Terms of Service

CHOOSEVIRAL WEBSITE TERMS OF USE

Stature Media operating chooseviral.com, hereinafter referred to as ‘CV’ or ‘We’ set out the following terms and conditions upon which CV offers a CV visitor herein referred to as ‘CV User’, ‘You’ and ‘Your’ a licence to use www.chooseviral.com (the ‘Site’) and any services available to You on the Site (‘CV Services’) (the ‘Terms’). These Terms incorporate our Cookie Policy by this reference (collectively called the ‘Licence’). You are referred specifically to Clause 12 herein as local legislation and local codes do not apply to these Terms where You reside outside of the UK.

General
1. The Site and the CV Services may include, but are not limited to, the provision of an online platform whereupon You can be provided with sociable, informative, fun an entertaining content by way of articles, blogs, pictures etc across a variety of different categories in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated and shared publicly on or via the Site for Your use and for the use by other CV Users or potential CV Users across the social world-wide web (“CV Services”).
2. By using the Site to access the CV Services, You expressly agree to be bound by these Terms and all applicable laws and regulations. These Terms form a legally binding agreement between You and CV and apply to all CV Users.
3. You should read these Terms carefully and ensure that You understand the effect before proceeding to use the CV Services. If You disagree with any part of these Terms, do not use the Site.
4. If You violate these Terms, CV may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. CV reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page periodically. You agree that CV will treat Your use of the the Site to access the CV Services as acceptance of the Terms including Your continued use subsequent to any changes being posted.
CV Content On The Site

CV gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the CV Services that is provided to You by CV as part of the CV Services for the sole purpose of enabling You to use and enjoy the benefit of the CV Services as provided by CV, in the manner permitted by these Terms.
CV Content On The Site (Continued)

All content and the selection and arrangement of such content on the Site constitutes “CV Content” and is either owned by, or licensed to, CV and is subject to copyright, trade mark rights, and other Intellectual Property Rights of CV and licensors of CV. Such CV Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on CV Content not uploaded or posted by You are trade or service marks of their respective owners. Such CV Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of CV or, where applicable, the licensors of CV. CV and/ or its licensors reserve all rights not expressly granted in and to their CV Content. Nothing herein gives You a right to use the ChooseViral name or any of the ChooseViral trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding CV, or the CV Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
General Restrictions On Use

Subject to the following express restrictions, CV grants You permission to access and use the Site and the CV Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
1. not to sell, license, rent, distribute or otherwise exploit any CV Content for any other purposes without the prior written consent of CV or the respective licensors of the CV Content;
2. not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of Site or the CV Services including but not limited to any CV Content, in any medium without CV’s prior written authorisation, unless CV makes available the means for such activity through the functionality offered by the CV Services;
3. not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
4. not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
5. not to access CV Content through any technology or means other than the Site or such other means as CV may explicitly designate for this purpose;
6. not to penetrate or attempt to penetrate CV’s security measures;
7. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of CV Content; or, (ii) enforce limitations on the use of the CV Services or the accessible CV Content;
8. not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
9. not to 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;
10. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any CV User of the Site;
11. not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.
Privacy and Confidentiality

These Terms incorporates our Cookie Policy by this reference which applies in full to Your use of Site to access the CV Services. We do not collect and personally identifiable data from You via the Site.
Availability and Security of the Site
1. To ensure that You are kept entertained and up-to-date with what is going on out there, CV shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
2. Unscheduled emergency maintenance may be required at any time. CV agrees however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
3. You acknowledge and agree that to improve the Site and the CV Services, CV may stop (permanently or temporarily) providing the CV Services (or any features within the CV Services) to You generally at CV’s sole discretion, without prior notice to You.
4. CV does not warrant the validity and accuracy of information on the Site or otherwise as part of the CV Services or that the same is kept up-to-date. The Site and its content and the CV Services are delivered on an “as-is” and “as-available” basis. CV shall use reasonable endeavours to ensure that the Site and the CV Services and any information it holds on You are kept secure. However, due to the nature of the internet, CV does not represent or warrant to You that:
  1. Your use of Site and the CV Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on them;
  2. Your use of the CV Services will meet Your requirements;
  3. any information obtained or downloaded by You as a result of Your use of the CV Services will be accurate, reliable or free of viruses or contamination or destructive features;
  4. Your shared UGC will not be used by a third party in various ways;
  5. there will not be any defects in the operation or functionality of any CV software provided to You as part of the CV Services; and,
  6. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful
Hyperlinks and Search Results

The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and CV do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against CV for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. CV advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. CV will not be liable for any loss or damage that may arise from your use of such links. “Losses” in this Licence shall be understood to mean any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Liability
1. Nothing in this Clause 8 shall exclude or restrict liability for:
  1. fraudulent misrepresentations;
  2. any liability where the law does not permit such exclusion of liability; and,
  3. death or personal injury arising from negligence.
2. CV shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations.
3. Subject to Clause 8.1, CV shall not be liable to You under any circumstances whatsoever in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of Site to access the CV Services or, any Losses which may be incurred by You as a result of:
  1. any breach by You of these Terms or breach of warranty by You or Your acts or omissions including Your use of, or inability to use, Site and the CV Services;
  2. any reliance placed by You on the completeness, accuracy or existence of any CV Content;
  3. any changes which CV may make to the CV Services, or for any permanent or temporary cessation in the provision of the CV Services (or any features within the CV Services);.
  4. the availability of third party 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 websites or resources; and,
  5. the acts, omissions and conduct of any CV Users in connection with or otherwise related to Your use of Site and the CV Services.
4. The limitations on CV’s liability to You in this Clause 8 shall apply whether or not CV has been advised of, or should have been aware of, the possibility of any such Losses arising.
5. You shall indemnify and hold harmless CV on demand, and shall keep CV fully and effectively indemnified against any and all Losses incurred by or asserted against CV, arising out of or in connection with:
  1. any breach of the Licence by You (other than and to the extent that any losses arise directly from breach of these Terms by CV or through CV’s negligence); and,
  2. any breach by a third party arising out of Your use of Site and/ or the interactive CV Services.
6. Except as expressly set out in these Terms, CV gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
Entire Agreement / Severability

These Terms incorporate our Cookie Policy as applicable which together constitute the entire agreement between You and CV in relation to Your use of Site and the CV Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.
Assignment

These Terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of your rights and obligations hereunder. CV reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as CV or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
No Waiver

Failure by either CV or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Law and Jurisdiction

If You are not happy with the way CV deal with any dispute or disagreement between You and CV and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Licence and the relevant courts of England will have exclusive jurisdiction in relation to these Terms.