SKILLSMATTER.COM WEBSITE TERMS
Effective from 28 January 2014
1. WHO ARE WE?
1.1 SkillsMatter.com is owned and operated by Skills Matter Limited, a company registered in England and Wales under registration number 04955555. Our registered office is 2 Mill Road, Haverhill, Suffolk CB9 8BD United Kingdom (from now on, "Skills Matter", "we", "our" and "us").
1.2 Skills Matter supports a community of 35,000 software professionals with the learning and sharing of skills to write better software. We arrange hundreds of meetups, talks, conferences, skillscasts and workshops courses and events, In-The-Brain sessions, Hackathons and other types of events, and provide SkillsCast recordings, articles or online content to our community every day.
2. WHAT THESE TERMS ARE FOR
2.1 These terms govern the use of the SkillsMatter.com website ('our website') by our customers, browsers, users and registrants (from now on, "You") (the "Terms").
2.2 You are required to accept them completely. If You do not accept these Terms completely, then You must not use or continue to use our website. By accessing or continuing to access any part of our website, You consent to be bound by these Terms as they are updated from time to time at the time of Your use.
2.3 You should check for any changes to these Terms each time You access the website as changes will be legally binding upon You when we post them (any prior rights and obligations that may apply with respect to Your use of our website will be superseded by the changes), whether or not we provide You any other notice of such changes.
2.4 We will indicate the effective date of the currently applicable Terms at the beginning of the Terms.
2.6 If You choose to attend one of our meetups, talks, conferences, skillscasts, workshops courses, events, In-The-Brain sessions, Hackathons or order / download or use our SkillsCast recordings, articles or other online content, the additional terms and conditions that relate to those services are contained in our General Terms and Conditions of Supply.
3. ARE YOU UNDER 18 YEARS OF AGE?
3.1 You confirm that You are 18 years or old or above. If You are not, then You must not use this website without Your parent's or guardian's consent.
4. YOUR USE MUST BE LAWFUL
4.1 You confirm and undertake to Skills Matter that You will not use our website or services for any purpose that is unlawful or prohibited by these Terms.
4.2 You warrant, represent and undertake to us that You are responsible for the integrity of Your Content which You agree is true, complete and accurate to the best of Your knowledge and belief and that You will promptly update or correct any of Your content on becoming aware of any errors or inaccuracies and will provide us with such assistance as we may reasonable require to identify and remedy any unauthorised use of Your Content.
4.3 You agree that You are financially responsible for all uses of this website by You and by those You allow to use Your log-in and account information.
4.4 You agree that Skills Matter may in its absolute discretion at any time and without notice to You remove, cause to be removed or decline to display any of Your Content on our website or any other website. You further agree that Skills Matter will be under no obligation to monitor or censor any of Your Content that appears on our website or on other websites via our services but that we reserve the right for itself to do so.
5. YOUR OBLIGATIONS
5.1 In addition to Your obligations as set out above under "YOUR USE MUST BE LAWFUL", You: (a) warrant, represent and undertake that You have the necessary authority to upload any content which You upload as Your Content and hold the necessary licences, consents and authorities to use, display and reproduce and publish Your Content to grant Skills Matter the licence set out below in "LICENCE AND INTELLECTUAL PROPERTY RIGHTS"; and
(b) agree to read and abide by all notices posted on our website from time to time that are relevant; and
(c) agree to abide by all applicable laws and regulations and that You will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
5.2 We use all reasonable efforts to ensure that this website is free from software viruses. However, we cannot guarantee that Your use of this website (and the Content on it) will be virus-free. It is Your responsibility to ensure that the computer or other device with which You may access the website has appropriate virus screening software. You agree that You will note transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious or harmful code or use any items of a destructive nature, or compile or use any Content for the purpose of spamming or to promote or facilitate disruptive commercial messages or advertisements.
6. LICENCE AND INTELLECTUAL PROPERTY RIGHTS
6.1 Licence to us of Your Content: By submitting, posting or displaying any of Your Content on our website or through Skills Matter, You give us a worldwide, sub-licensable, transferable, non-exclusive, perpetual, royalty-free licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of Your Content for the purposes of enabling us to provide You with Skills Matter's services in accordance with these Terms or to further develop and market Skills Matter's services.
