Terms and Conditions
By using TheNudge.com you agree to respect and abide by the conditions of these terms and conditions ("the Terms").
1. Terms and Conditions
1.1 These Terms and Conditions (the "Terms") apply to www.theNudge.com ("the Nudge" or "the Website") which is owned and operated by Framework (London) Ltd ("the Company", "we", "us", "our").
1.2 These Terms apply to all visitors to and users of the Website, whether registered or unregistered (individually "User" and collectively, "Users").
1.3 By accessing the Website, and using any services that may be provided to you therein (collectively, the "Services") you agree that you are not under 18 years of age (or the equivalent age your legal jurisdiction), and that you will comply with and be bound by these Terms.
1.4 We reserve the right to change these Terms or to modify any features of the Website at any time without notice to you, and you agree to be bound by such changes. All changes to these Terms, which include the Nudge email publications as well as the Website, shall apply as soon as they are posted.
2. In General....
2.1 We endeavour to provide you with a seamless and fun experience on the Nudge, however sometimes technology breaks down... For this reason we unfortunately cannot guarantee accessibility all the time and we will not be held liable for any losses arising as a result.
2.2 Also, you are responsible for your account and for anything done by people using your username and password, so you need to keep them secret at all times and notify us immediately if you become aware of any third party using your account. You are legally responsible for anything that is done through your account. We can and will not be held liable for any loss incurred by a User through reliance on any information found within the Website, whether it has been imported from a third party website or whether it has been added to the Nudge by an officer, director or employee of the Company. You agree that bear all risks associated with your use of any information posted on the Website.
2.3 Users are advised to verify all content found within the Website before incurring any expense at all.
All content on The Nudge is selected by the editorial team because they like it. Any sponsored editorial is clearly marked as "Partner Content". View our Editorial Policy for more information.
5. General Conduct
5.1 You agree that you will not (and you agree not to allow any third party to) do any of the following:
- Create a user account, and so become a User, by automated means or by using any false or fraudulent information;
- Interfere in any way with the proper working of the Website or the Services, or otherwise interfere in any way with other Users' enjoyment of them
- Collect any information about other Users (including usernames and/or email addresses) for any purpose
- Translate, reverse engineer or otherwise change any portion of the Website or the Services;
- Reformat any of the web pages that form part of the Website or the Services;
- Remove any copyright, trademark or other proprietary rights notices contained from the Website or from within any content contained within it;
- Transmit to the Website any items of a destructive nature including but not limited to Trojan horses, defects, viruses, or worms
- Access, replicate or otherwise utilise any portion of the Website or the Services for purposes of constructing or populating a searchable database of place, product, service, event or online content recommendations;
- Copy, reproduce, store, distribute, publish, display, modify or in any way exploit any content offered on the Website other than for your own use;
- Use the Website or Services, intentionally or unintentionally, to violate any local, national or international law;
- Add any offensive, improper, illegal or libellous content to the Website
5.2 This list is not an exclusive list of the type of misuses of conduct that may result in the restriction, suspension or termination of your access to the Website – they are examples of the types of misuse that are prohibited.
6.1 You agree to indemnify and defend the Company and its officers, directors, employees, successors and assigns (collectively the "Indemnified Parties") from and against all claims, suits, demands and actions (and any resulting losses, damages or costs incurred) brought against the Indemnified Parties as a direct or indirect consequence of (i) you accessing the Website, (ii) your use of the Services, (iii) your violation of any of these Terms, or (iv) the infringement by you, or anyone using your account or password, of any intellectual property or other right.
6.2 This clause is not intended to exclude our liability in the unlikely event of fraud by one of our employees or death or personal injury caused by our negligence.
7. Unsolicited Materials
In operating the Website, the Company does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or the Nudge mail and email addresses, or in any other way. By submitting or sending information or other material to the Nudge you represent and warrant that the information is original to you and that no other party has any rights to the material.
