More information about our terms and conditions
Terms and Conditions of the use of the Elemental Website
These are the terms and conditions of Elemental Communications Limited’s (“Elemental”) Website. These Terms and Conditions apply when you access http://www.elementalcomms.co.uk (“Elemental”). These Terms and Conditions are for your benefit and you should read them before continuing to use the Elemental website.
Having read them, if you find you cannot agree to them, you must not use our website. If, however, you agree to them unconditionally, (as we are sure that you will) please continue on and use Elemental. Your use of this website implies your agreement to these terms.
Elemental may amend these terms and conditions at any time by posting the amended terms and conditions on the Website and directing registered users to such changes by email.
1. Individuals that use the Elemental site
1.1 To use some our services you must have capacity to form legally binding contracts under the laws of England and Wales. If you are an individual user (as distinct from a corporate user) you must be over the age of 18. If you fall outside of these requirements, you are not permitted to use our services and no contract will be formed between you and Elemental and any services extended to you, as a user will be terminated.
2. Formation of Contract
2.1 As stated above, in order that a legally binding contract can be formed between Elemental and a user eligible under clause 1.1 above, the user is required to accept these terms and conditions unconditionally by clicking the 'I accept' checkbox during any registration process.
2.2 Elemental, in its absolute discretion reserves the right to refuse, suspend or cancel the usership of any user.
2.3 In consideration of Elemental agreeing to the user's use of Elemental and its Services (as defined in clause 3.1 below), the user agrees to comply with these terms and conditions.
3. User Information
3.1 "User Information" is defined as any information provided by you to Elemental or other users during registration, in any public area, through feedback or any e-mail or form features.
3.2 User Information and conduct (or any items listed therein) shall not:
3.2.1 be false, inaccurate or misleading
3.2.2 be fraudulent or involve the sale of counterfeit or stolen items
3.2.3 infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
3.2.4 violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
3.2.5 be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
3.2.6 be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material
3.2.7 contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
3.2.8 create liability for us or cause us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers
3.2.9 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
3.2.10 post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user
3.4 You are responsible for all statements made and acts that occur through the use of your usership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. Elemental may at any time, and at its sole discretion, terminate your usership without prior notice to you for violating the above provisions.
3.5 While Elemental cannot review all transmissions by users, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Elemental, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to any part of Elemental and SMP) that we deem inappropriate or that violates any of this agreement.
4. Elemental Blog
4.1 The Elemental Blog is managed and edited by employees of Elemental acting in their own capacity (the “Independent Editors") and as such the Independent Editors are not representing Elemental and its views. Elemental concedes that even its employees’ comments in the Elemental Blog may not at times be completely accurate and as such, users should treat any information contained in the Elemental Blog as only indicative and should not rely upon such information without their own independent research.
4.2 Elemental does not control or edit any of the information or views set out in comments to the Elemental Blog made by users and accordingly Elemental does not warrant or guarantee the validity, accuracy or reliability for such information or views expressed by users on the Elemental Blog. Elemental does not endorse or advocate any of the information or views set out on any part of the Elemental Blog, which are not the views of Elemental.
4.3 Elemental carries out limited review and it exercises limited editorial control over the Elemental Blog. Accordingly all Elemental's liability or responsibility for the content of the Elemental Blog and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law subject that Elemental's maximum liability for such material shall be strictly limited to removing any material which is reasonably notified in writing to Elemental as infringing the rights of others or otherwise illegal.
4.4 You acknowledge the risk of intellectual property rights infringement and breach of confidentiality relating to any material you submit to the Elemental Blog. You, therefore, warrant and represent that you own all intellectual property rights in such material and that such material shall not:
4.4.1 reproduce images or text copied in whole or in part from other sources;
4.4.2 be confidential information owned by a third party;
4.4.3 be false, fraudulent, inaccurate or misleading;
4.4.4 infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
4.4.5 be defamatory, libellous, unlawfully threatening or unlawfully harassing;
4.4.6 be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;
4.4.7 contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
4.4.8 create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
4.4.9 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
4.5 You shall fully indemnify Elemental for any claims or damage (including legal costs) for any of the warranties set out in the terms and conditions clauses.
4.6 To enable Elemental to permit the unreviewed publication of the Elemental Blog on the Elemental site, such that we are not violating any rights you have in that information or material, you agree to grant Elemental a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use the copyright, publicity and other intellectual property rights you have in such information and material for solely for the purpose of permitting its publication on Elemental.