6.2 Intellectual property rights:
(a) Our ownership
(i) All rights, including copyright and other intellectual property rights, in and to the Skills Matter Trade Mark, any Skills Matter services or Content and our website are owned by or licensed to Skills Matter. Our entire website is subject to copyright with all rights reserved.
(ii) If You acquire any copyright or other intellectual property rights in the Skills Matter Trade Mark, any Skills Matter services or Content or our website (whether by operation of law or otherwise), then You agree to assign those rights to us (including any rights You may have in user generated content that You submit through our website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights You acquire in or to the Skills Matter Trade Marks, the Skills Matter services and Content and our website and You agree to execute all documents and do all acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights You acquired.
(iii) No permission is granted by us for You to copy, distribute, modify, create derivative works from, post or frame any text, graphics, video, audio, software code, or user interface design or logos from our website. You agree that You will not copy, publish, transmit, license, rewrite for broadcast or publication or redistribute in any medium any of our Content without our prior written permission. You may not transmit, display, perform, reproduce, publish, license, transfer, or sell any of our information or Content, software, products or services obtained from our website. Other than is expressly provided in these Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Skills Matter, its licensors or any third party. Any rights not expressly granted to You by these Terms are reserved by us or our suppliers.
(iv) You agree that You will not take any action inconsistent with Skills Matter's ownership of our website and/or Skills Matter's Content.
(b) Your ownership
(i) As between Skills Matter and You: (i) Skills Matter retains all rights, title and interest in and to all intellectual property rights embodied in or associated with our software and services, Skills Matter's Content, Skills Matter's website, and any Content Skills Matter created or derived there from; and (ii) You retain all rights, title and interest in and to all intellectual property rights embodied in or associated with Your Content in accordance with these Terms.
(ii) You warrant, represent and undertake to us that Your Content will comply with all applicable laws in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever.
(c) Attribution, Publicity, Promotional and Marketing Use
(i) You understand and agree that Skills Matter has the sole discretion to determine any attribution(s) and use of Skills Matter Trade Mark.
(ii) You will not make any statement which suggests You are in partnership with, sponsored by or endorsed by Skills Matter without our prior written approval.
(iii) In the course of promoting, marketing, or demonstrating our services, You agree that Skills Matter may produce and distribute incidental depictions, including screenshots, video, images or other parts of Your Content and if You provide feedback or suggestions about us, then we may use such information without obligation to You. You grant us all necessary rights for these purposes.
7. REGISTERING AN ACCOUNT WITH US AND DELETING IT
7.1 You will need to register to create a Skills Matter account in order to register for, or order and pay for Skills Matter services. You agree that any information that You give to us about Yourself for Your account will always be accurate and up to date (including Your email address and other required contact information).
7.2 We may use a third party to perform billing services or credit card processing services on our behalf in connection with Your Skills Matter account.
7.3 To continue to use Your Skills Matter account or some Skills Matter services, You may be required by us from time to time to provide certain additional information (such as authentication, identification or additional contact details). Skills Matter may discontinue Your access to or use of any Skills Matter services if Your contact information is not accurate or up-to-date or You do not respond to our communications directed to verifying Your information.
7.4 If You are:
(a) under 18 years of age; or
(b) a person barred from using or receiving Skills Matter's services under the applicable laws of England and Wales or any other countries (including the country in which You are resident or from which You intend to access or use the website or any other Skills Matter services),
(c) then You must not register to create a Skills Matter account or access or use our website or Skills Matter services or agree to accept these "REGISTERING AN ACCOUNT WITH US" terms.
7.5 If You would like to delete Your account, please contact us directly using the email address that you used when you registered with Skills Matter, and we'll endeavour to suspend or deactivate your account promptly after receiving your request.
8. LINKS TO THIRD PARTY'S WEBSITES
9. OUR LIABILITY TO YOU
9.1 Amount: In the event of a problem arising, our liability to You, if any, is limited to the amount of fees (if any) that You paid to us.
9.2 Credit and debit card transactions: Skills Matter makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorised charges appear on Your credit card or debit card statement for any card used on or through this website at any time during or after You conduct Your transaction with us or disclose Your card details to us on this website, Skills Matter will not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by You arising from or in any way connected with that use, transaction or disclosure, subject only to any statutory rights which You may have.
