Terms of service

1. GENERAL

Welcome to www.reluctantlybrave.com (the “Website”). The Website is provided by Reluctantly Brave Limited, a company registered in England and Wales with company number 8089392 (hereinafter "Reluctantly Brave", "us", "we" or "our"). Our registered office is Unit 2, Bayford Street Industrial Units, Bayford Street, London E8 3SE. "You" and "your" means you as the user of the Website.

2. ACCEPTANCE OF AGREEMENT

(a) These terms and conditions ("Terms and Conditions") govern Your use of the Website and the supply of all services and information via the Website. The Privacy Policy sets out how we use your data. The Terms and Conditions, together with the Privacy Policy shall be collectively referred to as the "Agreement". The Agreement constitutes the entire agreement between you and us. If you are uncertain about any of its terms, email adam@reluctantlybrave.com or write to us at the address set out above and we will try to respond to your query as soon as possible.

(b) By accessing the Website, you agree to these Terms and Conditions and the Privacy Policy. If you do not agree to these Terms and Conditions, you should not use the Website. You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.

3. CHANGES TO THIS AGREEMENT

We may from time to time make changes to the terms of these Terms and Conditions , the Privacy Policy and the Agreement. Any changes will be posted on the Website and notified to you by means of a notice and links to the revised terms of the Agreement or any part of it on the homepage of the Website. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. If you use the Website after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you should not use the Website.

4. ACCESSING THE WEBSITE

(a) Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend any or all of the Website without notice. Access to the Website is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access our site arising out of circumstances beyond our reasonable control.

(b) We have the right to disable your access to the Website at any time if, in our opinion, you have failed to comply with any of the provisions of the Agreement.

5. RELIANCE ON INFORMATION POSTED

Commentary, opinion and other materials posted on the Website are not intended as advice and should not be relied upon. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded.

6. LINKING TO THE WEBSITE

You may link to the home page of the Website, provided you do so in a way that is fair and legal and which does not damage Our reputation or take advantage of it. You must not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other information published on the Website. The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

7. LIMITED LICENCE

(a) Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of this Website and all data, information, software graphics, images, text, posts and other content on the Website (the "Materials") on a single device strictly in accordance with this Agreement.

(b) You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website and the Materials. Your use of the Website and Materials is subject to the following restrictions. You must not:

(i) Remove any copyright or other proprietary notices contained in the Materials;

(ii) Modify, reproduce, publicly display, perform or distribute the Materials, or otherwise use the Materials in any way, for any public or commercial purpose;

(iii) Transfer the Materials to any other person;

(iv) Use the Materials or any of them in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right either belonging to Us or to any third party; or

(v) Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate the Materials or any of them to any third party, or exploit this Website and/or the Materials in any way without our prior written consent.

8. UPLOADING MATERIAL TO THE WEBSITE

(a) Whenever you make use of a feature that allows you to send, submit or upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in clause 9 below (Acceptable Use).

(b) You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

(c) Any material you upload to the Website will be considered non-confidential and you grant us the right to display, use, copy, distribute, store and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

(d) We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

(e) We have the right (but no obligation) at our sole discretion to refuse, delete or remove any material or posting you make on the Website for any reason whatever, including, but not limited to, circumstances where, in our opinion, such material does not comply with the content standards set out in clause 9 below (Acceptable Use). We also reserve the right to prevent further access to the Website by users submitting such content.

(f) We in no way guarantee that any material you upload or otherwise provide, or any part of it, will be displayed on the Website.

9. ACCEPTABLE USE

(a) You warrant and undertake that all material submitted by you to the Website (“Your Content”), including, but not limited to your name, biographical information and all other names, postings, messages, text, files, images, photographs, video, sounds, likenesses, graphics, logos, marks, and all other information shall not:

(i) Infringe copyright, trademarks, rights of privacy, publicity or other intellectual property rights of any other person or entity;

(ii) Contain any personal information relating to any persons under 18;

(iii) Be inaccurate where it states facts or disingenuous where it states opinions;

(iv) Contain any content that is libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, harmful, harassing, intimidating, threatening, hateful, objectionable, fraudulent, discriminatory, abusive or racially, culturally, or ethnically offensive or which may, or may appear to, impersonate any third party;

(v) Contain any malicious code such as viruses, worms, trojan horses or other potentially harmful programs or material; or

(vi) Violate any applicable law, statute, ordinance, rule or regulation.

