Website Terms of Use
Terms last updated Dec 12, 2022
Rated Labs Ltd is a company incorporated in England and Wales (company number 14036060, VAT number 421887483), with its registered address at 12 New Fetter Lane, London, England, EC4A 1JP (“Rated”). Rated owns and operates the website at the following URL https://rated.network (“Website”).
1. Understanding these Terms
1.1. These terms of use (these “Terms”) describe how you may access and use the Website. By accessing and using the Website you acknowledge and agree to these Terms. If you do not agree to any of these Terms you must not access and use the Website.
1.2. When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of the sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3. In these Terms, when we refer to “we”, “us”, or “our” we mean Rated; and when we refer to “you” or “your” we mean:
1.3.1. you, the person accessing and using the Website; and
1.3.2. where applicable, the business on whose behalf you are acting.
Please note:
1.3.3. if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a “consumer”; or
1.3.4. if you are acting for purposes relating to your trade, business, craft, or profession, then you are acting in the course of a business (a “Business User”).
1.4. If you are acting on behalf of your employer or another business when you access and use the Website you represent and warrant that:
1.4.1. you have full legal authority to bind your employer or that business; and
1.4.2. you agree to these Terms on behalf of the employer or business that you represent.
1.5. Please note that we only use your personal information in accordance with our privacy policy (available in Privacy Notice).
1.6. Please note that certain functions made available on the Website are governed by additional terms and conditions, including API Terms of Service.
2. The Website
2.1. The Website is made available free of charge. We do not guarantee that the Website, or any data, records, reports, results, documents, drawings, logos, typographical arrangements, software, text, designs, graphics, photographs, images, and any other output, information, materials or content either available on the Website (or produced by accessing the Website) (“informational content”), will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the informational content on it at any time.
2.2. You are responsible for making all arrangements necessary for you to have access and use to the Website. You are also responsible for ensuring that all persons who access and use the Website through your internet connection are aware of these Terms and that they comply with them.
2.3. The Website and the informational content on it are provided for general information purposes only. They are not intended to amount to any type of regulated advice or recommendation on which you should rely on.
2.4. Any informational content on the Website is not intended and should not be construed as an endorsement or recommendation of any particular blockchain protocol, any node operating on a blockchain protocol or any node operator.
2.5. Nothing in these Terms shall constitute investment advice, legal advice, financial advice, or any other professional advice. You assume all risks in acting on any informational content. We shall have no responsibility or liability for any financial position, investment or other business decisions or advice, or any calculations arrived at when using or relying on any informational content. Accordingly, you agree that you assume sole responsibility for results obtained from the access and use of the Website and any informational content and for conclusions drawn from such access and use.
2.6. We do not guarantee that use of the Website (including any informational content) will meet your requirements nor that any recommendations will deliver any particular benefits if implemented.
2.7. We do not guarantee the use, or the results of the use, of the informational content in terms of their correctness, accuracy, reliability or otherwise.
3. Acceptable Use
General
3.1. You agree not to:
3.1.1. use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
3.1.2. copy, or otherwise reproduce, or re-sell any part of the Website unless expressly permitted to do so under clause 4.4 ; or
3.1.3. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
Viruses
3.2. We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access and use the Website and we recommend that you use your own virus protection software.
3.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability or any other illegal activities. You must not attempt to gain unauthorised access and use of the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use the Website will cease immediately.
4. Intellectual Property
4.1. We are the owner or licensee of all intellectual property rights in the Website and its informational content, including but not limited to, the Rated name and mark. These works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
4.2. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
4.3. Except to the extent expressly permitted under clause 4.4 , no part of the Website, including, without limitation, any informational content may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
4.4. Notwithstanding clause 3.1 above and clause 4.3 subject to your compliance with these Terms (including, for the avoidance of doubt, the remainder of this clause 4.4), you may copy, share, republish, upload, re-post or distribute, the informational content for information and non-commercial purposes only. You are prohibited from manipulating, modifying or in any way changing the informational content in order to copy, share, republish, upload, re-post or distribute it in accordance with this clause 4.4. If you copy, share, republish, upload, re-post or distribute any informational content in accordance with this clause 4.4, you must, at your option, either include a statement alongside such informational content that says “Powered by Rated” or use our “Powered by Rated” widget [coming soon] and if you do so you should ensure that this statement or widget is placed on such informational content with sufficient prominence to be seen by the intended viewer.. We reserve the right to require the removal of, and for you to cease using, any such informational content at any time and you shall immediately cooperate. The rights granted under this clause 4.4 are non-exclusive, non-transferable, revocable and non-sublicensable. You shall not copy, share, republish, upload, re-post or distribute the informational content in order to build a product or service which replicates, competes with or is substantially similar to the Website or for any purpose not expressly permitted by these Terms.
