Terms of Use Agreement

Last updated: 10th May 2018

Short Summary of Terms of Use

This short summary precedes our full Terms of Use which are given below:

  • You need to be over 13 to use interests.me.
  • Our Terms of Use include our Acceptable Use Policy.
  • You should read our Data Protection & Privacy Policy about how we handle your data.
  • We are not responsible for emails you may receive from clients of interests.me, using interests.me as an email newsletter tool, but you may complain to us of abuse of our system.
  • All content you post or email using interests.me is your responsibility.
  • If you make content public (which is our default setting) you agree that this may be used by us, shared on social media, and used by other organisations using the platform (with attribution and links back to the original story), and sometimes used by permitted third parties (Media Partners) to increase the distribution of your content.
  • You retain the copyright on any original content you post but you grant a license to us when you make it public on our platform, which means we are permitted to use it as described above.
  • We are entitled to remove any content you post, or to suspend or terminate your account.
  • We expect you to keep your information up to date and protect your own personal information.
  • All personal information you submit, collect, store or use using interests.me is your responsibility, and we expect you to protect it. If you are a client using interests.me as an email newsletter tool or to manage mailing lists, our Terms of Use also include our Data Processing Agreement.
  • If your organisation requests to join a community, you agree that you may be contacted by the administrator(s) of that community, only about your membership of the community. They will not have access to your email address.
  • If you want to use content you find on interests.me for systematic or regular re-publishing in print, online, broadcast or other media, please contact us to register as a Media Partner.
  • We can modify these Terms of Use at any time without notifying you.

Full Terms of Use Agreement

  1. Introduction

This Terms of Use Agreement (“Agreement”) makes reference to, and includes our Definitions (which apply across all our legal documents), our Acceptable Use Policy, our Data Protection & Privacy Policy (incorporating our Cookie Policy), and – for customers where we act as a data processor – our Data Processing Agreement. We expect you to make yourself familiar with these documents as far as they apply to you.

For the Definitions of all terms used in this document, please refer to our separate Definitions document.

This Agreement constitutes a binding legal agreement between “you” (the User, defined below) and “us” (Interests Media Ltd of www.interests.me, together with affiliated websites and applications, trading as and referred here as “interests.me”, “us”, “we”, a company registered in England at Tiverton, South Road, Woking, GU21 4JS, United Kingdom and company number 8908109).

“You” (the User) may be:

  • a Website Visitor; or
  • a Community Email Subscriber; or
  • a Tool User; or
  • a representative of a Customer Organisation; or
  • a Community Administrator;
  • a Media Partner wishing to use content you discover on the interests.me Website.

This Agreement relates to our relationship with you the individual User, and (where applicable) with the Customer Organisation you represent. We hold both the individual user and the organisation they represent responsible for their actions in using interests.me.

Nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement, and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

This Agreement and any dispute or claim arising out of or in connection with it or the subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law.

No failure or delay by us in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right or acceptance of any variation of the terms of this Agreement and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

If there is a discrepancy between this English language version and any translated copies, the English version shall prevail.

This Agreement applies each time you visit interests.me, on whatever device, and whether or not you have registered for a personal account. By accessing, using or visiting the site, you accept and agree to be bound by this Agreement. IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT THEN YOU MUST NOT ACCESS OR USE THE SITE.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by proven negligence, or any liability which cannot be limited or excluded by law.

We reserve the right to modify, amend or change this Agreement at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the top of the Agreement. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to this Agreement, you should stop using interests.me immediately. Your continued use of interests.me following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Agreement.

If, for any reason, any of the terms of this Agreement are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Agreement and the remainder of the Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

This Agreement sets out the entire agreement and understanding between us and you in relation to your use of interests.me and this document supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

  1. Organisational Email Subscribers

If you subscribe to an email newsletter provided by one of the Customer Organisations which uses the interests.me tool (where that organisation uses our service to collect email addresses, maintain email mailing lists and/or to send email newsletters), your relationship as an email subscriber is with that organisation, and you should hold that organisation responsible for any unwanted or inappropriate emails you receive from them.

If the organisation uses interests.me for sending their email newsletters, you will always have the opportunity to unsubscribe from any email newsletter sent, using an unsubscribe link at the bottom of the email, so please do use this facility if there are any email newsletters you are unhappy to be receiving.

However, if you believe the organisation using interests.me as a service provider is infringing copyright or trademark rights, you can report this to us by following the process in our Copyright & Trademark Policy. If you believe the organisation is infringing our Acceptable Use Policy, you can also report this to us, following the process described in that Policy.

