the Traidcraft InterActive Site or registering as a Member you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, please leave the Traidcraft InterActive Site immediately.
1.4 This Agreement may be modified by Traidcraft at any time without prior notice. Such modifications will become effective when posted by Traidcraft on the Traidcraft InterActive Site.
2.1 To register as a Member of the Traidcraft InterActive Site, you must be 18 or over or if you are younger, you must have parental consent. Please note that all minors are encouraged to discuss this Agreement with their parents or legal guardians before they attempt to register.
2.2 Traidcraft encourages Members under the age of 16 to participate only in youth-oriented discussion and event boards, such as Young Co-operatives.
2.3 Membership in the Traidcraft InterActive Site and receipt of the Service is void where prohibited. By using the Traidcraft InterActive Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3.1 This Agreement will remain in full force and effect while you use the Traidcraft InterActive Site and/or are a Member. You may cancel your membership at any time, for any reason by emailing[email protected].
3.2 Traidcraft may terminate your membership for any reason, at any time. Traidcraft will not enter into any correspondence concerning the termination of your membership.
4. Non-Commercial Use
4.1 The Traidcraft Traidcraft InterActive Site is for the personal use of individual Members only and may not be used for commercial purposes, except promotional activity in connection with Traidcraft-related activities (e.g., Traidcraft fair traders, Traidcraft products). Passwords and compiled names, photos, links, and Traidcraft InterActive Site content are not to be transferred or copied from the Traidcraft InterActive Site for use with any other product or service.
4.2 Illegal and/or unauthorised uses of the Traidcraft InterActive Site will be investigated by Traidcraft, and legal action may be taken.
4.3 You may link to the home page of the Traidcraft InterActive Site but to no other page save with the Traidcraft’s written consent. Unauthorised framing of or linking to the Traidcraft InterActive Site is forbidden and legal action may be taken to protect Traidcraft’s rights and the Traidcraft InterActive community generally.
5. Intellectual Property Rights
5.1 The Traidcraft InterActive Site and the Service contain and employ registered and unregistered trade marks, copyright and design-protected material (including links and compilations of individual data) and other rights that are the property of Traidcraft and its licensors.
5.2 Traidcraft strictly reserves all rights in the Traidcraft InterActive Site and the Service. In particular, save with Traidcraft’s written consent in advance, you may not:
(a) copy, modify, publish, transmit, distribute, perform, display, or sell any copyright material;
(b) reproduce any design-protected material; or
(c) make any commercial use of any trade marks.
6. Acceptable Use Policy
6.1 You understand and agree that Traidcraft may review and delete any content, messages, events, photos or profiles (collectively, “Content”) published displayed or created (hereinafter, “post”) by you that in the sole judgment of Traidcraft violate this Agreement, or that may be obscene, offensive, blasphemous, illegal, or that may violate the rights of Members, or harm or threaten the safety of any third party, or in some other way breaches this Acceptable Use Policy.
6.2 Your profile must describe you, a natural and individual person. Traidcraft will delete inappropriate profiles without reference to the Member concerned. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character or real individual who is not you.
6.3 You are solely responsible for the Content that you post or transmit to other Members and you agree not to post any Inappropriate Material (as defined at clause 6.6 below). You warrant that you are entitled to post or otherwise deal in the Content. You agree to fully indemnify and hold harmless Traidcraft in respect of against any action, liability, cost or expense (including legal costs and expenses) to be paid to any third party in respect of any claim or action arising from Content you have posted or transmitted to other Members.
6.4 By posting Content to any public area of the Traidcraft InterActive Site, you automatically grant, and you represent and warrant that you have the right to grant, to Traidcraft an irrevocable, perpetual, non-exclusive, fully paid, worldwide license:
(a) to use, copy, perform, display, and distribute the Content or any part of it;
(b) to prepare derivative works of the Content;
(c) incorporate the Content into other works; and
(d) to grant and authorise sublicenses of the Content in respect of the above.
6.5 Traidcraft reserves the right to investigate and take appropriate legal action in its sole discretion against anyone it believes to be responsible for the posting of Inappropriate Material, including without limitation, the removal of the offending communication from the Traidcraft InterActive Site and the termination of the membership of that person or those persons.