9.3 Errors and omissions etc: We do not warrant that the information published on this website will be error free and in using this website You acknowledge that the course and conference/event details and all other information including information relating to them published on this website may include inaccuracies, mistranslations or typographical errors.
9.4 Types of loss and damage not claimable from us:
(a) Neither Skills Matter nor any of its directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives will be liable for any loss or damages arising out of or in connection with Your use of any information, products, services, materials and/or courses, conference/events offered through this website including but not limited to any loss of data, income profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or damages even if Skills Matter has been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
(b) You also agree that Skills Matter and providers of data processing, network and telecommunications services to Skills Matter will not be liable to You for any losses or damages arising from Your use or inability to use this website or our services and You agree to waive any and all claims in relation to that use or inability to use (whether based on contract, tort or any other grounds).
(c) This website is made available to You only on a "as is" basis. To the maximum extent permitted by law, Skills Matter accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, defraud, theft, technical failure, error, omission, interruption, deletion, defect, delay or any occurrence beyond its control which comprises or affects the administration, security, fairness or the integrity or proper conduct of any aspect of this website.
9.5 Nothing in these Terms shall limit or exclude our liability for:
9.5.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
9.5.2 fraud or fraudulent misrepresentation; or
9.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.6 This clause 9 and clause 10 shall survive termination of these Terms.
10. DISCLAIMER AND INDEMNITY
(a) You agree to indemnify and hold Skills Matter, its directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your use of the website or Your Content.
(b) All use by You of this website is at Your own risk and You assume complete responsibility for all risk or loses or damage, including any resulting from Your downloading, uploading and/or use of or referring to or relying on information, products, properties, services or materials provided on this website or any other information obtained from Your use of our website.
(a) Skills Matter makes no representations, warranties or undertakings that this website or the server that makes it available will be free from defects including but not limited to viruses or other harmful elements.
(b) To the maximum extent permitted by law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of our services, information and/or Content on this website including without limitation their accordance, their completeness or their merchantability, quality or fitness for a particular purpose.
11.1 Skills Matter's failure to enforce at any time or for any period any one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by us unless we waive it in writing.
12.1 These Terms and Your use of this website are governed by the laws of England and Wales.
12.2 You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this website each time You access the website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation to this paragraph.
12.3 You agree that no joint venture, partnership, employment, or agency relationship exists between You and Skills Matter as a result of these Terms or Your use of this website.
12.4 Skills Matter's performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Skills Matter's right to comply with law enforcement requests or requirements relating to Your use of this website or information provided to or gathered by Skills Matter with respect to such use.
12.5 If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
12.7 A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12.8 Although Skills Matter cannot monitor Your or anyone else's conduct offsite, it is a violation of these Terms to use any information obtained from this website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
12.9 Any terms in these Terms that by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between us and You.
12.10 You acknowledge and agree that each affiliate of Skills Matter shall be a third party beneficiary to these Terms and that such other parties shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms and except as expressly stated a person who is not a party to these Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
12.11 You may not assign or transfer Your rights or obligations under these Terms. Skills Matter may assign any contract between us and You to a third party.
12.12 Any notices to Skills Matter must be sent in writing to our registered company headquarters address as set out on our website via first class or air mail or overnight courier, and is deemed given upon receipt.
13. DEFINITIONS AND INTERPRETATION
13.1 The headings used in these Terms are for convenience only and will not affect the meaning or scope of these Terms or otherwise be given other legal effect.
13.2 If there is a conflict or ambiguity, then the terms set out in any Specific Terms shall prevail over these Terms. 13.3 "Content" means all of the information stored on and retrieved from Skills Matter's databases including any software code and the content on our website.
13.4 "Skills Matter services" means our provision of Skills Matter's Content and any services which Skills Matter may make available to You.
13.5 "Skills Matter Trade Marks" means the unregistered trade mark for "SKILLS MATTER", and our logo and such other trade marks, trade names, service marks, logos and company names that Skills Matter may develop from time to time.
13.6 "Specific Terms" means our additional terms and conditions that relate to specific Skills Matter services such as our meetups, talks, conferences, skillscasts and workshops courses and events, In-The-Brain sessions, Hackathons and other types of events, and SkillsCast recordings, articles or other online content provided to our community every day. website-terms-of-use.txt