1. Acceptance of Terms and Conditions
Welcome to the website for Copa90. The following terms and conditions of use and any documents referred to in these terms and conditions (the "Terms and Conditions") shall govern your use of the website at www.copa90.com, which shall include, without limitation, the home page, micro-sites, splash page, and all other pages under the same top level domain name, all third party web sites branded by Copa90 and all content thereon (the "Site") as provided by COPA90 Limited a company registered in England under company number 5851891 and with a registered office at 6th Floor, One London Wall, London, EC2Y 5EB, trading as Copa90 ("Copa90" or "we").
Please read these Terms and Conditions carefully before you start to use the Site. BY USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. If you do not agree to these Terms and Conditions, you must not access or otherwise use the Site. Use of the Site includes, without limitation, accessing, browsing or registering to use the Site.
We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. By using the Site following any modification to the Terms and Conditions, you agree to be bound by any such modification to the Terms and Conditions.
2. Changes to the Site
We may update the Site from time to time, and may change the content, General Services and/or Registered User Services at any time. We are under no obligation to update the content on the Site so please note that it may be out of date at any given time.
3. Social Media Platforms and Linked Sites
The Site may include links to social media platforms including without limitation Facebook, Google, Twitter, Youtube, Reddit, Snapchat and Flickr (“Social Media Platforms”).
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites or applications to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with Copa90 of such sites or the content, products, advertising or other materials presented on such sites. Copa90 does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Copa90 is not responsible or liable, directly or indirectly, for any damage, loss or costs caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
4. General Services Available on the Site
We make certain services available to all visitors of the Site, as set out below (collectively, the “General Services”):
- You may view our content, read information about our products, view movies, clips, documentaries and other films.
- You may follow a link to Social Media Platforms from the Site, and you may share the Site link or a link to certain parts of the Site on Social Media Platforms. In these circumstances, you agree to comply with both the Terms and Conditions and the terms and conditions of the relevant Social Media Platforms used. Please note that use of any Social Media Platforms is governed by separate terms and conditions and privacy policies which can be found on the websites of the Social Media Platforms accessed.
However, we may cease to provide, or may amend, the General Services at any time.
To access the Registered User Services available on the Site, you must register your details on the Site in order to create an account and become a “Registered User”.
By registering on the Site, you agree to provide true, accurate, current and complete information about yourself (as prompted by the online registration form), and you shall promptly maintain and update any such information about yourself which becomes untrue, inaccurate, out of date or incomplete.
You must be aged 13 or over to create an account on the Site and use the Registered User Services. You may only create one account for yourself and if we have disabled or suspended your account, you will need our written permission to re-register on the Site.
You agree that by registering on the Site and accepting these Terms and Conditions you are forming a legally binding contract with us and you will comply with these Terms and Conditions and all applicable laws, rules and regulations.
Registration does not guarantee access to the Registered User Services which we may cease to provide or amend at any time.
6. Account and Password
You are responsible for any and all activity that occurs in your account. If you think that someone other than you has gained access to your account, you must notify us immediately at email@example.com.
You must keep your User Name and password confidential and you agree not to disclose it to any third party.
We have the right, at our sole discretion, to disable User Name or password, whether chosen by you or allocated by us, at any time.
7. Registered Services Available on the Site
We make certain services available to Registered Users of the Site, as set out below (collectively, the “Registered User Services):
- You may, without limitation, post comments on the Site, enter competitions, chat with other Registered Users, download screensavers or other software, and send branded material to friends.
The use of any of the Registered User Services by a minor is subject to the consent of their parent or guardian. We advise parents or guardians who permit their children to use the Registered User Services that they communicate with their children about their safety online.
8. User Information
Registered Users are solely responsible for any information, content or materials which they submit through the Site, whether names, personal information, ideas, creative concepts, other materials, information or data of any kind and in any format and other content you post on and through the Site (“User Information”).
We do not solicit nor do we wish to receive any confidential or secret information, content or material from you through the Site, through any of the Services, by email or in any other way. Any information, content or material submitted by you will be deemed not to be confidential or secret.
By submitting User Information to the Site you represent and warrant that the User Information complies with the Content Standards, that it is original to you and that no other party has any rights to it or that you have obtained all required consents and permits to enable you to submit the User Information to the Site and for it to appear on the Site.
We reserve the right to delay publication of User Information to the Site at all times for the purposes of our approval processes. We further reserve the right to remove any User Information or any other content from the Site at any time for any reason.