6.6 “Inappropriate Material” includes (without limitation) material that:
6.6.1 is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.6.2 harasses or advocates harassment of another person;
6.6.3 involves the transmission of ‘junk mail’, ‘chain letters’ or unsolicited mass mailing or ‘spamming’;
6.6.4 contains information you know to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
6.6.5 contains or promotes an illegal or unauthorised copy of another person’s copyright work, (such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files) or any other material that infringes the proprietary rights of any third party;
6.6.6 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
6.6.7 contains pornographic or sexually explicit images or material of any kind;
6.6.8 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
6.6.9 solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
6.6.10 engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
6.7 You must use the Service in a manner consistent with any and all applicable laws and regulations.
6.8 Links to external sites are provided for your convenience only. Traidcraft does not approve of, endorse or otherwise recommend the content of any third party site and can accept no liability for the availability, suitability or content of such website(s) to which you will be moving should you choose to follow such a link.
7. Member Disputes.
7.1 You are solely responsible for your interactions with other Traidcraft InterActive Site Members.
7.2 Traidcraft reserves the right, but has no obligation, to monitor disputes between you and other Members, nor to attempt to resolve nor make any determination in respect of such disputes.
8. Exclusion and Limitation of Liability.
8.1 The Traidcraft InterActive Site and the Service are provided free of charge and ‘AS-IS’. Traidcraft expressly disclaims any warranty of fitness for a particular purpose or non-infringement in respect of the proprietary rights of third parties. Traidcraft cannot guarantee and does not promise any specific results from use of the Traidcraft InterActive Site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons.
8.2 Save only insofar as clause 8.5 below applies, under no circumstances will Traidcraft be responsible for any loss or damage resulting from the use of the Traidcraft InterActive Site or the Service, any Content posted on the Traidcraft InterActive Site or transmitted to Members, or any interactions between users of the Traidcraft InterActive Site, whether online or offline. In particular, all liability arising from the following is hereby excluded:
8.2.1 incorrect or inaccurate Content posted on the Traidcraft InterActive Site or in connection with the Service, whether caused by Traidcraft, users of the Traidcraft InterActive Site, Members or by any of the equipment or programming associated with or utilised in the Service;
8.2.2 the conduct, whether online or offline, of any user of the Traidcraft InterActive Site or Member of the Service;
8.2.3 any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications;
8.2.4 any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
8.3 Under no circumstances shall Traidcraft be liable to you for loss of profits goodwill data or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Traidcraft had been advised of the possibility of you incurring the same.
8.4 Even though the posting of Inappropriate Material is strictly prohibited, there is a small chance that you might become exposed to such material when making use of the Traidcraft InterActive Site of the Service. If so, you hereby waive any cause of action arising therefrom and any right to damages from Traidcraft related to such exposure.
8.5 Nothing in this clause shall be interpreted as excluding or limiting the liability of Traidcraft for personal injury or death resulting from Traidcraft’s negligence or breach of this Agreement.
9. Remedies .
9.1 In the event that Traidcraft determines, at its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate to the Traidcraft community, Traidcraft may:
9.1.1 warn you via e-email that you have violated this Agreement; and/or
9.1.2 delete any Content provided by you on the Traidcraft InterActive Site; and/or
9.1.3 cancel your Membership; and/or
9.1.4 notify and/or send Content to and/or fully co-operate with the proper law enforcement authorities and/or agencies for further action; and/or
9.1.5 take any other action that Traidcraft deems to be appropriate.
10.1 This Agreement constitutes the entire agreement between Traidcraft and you and supersedes all prior agreements, representations, statements and understandings between Traidcraft and you regarding the use of the Traidcraft InterActive Site and/or the Service. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
10.2 The failure of Traidcraft to exercise or enforce any right or provision of this Agreement or the delay by Traidcraft in so doing shall not constitute a waiver of such right or provision.
10.3 If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
10.4 This Agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.
Please contact us at [email protected]with any questions regarding this agreement.