  1. Who Can Use interests.me

You may use interests.me, provided that you warrant that you are 13 years of age or over, and that you have the right, authority and capacity to enter into and be bound by this Agreement and that by using interests.me you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

Organisations with a record of violent criminal activity are not invited to join interests.me.

If we have told you, for whatever reason, that you may not use interests.me, or if we have disabled your personal account, you will not create another personal account without our permission.

  1. Responsibilities of All Users

Acceptable Use

You agree that you will only use interests.me in a manner consistent with its purpose, which is as a web publishing and email service offered through the URL https://interests.me (we’ll refer to it as the “Website”) that allows Tool Users to create a webpage, publish stories both on our Website and elsewhere online, and create, send, and manage email newsletters to individual subscribers.

Please read and comply with our Acceptable Use Policy, which forms part of this Agreement. If you violate this policy, we may terminate or suspend your account.

Take Responsibility For How You Access interests.me

You agree that you alone are responsible for making all the necessary arrangements to ensure you can access interests.me (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access).

Co-operate If There Is A Claim

You agree that in the event of a claim, that is if we are sued as a result of your use of interests.me, and if we choose to defend or settle the relevant claim as we see fit, you will co-operate fully and reasonably as required by us in the defence of any relevant claim, waiving any claims to anonymity or privacy.

  1. Responsibilities of Tool Users and representatives of Customer Organisations

Keep Your Information Up to Date

If you have a personal account (as a Tool User), you agree to keep information about you and (if applicable) your organisation (for instance your organisation’s name, description, logos, and contact details) up to date in our system. You can do so in the ‘Settings’ section when logged in.

Protect Your Own Personal Information

You warrant that all personal information provided by you is true, correct and accurate, and you agree to the processing of such personal and other information by Interests Media Ltd in accordance with our Data Protection & Privacy Policy (a separate document which also forms part of this Agreement).

You agree to take responsibility for any personal information you choose to reveal to others about yourself, whether via email or otherwise. Revealing any such information is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

You agree to keep your password safe and take reasonable measures to prevent loss of privacy. This is covered in more detail in the section titled ‘Your Own Data Security’ (section 16) in our Data Protection & Privacy Policy.

Respect and Protect Personal Information You Collect or Use

Our service enables you to be a Data Controller and to collect and manage email addresses of potential subscribers to your email newsletters, as well as store this data and send email communications. This information is Personal Data, and since you control it, we refer to it as ‘Customer Data’. This should be treated by you and your organisation with the utmost care, and in accordance with all relevant Data Protection Legislation.

You agree to take responsibility for any Customer Data you collect using the interests.me service, and also any Customer Data you upload to the service. If you are controlling Personal Data which we are processing for you, you also need to read and agree to our Data Processing Agreement (which forms part of this Agreement) which sets out our mutual expectations in much more detail.

Take Responsibility For All Content You Post, Share and Email

You are responsible for everything you post, upload and say on interests.me. You are solely responsible for, and bear all liability in relation to, Content added by you. You may also be held responsible for the consequences of sharing other people’s Content in certain circumstances.

Please note that our default setting is to make Content publicly available. If you do not wish to make it publicly available, please untick the box to opt out of making your Content public, at the time you write your Story (or anytime after).

Please be aware that if you email or otherwise share Content ‘as is’ which has been created by someone else, you may be held responsible in law for the consequences of sharing that Content with your email subscribers, for instance if that Content promotes self-harm, is bullying or harassing, incites violence or otherwise breaks the law or our Code of Conduct.

Permit The Sharing of Your Public Content

You give permission for Content that you have made publicly available to be used in other Organisations’ email newsletters (‘as is’ and with attribution to your Organisation) and to be published on the interests.me website.

Permit Contact from Community Administrators

If your Organisation requests to join a Community on interests.me, you accept that you may be contacted by a Community Administrator who may not be an employee of interests.me, in regard to your membership of that Community. Please note that they will not have access to your email address, and must agree to the responsibilities outlined in Section 6 (‘Responsibilities of Community Administrators’). You may opt out of this communication by clicking ‘unsubscribe’ at the bottom of any email sent by a Community Administrator. If you need to complain about any contact by Community Administrators, please do so by emailing support@interests.me.

  1. Responsibilities of Community Administrators

Community Administrators take on this role on behalf of their Organisation and only with our permission and through our delegation of the role of community administration. The community administration role is a voluntary role which involves gatekeeping and basic administration for a Community on interests.me.

