Thanks for your interest in Edgeofmyseat Ltd and our products and services. If you wish to purchase products or services from us, to acquire licences originally purchased by a third party or to participate socially, you need to register. In completing your registration, you accept:
When we use words like “we”, “us” and “our” in these Registration Terms, it is to Edgeofmyseat Ltd that we refer. Our registered office address is Spike Island, 133 Cumberland Road, Bristol, BS1 6UX, England and our registered number is 04735127.
When we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user (if you are not already). The “website” is the one hosted at grabaperch.com.
Anybody can access the website but in order to make use of our Interactive Services, purchase our products or services or receive the transfer of licences to use our software, you will have to register. If you register, you must do so on the basis of these Registration Terms.
There’s not much that you need to do to complete your registration. There is a simple form to fill out but the only information we have to have from you is your first name, last name and a functioning email address. (In some cultures, people only have one name. If this applies to you, you can insert it in the last name field and type “none” in the first name field.) In registering, you are confirming that this information is accurate and up-to-date. You can always change these details if you need to, by accessing your Account settings.
You’ll always be able to find a copy of the Registration Terms on the website, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Registration Terms might change in the future, especially as we may add functionality to the Interactive Services. If we do change the Registration Terms, we will, of course, contact you through the website to let you know that the Registration Terms have changed. If you continue to use the Interactive Services after that, you will do so having accepted the new version of the Registration Terms.
We must be able to identify you as an individual from the information contained within your profile and to that extent only, you confirm that your profile information is accurate and that you will keep it up to date.
We would love to make our Interactive Services available to everyone but unfortunately, because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.
Assuming then that you are over 18 and capable of entering into contracts that are legally binding upon you, your acceptance of these Registration Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use the benefit of your contractual rights with us as security for anything. We may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure) and if that happens, we will notify you of the consequences for you.
You agree that you will not, under any circumstances, use your registration for actions that do not fall within core purpose of our Interactive Services, namely support for our products and services. In particular, you will not use your registration for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as ‘spam’. Spam is a real nuisance and it annoys everybody, so if you distribute spam through Interactive Services, we’ll terminate your registration immediately.
In using our Interactive Services, you may write text or perhaps upload photographs or other media. You promise that the content you upload won’t cause offence or aggravation to anybody. What we are chiefly concerned with here is content that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal, which we’ll call “Unlawful Content”. If you post Unlawful Content, we reserve the right to remove it immediately and we won’t necessarily tell you that we have done this. We may allow you to explain why you have posted the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. If you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.
When you distribute content of whatever nature using the Interactive Services, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to post it via our Interactive Services. You also confirm that you will not post content that infringes the rights of others.
When posting content using the Interactive Services, you give us permission to reuse that content on a non-exclusive basis for the purpose of providing the Interactive Services to our users and customers wherever they may be in the world. That licence will enable us to store, use, perform, display, reproduce, modify, distribute or sub-licence that content, as the case may be, without charge. Where the intellectual property rights in the content that you have uploaded belongs to somebody else, you confirm that that person gave you their permission to grant us the same licence to reuse that content as if it was you that owned it.
Where you post content that infringes the intellectual property rights of somebody else, we may delete that content immediately should somebody complain to us about it. We may contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).
If you breach these Registration Terms relating to your content either by posting Unlawful Content or by posting content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending money on lawyers, investigators and the like. Consequently, should this happen, you agree to compensate us fully, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘hold us harmless’. Where we suffer other losses that are harder to quantify, we may pursue you for the recovery of these immediately or at some later date. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).
Just as you may own the content that you post via our Interactive Services, so we own the intellectual property in the framework that makes up those Interactive Services, together with the website and our products and other services. Likewise, the content that we have posted is owned by or licensed to us. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics and you can use all of that in making use of your registration in accordance with these Registration Terms but absolutely no more than that. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Registration Terms.
If you come across any evidence to suggest that anybody else is using the Interactive Services in breach of these Registration Terms, it would be a terrific help if you would let us know so that we can take action to stop them.
At any given time, we reckon we have a pretty good idea as to how well the Interactive Services are working. Occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Registration Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix but it is not sufficiently popular to warrant dropping everything to fix it, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently and we have the right to decide what’s best in the circumstances.
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and, if you are using the Interactive Services as a consumer, nothing in the Registration Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Interactive Services. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us. It’s pretty difficult to see how your use of the Interactive Services could result in anybody suffering any kind of physical harm, but just to be clear, nothing in these Registration Terms should be interpreted as an attempt to exclude or limit this kind of liability.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, OPPORTUNITY, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE INTERACTIVE SERVICES, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE REGISTRATION TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications to you, for instance.
Finally, if we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration and you rely on that statement in entering into this contract with us, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Registration Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer (if you are a consumer).
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are satisfied and that the Interactive Services are working efficiently, the data transmitted by you and other users or customers may be reviewed and analysed by us or by third parties working on our behalf. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for reviewing content posted by our users. Nevertheless, as we have indicated above, we may remove content posted by you or by other users or customers if that content contravenes these Registration Terms or the user or customer posting that content is in breach of these Registration Terms. Likewise, if you see content that concerns you, please do let us know and we will look into it.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE WILL NOT BE LIABLE FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE INTERACTIVE SERVICES OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Registration Terms or that, where you’ve breached the Registration Terms, we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later should we so choose and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email at email@example.com but if you really feel the need, you can send us a letter by post, addressed to our registered office at Spike Island, 133 Cumberland Road, Bristol, BS1 6UX, England.
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these Registration Terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to have been received as follows:
It might just be that at some point in the future, a court or some other legitimate authority has cause to review these Registration Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Registration Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by those terms or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. Any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
Your registration is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the Interactive Services will be subject to the exclusive jurisdiction of the courts of England and Wales.
This concludes these Registration Terms and as soon as you check the ‘accept terms’ box and create your registration, you will have a binding contract with us.