Website Terms of Use
1. The “Terms of Use” referred to here are in respect of the Terms of Use of the website www.productmafia.com exclusively.
1.1 These Terms will preside over your use of the site and you are bound by them during your time on the site, as though you have signed them, if you do not agree with them you must leave the site.
1.2 Please read them carefully and ensure you understand the details of the “Terms of Use” prior to accessing the site. These terms cover all of the content, information, emails, newsletters, videos and any associated communication to or from the site from us and you.
1.3 When you use the site you are confirming you have read and understood these Terms. You are then legally bound by them, whether a visitor or as a member .
1.4 By using the website you represent and warrant that you are a legal person, over the age of 16 and are entitled to use the site. If you do not meet this criteria you must leave the site immediately unless and including those who are under the age of 16 and have the express permission of their Parent or legal Guardian. Any persons under the age of 16 without this permission may not use this web site.
1.5 We value your privacy please read our Privacy Policy which can be seen on our site ww.www.productmafia.com “Privacy Policy” and understand how we use your personal data, your continued use of this site confirms that you have read, understood and consented to that policy.
1.6 The use of this web site is also subject to our User Terms and Conditions please read them carefully as you are deemed to have read, understood and agreed to its content by your continued use of this website as a user. They will be provided to you when you join as a member of the services offered.
2. Our Website and its content and your use of it.
2.1 All images,(including any videos, photo’s, artwork, audio or other multi media content ) and articles on this site will be credited to the original author if it is not ourselves, ( which will also be noted ) no copying of any sort of any of the images, content, software or technical elements such as meta date and code is permitted.
2.2 The images and content are fully protected under copyright laws and may have proprietary rights attached to them. Such proprietary rights may be but not exclusively Intellectual Property Rights.
2.3 Should you breach in any way these rights by reproducing, copying or in any other such way we, or the owner of the rights, may prosecute to the fullest extent of the law.
2.4 Your access and use of this website the content and resources offered on the site, including any resources and use, that you may make use of are done so strictly in accordance with these Website Terms of Use.
2.5 You will not during your use of this site, this to include its content and the resources offered and made available by its use, use such content and resources for any purpose other than your own personal, private use and not for any form of outside commercial use or for the benefit of any third party other than your own private use.
2.6 You will not use this site including its contents and the resources offered by it for any unlawful or prohibited purpose.
2.7 You will not, in respect of the content and the resources available on the site, reverse engineer, transfer or participate in the transfer, modify, publish or copy, or in any other such way exploit commercially the content or resources other than permitted by these Terms.
2.8 This website may provide as a service links to various other websites which in our reasonable opinion may be of interest to you. These websites their content, products and resources may be affiliated, but are not in any other way connected with or any part of this website and we have no liability or responsibility for any of the content, products or resources shown or offered on them whatsoever.
2.9 You agree and acknowledge that any liability, losses or damage, suffered either directly or indirectly by your use of this site is not our responsibility however they arose.
2.10 In granting these rights to use the website you do not have nor do we grant any rights to breach any patents, trademarks, copyrights or intellectual copyrights held. You must confirm for yourself the position prior to any content use. You and only you will be liable for any such breach or breaches. Neither do these rights allow the republication of any content or images which we may not be the copyright, agent or Intellectual Property Right holder of this unless and where we, or they, grant a specific right to do so.
2.11 In using the site you acknowledge and agree that you will not in any way defame, abuse, stalk or harass or otherwise violate any or all legal rights of any other such person using or published on the site.
2.12 We reserve the right to terminate your membership at any time any user whom we deem is abusing the use of the site in any way or for any reason without prior notice. To the user or member whom we deem should be terminated from the site there will be no right of appeal, our decision is final and unappealable.
2.13 Unless otherwise allowed by the Terms of Use of this site, this in reference to the registered member of the service or as a visitor, no use, other than for personal use, of any materials is permitted. No user or site visitor shall breach, interfere or alter any matter on the site such as, copying, rewriting, modification, publication or any other such matters of the content this to include removal or alteration of it, is strictly forbidden and in breach of these Terms. Any such breach will be considered to be a material breach.
2.14 If you access this site from locations outside the UK and the Republic of Ireland, you are responsible for compliance with local laws where they are applicable.
3. Guarantee of Accuracy.
3.1 You understand and agree that it is a personal service based website. It is intended to provide general information and make available entertaining and related content and services.
3.2 The information on this site could contain errors or inaccuracies and it is your sole responsibility to confirm or otherwise the truth of the content on the site. We do not accept any responsibility nor offer any warranty as to the accuracy, content or the reliability of the information contained within the site.
3.3 We exclude all and any liability in respect of the content and its inaccuracy or errors contained on the site and you acknowledge and agree to this term expressly.
3.4 In following any of the content of this site you fully understand that any results that are set forth on this site are as a result of your own efforts. Your position and situation and many other factors are beyond the knowledge and/or control of us.
3.5 You acknowledge and agree that others may attest to different results as your own and that there is no guarantee given as to whether or not you can or will obtain those or similar results.
4. Warranties and liabilities.
4.1 We do not warrant the performance of the website, nor its operation.
4.2 We do not warrant in any way any of the content either expressly or implied as to its information, accuracy, or the materials or content. This to the fullest extent permissible by the law.
4.3 Whilst we provide, through a user name and email membership scheme, resources from the site you agree and acknowledge you have no-rights in respect of those resources, neither to reproduce, modify, alter, edit or in any way exploit the content or in any other ways other than for the purpose for which it is intended and detailed on the site.
4.4 You agree and acknowledge that any of the content and resources offered to you by the site may only be used by you and only for personal use and no other such use of them is permitted.