Registered Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the Site (e.g., comments, chat, bulletin boards), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Registered Users of the Site are encouraged to exercise caution when providing personal information.
To the extent permitted by law, we shall have no liability for any loss, damage or costs suffered by you as a result of the use or disclosure of any of the User Information. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information.
9. Grant of Licence
When you create, upload, post and send User Information to the Site, you shall retain ownership in the intellectual property rights of the User Information (to the extent that you owned such intellectual property rights to begin with).
By submitting or sending User Information to the Site or to Copa90, you grant Copa90 and any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (the “Group”), the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in User Information have been irrevocably waived in favour of Copa90 or our Group.
10. Proprietary Rights
Copa90 is the owner and/or authorised user of any trade mark, and/or service mark appearing on the Site, and it is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a licence to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as expressed permitted herein or otherwise approved by us in advance in writing. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided in these Terms and Conditions or as permitted on the Site. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of England and Wales or other countries or territories and may be subject to liability for such unauthorised use.
We do not grant any licence or other authorisation to any user of our trade marks, service marks, other copyrightable material or any other intellectual property, by including them on the Site or otherwise. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the internet, including, without limitation, a computer, software, a modem and a means of connecting to or accessing the internet. Copa90 shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
13. No Confidentiality
You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or secret.
We will have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or is in connection with other illegal activity.
14. Registered User Conduct
By registering on the Site to become a Registered User, you warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any information, content or materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability, or (e) contain a virus or other harmful component or similar computer code designed to adversely affect the operation of any computer software or hardware, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorised access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under the copyright laws of England and Wales.
The views expressed by others on the Site do not represent our views or values. We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that you make on the Site which, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold Copa90 and our Group, its or their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials or through the Site by you.
15. Content Standards
Whenever you make use of a feature of the Site that allows you to upload content or User Information to the Site, or make contact with other Registered Users, you must comply with the standards set out below (collectively, the “Content Standards”), which shall apply to each part of any contribution as well as to its whole. You must comply with the spirit and the letter of the following standards.
Content or User Information which you contribute to the Site must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with all applicable laws;
- not contain any material which is, or could reasonably be considered to be hateful, defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic or that incites violence or contains nudity or graphic or gratuitous violence or depicts any illegal activity;
- not be likely to harass, upset, embarrass, alarm or annoy any other person;
- not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- not include any material which infringes upon the rights of any third party including, without limitation, intellectual property rights, privacy, publicity or other personal or proprietary right;
- not contain any content that is deceptive or fraudulent;
- not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- not give the impression that the content emanates from us (if this is not the case);
- not contain any content that references ammunition and/or firearms or the sale of tobacco products; and
- not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any contribution made by you to the Site does comply with these Content Standards and you will be liable to Copa90 and indemnify us and the Group for any breach of that warranty. This means that you will be responsible for any loss or damage that we suffer as a result of your breach of warranty.
Failure to comply with these Content Standards will be deemed a material breach of the Terms and Conditions and we may take any such action as we deem appropriate, including, but not limited to, the immediate, temporary or permanent withdrawal of your right to use the Site, the immediate removal of any posting or material uploaded by you to the Site, taking legal action against you, or disclosing information to law enforcement authorities as we reasonably feel is necessary.
16. Prohibited Uses
You may not use the Site:
- in any way that breaches any applicable, local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
- to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms and Conditions; nor
- to access, without authority, interfere with, damage or disrupt any part of the Site or any equipment, software or network owned or used by us in connection with the Site.
17. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COPA90 DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COPA90 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COPA90 OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
18. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT SHALL COPA90 OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL OR LOSS OF BUSINESS, EVEN IF COPA90 OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL COPA90 BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF COPA90 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, DELICT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, £100.00.
19. Governing Law
We control and operate the Site from our offices in the United Kingdom. In all matters relating to the Site and these Terms and Conditions, the governing law shall be the law of England and Wales. All visitors to the Site and Registered Users of the Site agree to submit to the exclusive jurisdiction of the English Courts.
The laws of England and Wales will govern your use of the Site. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Modifications to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the General Services, the Registered User Services, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
21. Copyright Act Agent
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information in writing (which shall be deemed to include by email) to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information that you provide is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
General CounselCOPA90Exmouth House, 3-11 Pine Street,Clerkenwell, London EC1R 0JHUnited KingdomSite Administrators: firstname.lastname@example.orgLast Updated: April 2016