Please read these terms carefully because they apply to you (the “User”), your use of all of the websites that Neos Chronos Limited operates (collectively, the websites to which these terms apply, the “Websites”). Websites include, but are not limited to, the websites operated at neoschronos.com and runnymarmalade.com collectively, together with all sub-domains thereof.
Neos Chronos Limited (“We” “NC” or “Neos Chronos”) is a company registered in England & Wales, number 8407585. Our registered office address is: 5a Frascati Way, Maidenhead, SL6 4UY, United Kingdom. See also our contact details.
Unless otherwise agreed in writing with Neos Chronos, your use of any Website will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms”.
In addition, your use of any Website may also be subject to the terms of any legal notice applicable to the Website, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms”. Where Additional Terms apply to a Website, these will be accessible for you to read either within, or through your use of, that Website.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Neos Chronos in relation to your use of the Websites. Collectively, this legal agreement is referred to below as the “Terms”. If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website to which the Additional Terms apply.
YOUR ACCESS OR USE OF ANY NEOS CHRONOS WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website. If you do not agree to the Terms, you are not authorized to use any Neos Chronos Website.
From time to time, Neos Chronos may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. Your continued use of any Website after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
Neos Chronos makes the Websites available to you on the Terms. You may only use the Websites in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website.
Using the Websites or sending Neos Chronos an email does not create an contractual relationship. In particular but without limitation, use of any of Neos Chronos Content (defined in Section 8, below) provided on or through the Website(s) does not create a contractual relationship. You are advised to consult with Neos Chronos before using the Content. Neos Chronos provides all Websites, and all information on an “as-is” basis. Neos Chronos makes no warranties regarding any information, tools or licenses provided on or through the Websites, and disclaims liability for damages resulting from their use.
The Websites are hosted in the European Union. Neos Chronos makes no representations that the Websites are appropriate or available for use in other locations. If you are accessing or using any Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content hosted on websites located outside of the European Union. See sections Third Party Websites and Content; Links and Social Networks below.
Users agree not to use the Websites in any manner that could disable, overburden, damage or impair such Website, or interfere with any other party's use and enjoyment of any Website.
With the exception of Neos Chronos software, intellectual property rights, and trademarks, all material, data and information, such as data files, written text, software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) owned by Neos Chronos and made available on the Websites is licensed under the Creative Commons Attribution 4.0 International License, unless marked otherwise. You are free to use and adapt this Content for your own purposes as long as you visibly acknowledge Neos Chronos as the source in any derivative work.
Your Content: you retain the copyright in your Content that you provide. You may only submit Content to Neos Chronos that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you with Neos Chronos, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 18 years of age. Neos Chronos may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Neos Chronos determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Neos Chronos does not endorse or support any Content it received from you directly or from any other third party on or through the Websites.
The Websites may contain links to websites not controlled by Neos Chronos (“Third Party Websites”), as well as Content belonging to or originating from persons or organisations other than Neos Chronos (“Third Party Content”). Neos Chronos, at its own discretion and wherever it deems it necessary, will use reasonable efforts to mark such Third Party Content by positioning a symbol (¹) after each link on Neos Chronos Website. You acknowledge that Neos Chronos (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
Neos Chronos has registered accounts on the following Third Party Websites: Twitter, LinkedIn, Facebook, Google+ and Disqus (collectively “Social Networks”). You understand and agree that all terms under sections User Conduct, Terms Relating to Content on the Websites, and Third Party Websites and Content; Links. of these Master terms apply for Content owned by Neos Chronos and published by Neos Chronos on those Social Networks.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEOS CHRONOS OFFERS THE WEBSITES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEOS CHRONOS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS HOSTING NEOS CHRONOS WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEOS CHRONOS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL NEOS CHRONOS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE NEOS CHRONOS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE NEOS CHRONOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEOS CHRONOS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES, FOR YOUR USE OF THE WEBSITES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES OR OTHERWISE RELATING TO THE WEBSITES.
You agree to indemnify and hold harmless the Neos Chronos Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Neos Chronos Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites and the Content you make available via any of the Websites by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
The Websites may contain trademarks, service marks, logos and other names that are the property of Neos Chronos or such other party as indicated with respect to that name or icon. The use of current or future Neos Chronos' trademarks requires license agreement, and it is only allowed on the condition that the licensee use the mark solely to point to a Neos Chronos deed on the Neos Chronos website; and provided that, to the extent the licensee is using the mark in an online environment, licensee does not alter any logo(s) or remove the hyperlink(s) embedded in such logo(s) as made available on Neos Chronos website. Neos Chronos retains full, unfettered, and sole discretion to revoke any trademark license for any reason whatsoever or for no specified reason. Neos Chronos is particularly likely to revoke said license if, in its full, unfettered, and sole discretion, it finds that licensee's use of the mark is likely to bring disrepute to licensor or its mark.
These Master Terms and any Additional Terms will continue to apply until terminated by either you or Neos Chronos as set out below. Your right to access and use the Websites terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites.
Neos Chronos may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites, or any portion of the Websites, for any reason; (b) modify or change the Websites, or any portion of the Websites, and any Master Terms, Additional Terms and other policies governing the use of the Websites, for any reason; (c) interrupt the operation of the Websites, or any portion of the Websites, for any reason, all as Neos Chronos deems appropriate in its sole discretion.
Your access to, and use of, the Websites may be terminated by you or by Neos Chronos at any time and for any reason. Neos Chronos will use reasonable efforts to notify you in advance about any material modification, suspension or termination by Neos Chronos that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
These Master Terms and any Additional Terms are governed by and construed by the laws of England and Wales, in the United Kingdom, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Neos Chronos and you concerning these Master Terms, any Additional Terms, and/or any of the Websites shall be brought in a court of competent jurisdiction sitting in England, United Kingdom, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Neos Chronos as a result of these Master Terms, any Additional Terms, or your use of any of the Websites. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Neos Chronos relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Neos Chronos from time to time) between you and Neos Chronos. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.