Terms Of Use
Terms Of Use
Thank you for visiting our website (“Website”), a service of Foresea Events, a trading name of Foresea Events Limited (or its subsidiaries and affiliates, including the owner of the website or page from which you accessed these Terms of Use) (referred to collectively in this policy as “we,” “us,” “our” and other similar pronouns). Please read these Terms of Use carefully before using this website, any of our mobile applications, or other online or mobile services (collectively the “Website”). By accessing the Website, you agree to be bound by these Terms of Use and any additional terms and conditions that you may be asked to agree to when interacting on the Website (including contest or sweepstakes rules).
You represent that you are legally able to accept these Terms of Use and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, please do not use this Website.
THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we will provide prominent notice on the Website when we make a material change to these Terms of Use. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.
There are a few rules of conduct that you are required to follow when you use the Website:
Do not “harvest” (or collect) information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website. This prohibition does not apply to search engines accessing the Website solely for web indexing purposes. Do not “stream catch” (download, store or transmit copies of streamed content). Do not obtain, or attempt to obtain, unauthorized access to any restricted areas of the Website or our systems. Do not circumvent or reverse engineer the Website or its systems. Do not restrict or inhibit another user or users from using and enjoying this Website. If you post something to this Website, such as comments or other content, do not post anything that: infringes any third party intellectual property right (such as copyrights), is defamatory (i.e., something that is negative and untrue about another person or entity), divulges another person’s or entity’s confidential or private information or trade secret, is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory, encourages criminal conduct, advertises or solicits business for products or services other than those that are offered and promoted on this Website, or contains any virus, malware, spyware or other harmful content or code. Ownership Of Website Content And Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Website unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you submit or post any materials or content to this Website, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website are original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility For Public Postings And Content
Responsibility for what is posted in public areas of our Website lies with each user. We do not control the material that you or others may post or otherwise make available in public areas of the Website, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so at our discretion. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Website Registration and Log In
You may be required to register and create an account on the Website to access certain features or areas of the Website.
You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share, or otherwise transfer your account information.
You are responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Electronic Communications
The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
Binding Individual Arbitration
Our aim is to ensure that Foresea's website and the products and services it offers meet your expectations. However, we understand that there may be occasions when you encounter a problem or dispute requiring special attention. In such instances, we are committed to working with you to find a reasonable resolution that satisfies both parties. To achieve this, we need to be informed and understand your issue fully. Therefore, if you have any problems or disputes with Foresea or our affiliates, you agree to first provide us with the opportunity to resolve them.
To initiate this process, please send a written description of your problem or dispute to:
You agree to engage in good-faith negotiations for at least 60 days after notifying us of the dispute. If Foresea or our affiliate fails to resolve the dispute within this timeframe, you, Foresea, or the affiliate involved in the dispute may pursue arbitration as outlined in this Section.
You acknowledge that arbitration is the sole and exclusive forum and remedy for any disputes or claims that cannot be resolved informally and relate to or arise out of the website or these Terms of Use. However, this provision does not apply if you have infringed upon or violated our or any third party's intellectual property rights, in which case legal action may be sought. We recognize that these Terms of Use impact interstate commerce, and therefore, the Federal Arbitration Act and federal arbitration law govern arbitrations under this Agreement.
Exclusions from Arbitration: Both you, us, and our affiliates agree that any claim filed by you, us, or our affiliate in small claims court is not subject to the arbitration terms outlined in this section.
Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days: If you do not wish to be bound by the binding arbitration and class action waiver stated in this section, you must notify us in writing within 30 days of accepting this agreement. Your written notification must be sent to info@foresea.co.uk and must include: (1) your name, (2) your address, (3) your account number, if applicable, and (4) a clear statement indicating your desire not to resolve disputes with us or our affiliates through arbitration.
Jury Waiver: We both agree that, whether any claim is in arbitration or court, we waive any right to a jury trial involving any claims or disputes between us.
Class Action Waiver: Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action, unless both you and the entity with which you have a dispute specifically agree to do so in writing following initiation of the arbitration.
Time Limitation on Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to the use of this website or these Terms of Use must be filed by you within one year after such claim or cause of action accrued or be permanently barred.