4.5. You acknowledge and agree that the licence set out in clause 4.4 above does not apply to any data, records, reports, results, documents, drawings, logos, typographical arrangements, software, text, designs, graphics, photographs, images, and any other output, information, materials or content made available by Rated to you via the application programming interfaces (“Rated APIs”) available to you on the Website (“Rated Data”). Use of the Rated Data and Rated API is subject to the terms and conditions set out in the API Terms of Service.
4.6. Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute, and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
5. Our Liability
5.1. Nothing in these Terms excludes or limits our or your liability for: 5.1.1. death or personal injury caused by our or your negligence;
5.1.2. fraud or fraudulent misrepresentation; and
5.1.3. any matter in respect of which it would be unlawful for us or you (as applicable) to exclude or restrict our or your (as applicable) liability.
5.2. We assume no responsibility for the content of websites linked to the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5.3. The Website may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the informational content included on the Website.
5.4. The Website and all informational content is provided "as is" and, to the extent permitted by law, Rated disclaims all conditions, warranties, representations, undertakings, or other terms which might have effect between you and us with respect to the Website and all informational content, whether express or implied.
If you are a Business User
5.5. If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 5.1:
5.5.1. in no event shall we be liable to you for: (a) any loss of profits, loss of sales, loss of business, loss of revenue, loss of contracts, business interruption, loss or corruption of data, loss of business opportunity, loss of goodwill, loss of reputation or loss of anticipated savings (whether direct, indirect or consequential), whether arising from tort (including negligence), breach of contract (including liability under any indemnity) or otherwise; or (b) any indirect or consequential loss or damage, whether arising from tort (including negligence), breach of contract (including liability under any indemnity) or otherwise; and
5.5.2. and clause 5.5.1, our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including liability under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
5.6. You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.
If you are a consumer
5.7. If you are acting for purposes that are wholly or mainly outside your trade, business, craft, or profession then, save as set out in clause 5.1, the following sub-clauses apply:
5.7.1. nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizen’s Advice Bureau or Trading Standards Office;
5.7.2. you agree not to access and use the Website, or any informational content on the Website, for any commercial or business purposes whatsoever and, accordingly, you agree that in no event shall we be liable to you for: any loss of profits, loss of sales, loss of business, loss of business revenue, loss or breach of business contracts, business interruption, loss or corruption of business data, loss of business opportunity, loss of goodwill in a business or commercial enterprise, loss of business reputation or loss of anticipated business savings, of any kind and howsoever arising;
5.7.3. if we fail to comply with these Terms, we are only responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed or used the Website;
5.7.4. subject to clause 5.7.2, and 5.7.3, our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including liability under any indemnity), tort, (including negligence) or otherwise shall be limited to £100.
6. Suspension and Termination
6.1. If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
6.1.1. temporarily or permanently withdraw your right to use or access the Website;
6.1.2. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
6.1.3. take further legal action against you;
6.1.4. disclose such information to law enforcement authorities as we reasonably feel is necessary to do and/or
6.1.5. require the removal of, and for you to cease using, any informational content (including any informational content you copy, share, republish, upload, re-post or distribute in accordance with clause 4.4) at any time and you shall immediately cooperate.
7. Changes to these Terms
We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time you access and use the Website.
8. Other important information
8.1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
8.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.3. Rated will not be liable for any failure or delay resulting from any condition or occurrence beyond its reasonable control, including but not limited to, governmental action or acts of terrorism, earthquake, fire, pandemic, flood, or other acts of God, labour conditions, power failures, and internet disturbances.
8.4. If you are a consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
9. Governing law and jurisdiction
9.1. These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
9.2. If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
9.3. If you are a consumer:
9.3.1. you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State, or otherwise the competent court of England.
9.3.2. As a consumer, if you are a resident in the UK or the European Union and we direct this Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 9.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
10. Contact us
Address: 12 New Fetter Lane, London, EC4A 1JP, United Kingdom
Email address: hello@rated.network
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