4.7 If Elemental becomes aware that any material displayed on the Elemental Blog is or may be in breach or probably breach any of the terms and conditions set out above it shall have the right to delete it. Accordingly, we invite you to report to Elemental any material on the Elemental Blog we you believe may breach the above terms and conditions.
4.9 Sharing content
Most of Elemental’s content and materials are shared under a Creative Commons (cc) attribution licence, which means users are free to use content you find on its website providing you acknowledge where it came from clearly and, if it is possible, by linking either to the Elemental homepage http://www.elementalcomms.co.uk, or the page the content was published.
You do not have to contact Elemental by email or telephone to advise where the content and been re-used or published, but pointing us in the right direction would be appreciated.
Exceptions to this would be any material that has a copyright symbol (©), or an explanation by Elemental to inform you that the content is licensed in a different way (and therefore must be treated as described).
4.10 Sharing third party content
5. Your Use of Elemental
5.1 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Elemental’s infrastructure.
5.2 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Elemental.
5.3 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Elemental.
6.1 Without limiting other remedies, Elemental may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of its site and refuse to provide the Services to you if:
6.3 Elemental are unable to verify or authenticate any information you provide to us; and
6.4 Elemental believe that your actions may cause legal liability for you, our users or us.
7. No Warranty
7.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the user's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Elemental and other parties involved in creating, producing or delivering Elemental expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.
8. Liability Limit
8.1 In no event shall Elemental or its suppliers be liable for any direct, indirect or consequential loss (however arising, including as a result of negligence) arising out of or in connection with this agreement including the use of Elemental or the Services except where and to the extent that applicable law prohibits such exclusion or limitation.
8.2 Elemental shall not be liable or responsible in any way for any damage caused by any misuse of Elemental by you or any third party, or caused by any of the Services.
8.3 Elemental shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these terms and conditions at any time in writing which amendments will be deemed to be agreed by you on your continued use of Elemental and the Services.
9.1 You agree to indemnify, defend and hold harmless Elemental and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
9.2 Elemental is not responsible for the content of external Websites.
10. Legal Compliance
10.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
11.1 All notices required to be served on Elemental shall be sent to the contact address or email address stated at the bottom of these Terms and Conditions or as otherwise notified on Elemental from time to time for such purpose.
11.2 Subject to the terms and conditions herein, copyright and all other intellectual property rights subsisting in each and every piece of information provided on Elemental and the Elemental Blog is owned by Elemental or the third party providers of such information. Elemental reserves the right in accordance with the licence granted under these Terms and Conditions to license and republish the material contributed by you.
11.3 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
11.3.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Elemental's or the relevant licensee's prior written permission;
11.3.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Elemental Services without Elemental's or the relevant licensee's prior written permission;
11.3.3 display, publish, copy, print, post or otherwise use the Elemental Services and the information contained therein for the benefit of any other website without Elemental's or the relevant licensee's prior written permission;
11.3.4 process or otherwise use the information contained on or within the Elemental Services for any illegal or immoral purpose nor use or process the same unfairly.
11.4 You agree and accept that Elemental may publish or otherwise distribute User Information and you therefore grant to Elemental an irrevocable, perpetual, non-exclusive right and licence to publish User Information and all content contained therein on or within SMP, on any other media whatsoever and in its own advertising and promotion.
11.5 Elemental, the Elemental logo, SMP and the SMP logo are trade names or trademarks of Elemental, the use of which is expressly forbidden by any other persons without the express permission of Elemental.
11.6 Elemental makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Elemental Services please contact Elemental at the address below.
12. Intellectual Property Infringement
12.1 Users might share messages and information that they have copied from other sources. As there are many thousands of possible sources of various nature spread out across the Internet, it is impossible for Elemental to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
12.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Elemental immediately. Elemental accepts no liability for copyright or trade mark infringement or any other infringement of a third party's intellectual property rights by any of its users, though Elemental will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.
13.1 This Agreement shall be governed in all respects by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England. Except in the event of arbitration, the parties hereby submit to the jurisdiction of the English courts.
13.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these terms and conditions and the remaining provisions shall remain in force. Elemental's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
13.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Elemental to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other users do. Elemental does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
13.4 Elemental does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Elemental. Please do not assume that such items offered will be harmless to people or property.
13.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country.
13.6 However, note that your country (and/or that of any user you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that user (later).
For your information we list below the contact details of Elemental:
Elemental Communications Limited, Registered address: Lincoln House, 75 Brokesley Street, London, Greater London, E3 4QJ, England, United Kingdom (UK). Telephone: +44 (0)843 208 4592, Fax: +44 (0)843 208 4593.
Company Number: 04192923, VAT Number: GB 893 5571 78
Alternatively, there is our contact form.