1. The Obsidian Fleet Centre website (the “Site”), and all content within it (“Content”), is owned or used under licence by Obsidian Fleet.
  2. By clicking ‘OK’ and/or making any use of the Site and/or the Content you agree to be bound by these Terms of Use.
  3. In these Terms of Use:
  • “Brand Guidelines” means our guidelines relating to the use of our brands, names and logos, accessible at http://obsidianfleet.net/
  • “Drafts” means all drafts of promotional materials which you prepare;
  • “we”/”us”/”our” means Obsidian Fleet and any subsidiary;
  • “you”/”your” means the person using the Site, and, where you are a volunteer, agent, or have otherwise been engaged by, another person for or on whose behalf you are using the Site, that other person.
  1. All Content is owned by us or our Data Collector. Subject these Terms of Use, we consent to you accessing and/or using the Content solely for the purpose of preparing Drafts, which must be solely for use in connection with the Joint Promotion. We shall be entitled to remove your access to the Site and/or any Content at any time and without notice. You may store Content and Drafts in electronic form on your hard drive and on your internal server (but not on any other server, other storage device connected to an external network, or removable storage device unless we have given you prior consent to do so) only for this purpose and only until the earlier of:
  • the Joint Promotion ending;
  • our involvement in the Joint Promotion ending;
  • such time as we choose to close the Site; or
  • we withdraw our consent to you accessing and/or using the Site and/or any Content (which we may do at any time at our discretion).
  1. You must send all Drafts to us for our approval before making any use of them. We shall not be obliged to give this approval, and where you have not received written approval from us to use any Draft you must not use that Draft.6. Any use of the Content which you make (including within any Draft) must be made in accordance with our Brand Guidelines, these Terms of Use, and the terms of any contract you have with us relating to your use of Content and/or the Joint Promotion.7. Most of the Content in the Product is owned by us but certain content may be used under licence from third parties (“Third Party Content”). Where this is the case we may mark this material with the copyright notice of those third parties, but we shall not be obliged to do so. Some of the Third Party Content will be subject to additional restrictions. You are responsible for ensuring that you are aware of, understand, and comply with such restrictions and you hereby indemnify us against all costs, damages, expenses and/or losses which we incur:
  • as a result of any claim or potential claim being brought against us by a third party which is based on any infringement or alleged infringement of any intellectual property rights in any Third Party Content or breach of any contract or licence between us and the third party from whom we obtained any right to use the Third Party Content; and/or
  • as a result of any other action being taken by the third party from whom we have obtained any right to use the Third Party Content which action would not have been taken had the restrictions relating to use of the Third Party Content (for example, and without limitation, any lost profits we incur as a result of a licensor of Third Party Content terminating our licence to use that Third Party Content);
  • in order to prevent any claim or termination or modification of licence, mitigate the effects of any termination or modification of licence, or settle any dispute, in each case where we incur such costs, damages, expenses and/or losses as a result (whether direct or indirect) of you breaching these Terms of Use or any additional restrictions relating to the relevant Third Party Content.
  1. You must not use any piece of Third Party Content until we give you specific prior written consent to do so.
  2. We shall not be obliged to maintain the Site, nor keep any Content on the Site. We may add, remove, or change Content on the Site at any time without notice. Where we remove any Content from the Site you must immediately cease using that Content, destroy or permanently erase any copies of that Content which you hold (except that you may retain one hard copy of that Content for records purposes), and must update any Drafts you are working on.
  3. Except as set out in this clause, you may not (without prior written permission from us):
  • redistribute any of the Content or Drafts (including by using it as part of any library, archive or similar means);
  • remove the copyright or trade mark notice from any copies of Content you make, including, without limitation, in any Draft;
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
  • modify any of the Content without our prior written permission;
  • publish, broadcast, display or otherwise release any Content or Draft either publicly or to any person other than us (except where we have given our prior written permission to you to do so);
  • seek to register for or otherwise obtain, or hold yourself out as having, any legal, moral or other rights to any of the Content, or to any other material, image, name, brand or logo which we consider is similar to any Content.
  1. Any use of any Content which you make is made entirely at your own risk and we do not give any warranty that any Content is, nor accept any liability if any Content is not, accurate, fit for purpose, suitable, free from encumbrance or free to use without obtaining the permission of a third party.
  2. Unless we have agreed otherwise in any signed or executed contract we have with you relating to the Joint Promotion, ownership of all Drafts you prepare (and rights therein) shall vest in us.
  3. You are responsible for ensuring that all intellectual property in all Drafts you prepare is not owned by any third party or subject to any third party’s rights (including, without limitation, copy and design rights), or, if it is, that you have obtained all necessary rights from any such third party to permit you and us to use that intellectual property for all purposes (including commercial exploitation). You agree to fully indemnify us against all costs, damages, expenses and/or losses which it incurs as a result of any claim or potential claim being brought against us by a third party which is based on any infringement or alleged infringement of intellectual property rights.
  4. You must not do or omit to do anything which, as a result of that action or inaction, causes damage or harm or modification to the Site or the Content.
  5. You must treat Content as confidential. This means you must not disclose any Content to anyone other than us unless we otherwise agree to you doing so in writing.
  6. You shall indemnify, defend and hold us, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including legal costs), arising out of or in connection with any breach by you of these Terms of Use.
  7. We shall not be liable for any loss you suffer as a result of a breach of these Terms or any statutory duty we owe to you, our negligence, or otherwise in connection with your use of the Site and/or Content, except for those losses which are a direct and foreseeable result of that breach of these Terms or statutory duty by us or our negligence. We shall not be responsible for indirect, special or consequential losses which are incurred by you (such as, without limitation, loss of profits or loss of data). Our maximum aggregate liability to you shall on no account exceed the sum of ten thousand pounds, or, only where we have agreed to limit our liability to you to a lower amount in any agreement between us (whether or not that contract relates to your use of Content), that lower amount.
  8. Notwithstanding the provisions of clause 18 (above), our liability will not be limited in relation to death or personal injury directly caused by our negligence, or for fraud.
  9. We reserve the right to change these Terms and/or introduce new rules or terms and conditions for any element of the Site at any time. Such changes will be posted on the terms and conditions page of the Site not less than two days prior to their having effect. By accessing the Site and/or using any Content on or after the date any changes have effect you agree to such changes.
  10. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
  11. If you breach these terms and we choose to not to promptly enforce these terms or seek any remedy under the same, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.
  12. If you are a member of our staff and you breach any of these Terms of Use then, in addition to our other rights and remedies under these Terms of Use, we may raise the matter with your manager who may take disciplinary action against you. By accessing the Site you agree to this, and to the requirement that you do not breach these Terms of Use being a reasonable instruction given to you by your employer in the course of your employment.
  13. No third party shall be entitled to enforce these Terms of Use.
  14. To send us any notice or request any consent under these Terms of Use you should contact: [email protected]
  15. We will try to solve any disagreements quickly and efficiently. You agree that our decision shall be final in relation to any disagreement as to whether or not you may use any Content in any particular way or for any particular purpose, or whether or not you may continue to access the Site.
  16.  These Terms of Use, and any claims or disputes (whether contractual or non-contractual) relating to them or their subject matter, are governed by the law of England and Wales.