Terms and conditions

1. These Terms

Welcome to www.environmentalgraffiti.com (the “Site”). These are the terms and conditions (Terms) which govern your use of the Site.

You will be deemed to have agreed to be bound by these Terms when you access the Site or use any of the services available on it from time to time. If you disagree with any of these Terms, you must not use the Site.

For the purposes of these Terms: "Content" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, or product details published or otherwise available on the Site from time to time (including, anything made available for download); "including" and its derivations mean "including, without limitation"; and "Trade Mark" means any trademark, logo or service mark (whether or not registered) displayed on the Site from time to time.

2. Changes to these Terms

We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site.

3. About us and our business

The Site is operated by or on behalf of Environmental Graffiti Limited (“us”, "we" or "our"). We are a company registered in England and Wales with company registration number 6151041. Our registered office address is 72-75 Red Lion Street, London, WC1R 4NA.

You can contact us by email to: editor@environmentalgraffiti.com.

Our VAT number is: 803 4280 60.

4. Registration

Access to certain areas of the Site and use of certain of the services is restricted to registered users.

To be a registered user you must be 13 or over. By applying to become a registered user, you to warrant that you are at least 13 years of age.

In order to become a registered user, you must fill out the [Registration Form] on the Site, with your username and password.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 6 below.

Registered users will have access to such features and functionality on the Site as we may from time to time determine in our sole discretion.

Registered users must keep their username and passwords confidential.

We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

Registration will also require you to agree to our [Privacy Policy].

5. Intellectual Property

You will remain the owner of the intellectual property rights in any Content posted or submitted by you (“your Content”). Without affecting our right to distribute the Content in accordance with Section 9 below, you may post your Content subject to any reasonable conditions that you wish. For example, you may make your Content subject to Creative Commons terms or similar. However, we are under no obligation to monitor or enforce the compliance with any such licence terms. In the event of any contradiction between these Terms and the terms of any Content licence imposed by you, then these Terms shall prevail.

We are the owner or the licensee of all other intellectual property rights in the Site, the Content (other than any Content posted or submitted by users in accordance with these Terms) and any Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site in accordance with Section 6 below.

6. Access and use of the Site

The Site is designed to be a platform to allow you to distribute your Content over the Internet with or without licence terms attached – it’s your choice. Where a user has not designated any licence terms in relation to a particular piece of Content, then the following conditions shall apply.

You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.

You may not:

(a) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor

(b) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content; nor

(c) modify or adapt or create derivative works of the Content; nor

(d) utilise links to this Site received as part of a paid-for media monitoring service; nor

(e) copy or extract data from this Site by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

Any such use of this Site or the Content is prohibited without an appropriate licence and/or our written consent.

7. Advertising Revenue Share

Subject to you fully complying with these Terms, we will pay out to you monthly a percentage share of the advertising revenue received by us in respect of the Site, based on the number of unique views of your Content (“revenue share”). For further information about how we calculate the revenue share, please click [here].

The revenue share paid to you may be varied by us from time to time in our absolute discretion.

We will pay your revenue share to the Paypal account details provided when you register.

Our calculation of the number of unique views of your content, and the calculation of the revenue share payable to you will be conclusive and not subject to any appeal by you.

Where you refer the Site to a friend or contact, and that person then registers with us, then you will also receive an amount calculated as a percentage of the revenue share paid to that user. For more details please click [here].

You must not use any artificial methods such as bulk PLR, spiders, or buying-in traffic, to attempt to boost your revenue share. Further, you can only vote once to increase or decrease the popularity of any Content. We reserve the right to withhold payments of revenue share or suspend your access rights to the Site if we suspect any suspicious activity.

8. Acceptable use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

9. Submission of Materials

In these Terms “your Content” means any Content posted or submitted to the Site by you, for whatever purpose.

You will remain the owner of your Content but you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your Content (and its publication on the Site) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Your Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use the Site to link to any website or web page consisting of or containing material that would, were it posted on the Site, breach the provisions of these terms of use.

You must not submit any Content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Site, or stored on our servers, or hosted or published upon the Site with or without notice at any time.

Notwithstanding our rights under these Terms in relation to Content, we do not undertake to monitor the submission of such Content to, or the publication of such Content on, the Site.

10. Limited warranties

You acknowledge that some of the information published on this Site is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this Site; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up-to-date. All information and/or data on the Site is provided on an "as is" basis.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Site and the use of this Site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

11. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Site and the information and services on the Site are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Site or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on the Site. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

12. Indemnity

You will reimburse us in respect of any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

13. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the Site;

(c) permanently prohibit you from accessing the Site;

(d) block computers using your IP address from accessing the Site;

(e) contact your internet services provider and request that they block your access to the Site;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your account with the Site; and/or

(h) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to the Site or a part of the Site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Data Protection and Privacy

Full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third party are set out in our Privacy and Cookie Policy.

15. Third party links

The Site contains hypertext links to third party Sites. We are not responsible for, nor do we endorse in any way such third party Sites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

16. Advertising and Sponsorship

Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

For more information about placing advertising or sponsorship on the Site please click [here]

17. Promotions, competitions and prize draws

From time to time we may run competitions, free prize draws and/or other promotions on the Site. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
18. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of the Site from the date of the publication of the revised terms of use on the Site. Please check this page regularly to ensure you are familiar with the current version.

19. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

20. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

22. Entire agreement

These Terms of use, together with our [Privacy Policy] constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of this Site.

23. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Any contractual or legal relationship between you and EG will be concluded in English.