Terms of Use

TERMS OF USE

By using this Website, you enter into a contract with us by which we provide free information to you on this Website.

By submitting User Content, you grant us a license to your submitted content, as further detailed below. IF YOU DO NOT WANT TO GRANT US A LICENSE TO YOUR SUBMITTED CONTENT, DO NOT SUBMIT ANY CONTENT.

1. Definitions.

Throughout the present agreement, the words listed in this clause shall have the meanings defined in this clause, whether or not they are capitalized.

Agreement	the present “Website Terms of Use”, including any schedules and annexes thereof as well as any future modifications, corrections, and amendments thereto, as well as (i) Privacy & Personal Data Protection Terms (posted on the Website), (ii) any other contractual offer posted on the Website In case of contradiction between any of these and the body of the Agreement, the latter shall prevail.
Applicable Law	laws, regulations, obligatory rules issued by government or professional bodies or entities, relating to the subject matter of this Agreement, and in force in England & Wales
Licensee / You	the person or entity using, directly or indirectly (e.g. via bots), the Website
Licensor / Us / We / FlexiLEX	BSD 613 Limited, a company registered in England at Companies House under n° 13204748, having its registered address at 82 King Street, Manchester, M2 4WQ, England
Party	either the Licensor or the Licensee
Parties	the Licensor and the Licensee
Purpose	provision, display, and/or access, of information, on or via the Website
FlexiLEX IP	intellectual property owned by, held by, or licensed to Licensor, pertaining to items listed in “Schedule 1 : FlexiLEX IP”, in whatever format (including, but not limited to, online, downloaded to a computer, or in print)
Third Party IP	intellectual property owned or held by third parties and licensed to Licensor, pertaining to items listed in “Schedule 2 : Third Party IP”
User Content	content, data, images, and/or information, submitted by you to or via the Website (including simply by using the Website), as further detailed in “Schedule 3 : User Content”
Using	execution of, or access to, the Website or an element thereof, for example: directly, indirectly (for example, through another web site) , manually (for example, by typing the address, following a link, or opening a file off-line) , automatically (for example, through a program permitting the automatic generation or extraction of content)
Services	services that may be offered, provided, and/or sold, on or through the Website by the Licensor
Venue	England
Website	all content situated on the areas of the servers that are accessed by the web addresses whose root domain also contains the present Agreement

2. Contracting Principles.

2.1. Entire Agreement. With respect to its subject matter, this Agreement constitutes the entire agreement between the Parties and supersedes all previous negotiations, agreements and commitments between them, whether oral or written.

2.2. Modifications. This Agreement, the Website, the Services, related prices, and/or the FlexiLEX IP, can be modified or withdrawn by us at any time and at our discretion, without notice, and with immediate effect.

3. Rights & Obligations.

3.1. Licensor.

3.1.1. Grant of Limited License. The Licensor grants a personal, non-transferable, temporary, non-exclusive license to the Licensee to use the FlexiLEX IP for the Purpose, and under any other conditions specified in this Agreement. Nothing in this Agreement shall be construed to grant any title or rights (including ownership) in the FlexiLEX IP to the Licensee other than the limited right to use specified in this clause.

3.1.2. Privacy & Personal Data. The Licensor shall protect your privacy and personal data, as further detailed in the Privacy & Personal Data Protection Terms posted on the Website.

3.2. Licensee.

3.2.1. Use of Limited License. The Licensee shall use the licensed FlexiLEX IP strictly for the Purpose and in accordance with the terms of this Agreement and any applicable law protecting our intellectual property, including the Applicable Law. For the avoidance of doubt this license does not include the right to

3.2.1.1. reproduce, disseminate, copy, modify, edit, improve, adapt, translate, multiply, integrate into or extract the entire content or any part of the FlexiLEX IP, create derivative work therefrom, publicly perform or display, make available, import, broadcast, transmit, sell, distribute or communicate it to the public or third parties,

3.2.1.2. make any reference to the Licensor, members of its group and/or network, or the personnel thereof, in any communication to third parties, or

3.2.1.3. use the FlexiLEX IP in promotional or marketing material, press releases, public announcements or advertisements.

3.2.2. No Claim on FlexiLEX IP. The Licensee acknowledges that the Licensor is the owner and/or beneficial holder of all right, title and interest in and to the FlexiLEX IP as well as the goodwill appurtenant thereto or which arises therefrom.

The Licensee shall not contest, dispute, challenge, oppose or seek to cancel the Licensor’s right, title, or interest in or to the FlexiLEX IP. The Licensee shall not apply or attempt to apply for registration of all or part of the FlexiLEX IP or of intellectual property substantially similar, in whole or in part, to FlexiLEX IP (including, but not limited to, domain names, trade or service marks, designs or patents).

3.2.3. No Hacking. The Licensee shall not do or attempt to do the following – or any similar – actions in connection with the Website or any associated servers or infrastructure:

hack
penetration test
overload
tamper with security mechanisms
decompile, reverse engineer, decode or otherwise reveal any code that is not visible through web browsers
sniff information transiting to/from/through the Website.

3.2.4. Third Party IP. Third Party IP is provided to the Licensee, and the Licensee’s use of such, shall be in accordance with the terms of any license referenced in “Schedule 2 : Third Party IP”.