(b) You are entirely responsible for the material that you post, email or otherwise make available via the Website, and shall indemnify, compensate and reimburse us against any claim received, or damages suffered, by us resulting from content you submit. For the avoidance of doubt, your responsibility includes, but is not limited to, ensuring that such material:

(i) Does not infringe any other person's rights (for example, you should own all the rights in Your Content i.e. it should be original and may not include any music soundtrack or any copyright protected work (the rights in which are owned by a third party) as part of Your Content which you submit, unless you have obtained all necessary consents and licences to do so);

(ii) Does not contain any information which is subject to any data protection or confidentiality obligations, other than where disclosure thereof is permitted by law;

(iii) Does not contain any viruses or other contaminants that have the ability to modify, delete or damage our computer programs and hardware;

(iv) Does not contain any materials that are libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, harmful, harassing, intimidating, threatening, hateful, objectionable, fraudulent, discriminatory, abusive or racially, culturally, or ethnically offensive; and

(v) Does not violate any law, rule or regulation in any way.

(c) You shall indemnify, compensate and reimburse us, and any of our agents and representatives against any and all costs of any claim received or damages suffered by us resulting from the submission of Your Content.

10. TRADE MARKS

We expressly reserve all rights in and to the domain name www.reluctantlybrave.com, the trading name, "Reluctantly Brave" and all other related service marks, trading names or other trademarks relating to our products and services. Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.

11. THIRD PARTY SITES AND CONTENT

(a) The Website and/or the Materials may contain links to third party websites. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we or this Website is/are affiliated or associated such sites. If You decide to visit any third party site, you do so at your own risk.

(b) Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for such content.

12. EXCLUSIONS AND DISCLAIMERS

(a) To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, the Materials and/or all services supplied by us in connection with this Website.

(b) We shall not be liable under these Terms and Conditions , the Privacy Policy or the Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

(c) We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website.

(d) We do not represent or warrant that the Website will be error-free, free of viruses or owner harmful components, or that defects will be corrected.

(e) We will not be in breach of these Terms and Conditions, the Privacy Policy or the Agreement nor be liable for any failure or delay in performance of our obligations under the Terms and Conditions , Privacy Policy or the Agreement, arising from or attributable to acts, events, omissions or accidents beyond Our reasonable control. In such circumstances, your corresponding obligations will be suspended to the same extend as ours and we will use all reasonable endeavours to carry out our obligations under these Terms and Conditions , the Privacy Policy and the Agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.

13. OUR LIABILITY

(a) Nothing in this Agreement shall, or shall be read as an attempt to, exclude Our liability for:

(i) death or personal injury arising through negligence; and/or

(ii) fraudulent misrepresentation; and/or

(iii) anything else that cannot be excluded or limited by us under English law.

(b) Our aggregate liability to you in connection with any and all claims arising out of or relating to the Website, the Materials and the services provided in connection with the Website or otherwise shall be limited to the amount paid by you in relation to that claim.

(c) You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection with and/or arising out of your breach of the terms of this Agreement.

14. LEGAL COMPLIANCE AND APPLICABLE LAW

(a) You shall comply with all applicable laws and regulations in England and Wales in connection with your use of the Website and the Materials that appear on it.

(b) These Terms and Conditions , the Privacy Policy and the Agreement shall be governed by and interpreted under the laws of England and Wales. Any dispute arising from these Terms and Conditions , the Privacy Policy and the Agreement shall be subject to the exclusive jurisdiction of the courts of English and Wales.

(c) Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website conflicts or is inconsistent with the Agreement or any part of it, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms and Conditions, the Privacy Policy and the Agreement shall survive any termination of the Agreement or any part thereof.

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