8. User's Grant of Limited License
By communicating with the Nudge, including submitting content and feature ideas, you grant the Company the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to publish, use, reproduce and feature such content in any way that the Company sees fit.
9. Liability for Disputes Between Users of the Nudge and Linked Websites
9.1 We are not responsible for any website linked to the Nudge (whether linked by affiliate program or otherwise) or for what happens to you as a result of using one. We cannot intervene in any disputes between you and such website or their users. Should you elect to engage in correspondence or commercial transactions with any third parties in connection with your use of the Website or the Services, you do so at your own risk. The Company assumes no responsibility, and will have no liability, for any such activity.
9.2 You agree that you will not hold us liable for any losses, costs, claims, demands, or damages of any kind or nature arising out of or in any way connected to your reliance on any content, goods or services found on any website linked to from the Nudge.
We can accept no responsibility for any losses arising from an attack by virus, Trojan, worm or other device having a negative impact on the use of your system or unlawfully giving third party access to your data or transmitting such data to a third party.
11. Competitions / Promotions
11.1 The Nudge often runs competitions and promotions. These are designed for the sole benefit of the Users of the Website.
11.2 Users who have more than one account with the Nudge – whether for the purpose of increasing their chances of winning a competition or otherwise - are subject to immediate disqualification from any competition or promotion.
11.3 The Company, at its sole discretion, may suspend or revoke the registration of any User.
11.4 Users agree to release the Company and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of competition or promotion located on, or accessed through, the Website.
11.5 The Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit a User's ability to participate in a competition or promotion.
11.6 Each competition and promotion comes with its own specific rules and small print – this is always clearly displayed on the page of the Website on which the competition is featured. Users agree to be bound by such rules at all times.
11.7 A User who violates any of the rules or guidelines for behavior published on the Website is subject to immediate disqualification and revocation of their registration. The Company is under no obligation to award any prize to any User who violates a published rule or guideline.
11.8 The Company reserves the right to cancel, terminate or alter any competition or promotion (or the rules thereof) at any time and without prior notification.
12. Copyright Infringement
12.1 The last thing that we want is to infringe the rights of any individuals or organisations whose content has been placed on the Website.
12.2 If you believe that content you own has been added to or used on the Website in a way that violates your copyright or other intellectual property rights, please contact info@theNudge.com with the following information, so that we can remove it:
- A description of which intellectual property has been infringed, what it is and where on the Website it can be found
- Your contact details
- The signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- A clear statement that you, in good faith, believe that the disputed use is not authorised and that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf and have proof of such authorisation and title to such rights.
13.1 The Website and the Services (including, but not limited to, all content contained therein) are protected by copyright as collective works or compilations. The Company and its licensors are the sole and exclusive owners of all right, title and interest in and to the Website (including all content found within it) and the Services.
13.2 You agree that you will not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website or via the Services, in whole or in part, except as expressly permitted by the Company.
14. Termination of Account
14.1 You can cancel your account at any time through the settings section within your account.
14.2 We also reserve the unconditional right to cancel your account if you give us any reason (in our sole opinion) to do so. The most likely reason for us to want to do this would be related to your infringement of any of these terms.
THE WEBSITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. WTHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (I) THE OPERATION, AVAILABILITY, OR SECURITY OF THE WEBSITE OR THE SERVICES, OR (II) THE QUALITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICES.
16. Non-Waiver of Rights
Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control.
17. Governing Laws
17.1 These Terms are governed by and construed in accordance with English law and you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arise out of or in connection with these Terms and our Website. Irrespective of the Country in which you live or are currently based, you agree to comply with all local laws in relation to use of the Website.
17.2 We reserve the right to change these Terms at any time, and will highlight any changes to them on the Website. Your continued access to and use of the Website indicates your acceptance of, and agreement to be bound by, any such changes.
18. If you have any questions or concerns in relation to these Terms please contact us on info@theNudge.com
These Terms were last updated on 22nd January, 2013.