4.5 The content provided on the website is on an “as is” and “as available” basis only. We shall not be held responsible for your use of the information. Use of the site is at your own discretion. We will not be held responsible for any complaints in respect of the resources or content provided, whether used by you or others.
4.6 You agree to waive, fully, any liability or loss ( however caused ) that you may or any persons who may be associated with you may have suffered as a result of your use of this site. This to include but not exclusively the use of any information or the use of any resources contained on the website.
4.7 You acknowledge and agree that Product Mafia Limited shall not have any liability for all any type of damages however they arose to include but not exclusively incidental, direct or indirect, equitable, consequential, special or any other such type for you or any associated persons use of the site.
5. Affiliated Links on the site.
5.1 We may post Hyperlinks and affiliated Third Party links on our website.
5.2 In placing affiliate links on our site we confirm that we may earn commissions on qualifying purchases. Such links and their use of them may be limited to certain parameters such as geographical areas or other such restrictions.
5.3 Any denial of use is not our responsibility and you must look up the terms of the programme through the link.
6.Illegal use of or inappropriate comment on the site.
6.1 You may not take any action which may cause the site to overload, interfere with the proper use and working of the site, attempt to circumvent the access system of the site or use a password, email or user name which does not belong to you.
6.2 You may not add to the site any manual or automated software which in any way interferes with the working of the site or otherwise. This includes any form of scraping ( frame, extraction, harvesting or collection ) spider crawl on any page or pages of the site. You must not take any form of action which in any way or form breaches any of the Terms of Use ( including those terms which are linked to ) this site.
6.3 If there is the facility on the site to make comment or discuss the content we have set out below the guidelines for the use of this facility. In using the site you are bound by these Terms of Use and these guidelines;
6.3.1. You are solely responsible for the content of any comment you make.
6.3.2. We cannot guarantee the accuracy or reliability of the content of any comment made.
6.3.3. We bear no responsibility for the content, quality, legality, nature or any other such matter of any post to this website.
6.3.4. You acknowledge and agree that you will only post comments that are true and do not breach any known laws or regulations.
6.3.5. Any comment which is considered by us to be unfounded or in any way libellous will be removed from the site; it is your absolute responsibility to ensure that any comment made is true and honest.
6.3.6. You must make any comments under your own name and not the name of any other person.
6.3.7. If you post any personal information on a comment this is your own responsibility and not that of the company or any other person.
6.3.8. You must not post any personal attacks, defamatory, insulting or racists remarks. We reserve the right to delete or modify any posts which are in breach of any of the terms and guidelines of this site without reference to you. Though we are under no obligation to review any comments posted.
6.3.9. Once a comment is posted the material is considered to be our property you agree once you have made a comment on the site we can modify, correct and alter the comment without notice or liability to you. If you submit your email address on the comment it will be treated as per our Privacy Policy by us.
7. Changes to the Website its Content and Terms.
7.1 We reserve the right to change the Terms of Use of this website at any time without notice to you.
7.2 We will post any changes on the site and it is your responsibility when you use the site to ensure you read and regularly appraise yourself of the Terms of Use.
7.3. You must also ensure that your details as contained on the site are up to date at all times. This is your responsibility.
7.4 If a change to the website Terms of Use is considered to be material its effect will only be implemented after thirty (30) days from the date it was posted on the site, any other changes will have immediate effect.
8. Password.
8.1 You may be required use a username and password to access your account on our website, for your security and ours :-
8.1.1. Passwords must not be shared with anyone and must not be revealed or sent electronically.
8.1.2 Passwords should not be written down or physically stored.
8.1.3 Passwords should not be used to allow others access to your account or our site.
8.1.4 If you believe that your password has been compromised please contact immediately and report the issue.
8.2 Any breach of clause 8.1.1 and 8.1.3 shall have the effect breaching these Terms of Use and your removal from the site.
8.3 We shall not be liable for any actions or any damage caused, whatsoever by a breach of your password under this clause, how so ever breached.
9. General Terms.
9.1 We confirm that we will adhere to our terms in respect of your data as per our Privacy Policy however we can not give any guarantee as to the confidentiality of the information submitted over the internet. If such information is disclosed it is entirely your responsibility and you acknowledge and accept that we have no responsibility for that disclosure.
9.2 The use of this website and to any documents to which it refers, including these Terms of Use is to be considered the entire agreement any failure to enforce the Terms of this agreement by us cannot be construed as a waiver of any of the Terms of this agreement either now or in the future.
9.3 If any of these Terms are adjudged to be void, invalid or otherwise unenforceable by any court of competent jurisdiction such determination shall not affect any other part of the Terms of Use herein contained and they will continue to apply.
9.4 In these Terms of Use there are words which are capitalised. This means that they have a specific meaning for example Privacy Policy refers to the Privacy Policy of Product Mafia Ltd only and no other privacy policy.
10. Dispute Resolution
We aim to settle any dispute quickly and amicably by the following means:
10.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the services or use of the site (collectively, “Disputes”), which cannot be settled amicably within 30 days, shall be submitted to arbitration and will be settled by binding arbitration.
10.2 If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.
10.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR ) will be made and his/her
recommendations will be adopted.
10.4 You and Us agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
10.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.
10.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
10.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
10.8 Except as provided in clause 10.4, this “Dispute Resolution” section will survive any termination of these Terms.
11. The Laws and jurisdiction which Govern this Agreement.
11.1 The use of this agreement and its Terms of use shall be governed and construed under the laws of England and Wales.
11.2 You agree that all and any proceedings connected with this agreement shall be dealt with exclusively by the Courts of England and Wales.
