1.1 The Site and the Laika Network Services may include, but are not limited to, the provision of a platform whereupon user-generated-content (‘UGC’) may be uploaded, posted and accessed which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for the use by a Laika Network Member (or a visitor to the Site as the case may be) to the extent permitted by the functionality of the Site.
1.2 By using any of the Laika Network Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the Laika Network Services. These Terms form a legally binding agreement between You and Laika Network and applies to all Laika Network Members of the Site who may also be contributors of UGC posted on the Site.
1.3 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site. If You disagree with any part of these Terms, do not use the Site. If You violate these Terms, Laika Network may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. Laika Network reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that Laika Network will treat Your use of the Site and/ or the Laika Network Services as acceptance of the Terms including Your continued use subsequent to any changes being posted on the Site.
When using the Site You grant Laika Network and other Laika Network Members the IP Licences set out in Your with your respective licence agreements in place with Laika Network.
With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site constitutes “Laika Network Content” and is either owned by, or licensed to, Laika Network and is subject to copyright, trade mark rights, and other intellectual property rights of Laika Network and licensors of Laika Network. Such Laika Network Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Laika Network Content not uploaded or posted by You are trade or service marks of their respective owners. Such Laika Network 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 Laika Network or, where applicable, the licensors of Laika Network. Laika Network and/ or its licensors reserve all rights not expressly granted in and to their Laika Network Content.
We will terminate the privileges of any Laika Network Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Laika Network Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Laika Network Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing Laika Network Member’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a Laika Network Member’s right to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
In order to become a Laika Network Member and to gain access to the Laika Network Services including the Laika Network Software, You must register on the Site, be verified and gain a Laika Network Login in accordance with and subject to Your relevant licence agreement with Laika Network.
Subject to the following express restrictions, Laika Network grants You permission to access and use the Site and the Laika Network 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:
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site (or via the Site) or in any way connected with the Site, that:
9.1 Laika Network does not warrant the validity and accuracy of information on the Site or the Laika Network Services (including the Laika Network Software) or that the Site is kept up-to-date. The Site and its content and the Laika Network Services are delivered on an "as-is" and "as-available" basis. Laika Network shall use reasonable endeavours to ensure that the Site, the Laika Network Services and any information it holds on You are kept secure. However, due to the nature of the internet, Laika Network does not represent or warrant to You that:
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 Laika Network 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 Laika Network for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. Laika Network advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. Laika Network 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.
11.1 You acknowledge that Laika Network has no obligation to monitor any UGC provided by Laika Network Members. You further understand and agree that in Laika Network’s sole discretion, and without prior notice, Laika Network may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Laika Network Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Laika Network believes that the UGC You provided has violated or is inconsistent with the Licence or has violated the rights of Laika Network or a Laika Network Member. Notwithstanding this, You are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.
11.2 Laika Network may release Laika Network Member information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
11.3 You agree that monetary damages may not provide a sufficient remedy to Laika Network for violations of these Terms and You consent to injunctive or other equitable relief for such violations.
11.4 You acknowledge and agree that to improve the Site and/ or the Laika Network Services, Laika Network may stop (permanently or temporarily) providing the Laika Network Services (or any features within the Laika Network Services) to You generally at Laika Network’s sole discretion, without prior notice to You.
12.1 You represent and warrant that:
13.1 Nothing in this Clause 13 shall exclude or restrict liability for:
13.2 Laika Network 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.
13.3 Subject to Clause 13.1, Laika Network shall not be liable to You 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 the Site and/ or the Laika Network Services or, any loss or damage which may be incurred by You as a result of:
13.5 You shall indemnify and hold harmless Laika Network on demand, and shall keep Laika Network fully and effectively indemnified against any and all Losses incurred by or asserted against Laika Network, arising out of or in connection with:
13.6 Different limitations and exclusions of liability will apply to liability arising from the Consultancy Agreement or the Customer Service Terms which are set out in the relevant document as between You and Laika Network.
13.7 Except as expressly set out in these Terms, Laika Network 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.
These Terms shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of Laika Network. Laika Network 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 Laika Network 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.
Failure by either Laika Network 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.
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
If You are not happy with the way Laika Network deal with any dispute or disagreement between You and Laika Network 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.