3.2.5. User Content. By submitting User Content, to the greatest extent allowed under the law applicable to such transactions, you hereby assign and finally transfer to us all right, title and interest therein (including any included personal image rights). If this User Content, any element or right therein or thereto, may not – according to this applicable law – be assigned or fully transferred to us, then you, to the greatest extent permitted by this law, hereby (i) grant us a global, perpetual, unlimited, transferable, clear, royalty-free license to use such elements that may be licensed, and (ii) waive any rights to use such elements that may not be licensed.

For the avoidance of doubt, the aforementioned license you grant to us would include the rights to reproduce, disseminate, edit, improve, modify, copy, translate, integrate into or extract the entire content or a part thereof, create derivative work therefrom, adapt, publicly perform or display, make available, import, export, broadcast, transmit, sell, distribute, communicate it to the public or third parties, including in promotional or marketing material, make press releases, public announcements or advertisements, all with or without attribution.

By submitting User Content, you warrant that

(i) you are aware and accept that the only and sufficient compensation for the transfer of the aforementioned rights is the chance to promote your opinions (as expressed in the User Content, with or without attribution to you) through the Website;

(ii) you are aware and accept that we may monitor and/or moderate your User Content, your interaction with other users, and/or your use of the Website;

(iii) the User Content is owned by or licensed to you, and that submitting it through or using it in connection with the Website does not violate any contract, applicable law or regulation.

3.2.6. Licensee Account. Some functionalities of this Website may require the creation of a personal account associated with your personal data and your use on the Website. This account is personal to the Licensee and may not be shared with anyone else. It is the Licensee’s entire responsibility to ensure that their login details remain secret. If, in breach of this obligation, someone else gains access to the Licensee’s account, the Licensee is – beyond their personal contractual liability – responsible for any consequent action or omission of such third party as if such action or omission were the Licensee’s own action or omission.

3.2.7. Confidentiality. Information whose nature or marking indicates that it may be confidential to us shall be used exclusively for the performance, enforcement, termination and/or disputes relating to this Agreement, and shall be held by you in strictest confidence and not disclosed to any third party. Your obligations relating to divulging or protecting confidential information shall remain in effect for (i) 5 (five) years after the end of the Term or (ii) until that information may reasonably be considered as no longer confidential, whichever is longer.

3.2.8. Information. Licensee shall immediately inform Licensor about any breach of confidential information or any unauthorized access to its account.

4. Term.

4.1. Term & Termination. This Agreement is entered into for an indefinite term. This Agreement may be terminated by us at any time, without notice, and with immediate effect.

4.2. Effects.

4.2.1. No Indemnity. Neither termination of this Agreement nor of your access to the Website shall give rise to any indemnity.

4.2.2. Other Effects. Termination of this Agreement shall also terminate your access to the Website and you must immediately stop using the Website and any FlexiLEX IP.

4.2.3. Survival of clauses. Clauses of this Agreement whose terminus ad quem is not specified therein shall survive after termination of this Agreement, as long as their object is extant and as allowed under Applicable law.

5. Warranty.

5.1. THIS WEBSITE IS PROVIDED “AS IS” AND WE DECLINE AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTY OR OBLIGATION TO ENSURE

FITNESS OF USE OR MERCHANTABILITY
FUNCTIONALITY
ACCURACY
NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
AVAILABILITY OF THE WEBSITE
AVAILABILITY OF ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES POSTED THEREON
FREEDOM FROM VIRUSES, BUGS, OR MALWARE
COMPATIBILITY WITH ANY HARDWARE, SOFTWARE, OR OPERATING SYSTEM.

6. Liability.

WE DECLINE ANY AND ALL LIABILITY FOR DAMAGE INCURRED AS A RESULT OF THE USE OF THIS WEBSITE, WHETHER FROM THE PRACTICAL IMPLEMENTATION OF THE INFORMATION AVAILABLE THEREON, OR FOR OUTSIDE CONTENT ACCESSIBLE VIA LINKS OR REDIRECTS ON THIS WEBSITE.

We are not liable for consequential damage or loss (including, but not limited to, loss of sales, loss of profit, loss of revenue, loss of data, anticipated savings, loss of goodwill, business interruption, reputational damage, legal fees) under this Agreement, even if we have been advised of such possibility.

In any event, the Parties agree that our maximum liability under or related to this Agreement is limited to £ 500 (five hundred GBP).

7. Governing Law & Jurisdiction.

7.1. Applicable Law. This Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement, are governed by the Applicable Law.

7.2. Venue & Injunctive Relief. Without prejudice to any applicable law allowing a consumer to choose a different venue, the Parties submit to the exclusive jurisdiction of the competent courts in the Venue for all proceedings relating to this Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement.

Nevertheless, you recognize that a breach of this Agreement may cause irreparable harm to us and that actual damages may be difficult to ascertain or inadequate in such cases. We will thus have the right to enforce this Agreement by injunction, specific performance, or other equitable relief, without a requirement to prove actual damages and without prejudice to any other rights or remedies that we may have otherwise.

Schedule 1 : FlexiLEX IP

The Website, and/or any or all of its content, including:

marks
designs
testimonials
logos
text posted by third parties
computer code
mastheads
images
domain names
user interface and/or its components
choice of colours
choice of typefaces
general layout
this Agreement

These elements are protected by copyright and marks at both national and international levels. Intellectual property infringement, including software piracy, is a criminal offence!

Schedule 2 : Third Party IP

Schedule 3 : User Content

All content submitted by you, excluding your name and personal data, but including:

images or likenesses of you
recordings of you (including video and/or audio)
drawings, designs, logos
suggestions, ideas, creations, errors
written comments or messages
login / user names
support requests

Version: 5.3 // Updated : June 2023