Where this role is delegated by interests.me, Community Administrators through their Organisation, agree to:

  • Receive a system-generated email whenever an Organisation asks to join the Community, and decide whether an Organisation should be allowed to join the Community, and follow instructions to allow or disallow this;
  • Send messages (emails) to Organisations who belong to the Community, only when necessary to communicate a change of policy for the Community membership or posting, or to request help in promoting the Community to which Organisations belong;
  • Where possible, to keep public Content posted to their Community under observation, and to delete inappropriate Content in as timely a manner as possible, and/or to disconnect Organisations from the Community when they post inappropriate Content.

Community Administrators acknowledge that the Company is permitted to withdraw delegation of these administrative functions at any time, and without giving a reason.

  1. Responsibilities of Media Partners

Media Partners are third parties wishing to use Content published on interests.me to republish, systematically link to, or reproduce either systematically or irregularly, in print media, broadcast media or online media.

Content reproduced or otherwise used by Media Partners is done so at their own risk. Copyright is maintained by the original owner but may sometimes be reproduced under licence.

Media Partners wishing to use Content must register their interest in doing so with interests.me by emailing support@interests.me and explaining their interest in reproducing or linking to Content.

  1. Content Ownership Rights

You own the Content you post, provided you are the rightful owner in the first place. In other words, if you write original Content or upload your own original images, you continue to own the copyright to that Content.

You represent and warrant to us by posting Content on interests.me that you have the right to do so, and that you are an exclusive author and owner of the Content, or that you own all rights to its use.

For Content that is covered by intellectual property rights (“IP Content”), and which you have made publicly available more widely than your own mailing lists, you specifically grant us a non-exclusive, transferable, royalty-free, perpetual, worldwide licence (“IP Licence”) to use any IP Content that you post on interests.me. We need to be granted this IP Licence in order to publish your Content on our website and we may on occasion transfer this licence to third parties who wish to distribute your Content more widely.

  1. Our Rights

We Can Share Any Content You Make Public

If you choose to make publicly available Content which you create, we reserve the right to share this Content freely on public and private pages of our website, and in automated emails produced by the interests.me service. You agree that other participating organisations are allowed to share this Content with attribution and a link to your organisation, in their email newsletters. If you subsequently make Content private which was previously publicly available, we cannot be held responsible for email newsletters already sent containing your Content, as these are non retrievable.

You also agree that we may sub-license the use of publicly available Content produced on interests.me to third parties who may distribute your published Content in their third party emails, in print, online or via broadcast or other means.

We Can Remove Any Content

We reserve the right, if we see or someone alerts us that you have posted some Content to interests.me (either for emailing or publicly available) that we think is inappropriate, duplicative, or where we perceive a risk of physical harm or a threat to public safety, to remove it at our own discretion.

We Can Remove A Name

We reserve the right to remove or reclaim any URL or organisation name if we believe it is appropriate to do so, such as when a trademark owner complains about a name that does not closely relate to a user’s or an organisation’s actual name, or if there is potential for confusion with another organisation, or when an organisation name is being used inappropriately, without permission or so as to deliberately create confusion.

We Can Suspend Or Terminate Any Account

We reserve the right, at our sole discretion, at any time and without liability or the need to give you prior notice, to suspend or terminate your personal account or your organisational account, or an email list, or your ability to post Content, or your ability to use specific features of the service, if you are not, in our sole opinion, complying with these Terms including the Code of Conduct, or if we need to suspend or terminate your personal account for legal reasons or due to a change of policy.

If we deem you to be associated with a criminal, terrorist or violent organisation, we may suspend or terminate your personal account without any other reason.

We Can Vary The Service We Provide

We reserve the right to suspend, withdraw, amend, modify or vary the service provided on interests.me without notice and without incurring any liability to you.

Under Certain Circumstances, We Can Reveal Your Personal Information

We reserve the right to reveal, under certain circumstances, your personal information used in interests.me and any Content posted in accordance with our Privacy Policy. (We don’t do this unless there are special circumstances).

We Own All The Intellectual Property Rights To interests.me

We own, control and license the copyright, trademark and intellectual property law rights of all text, graphics, user interfaces, trademarks, logos, sounds and artwork on interests.me which do not fall into the category of Content.

You agree not to use our copyrights, trademarks or trading names (including Interests and interests.me), or any confusingly similar marks, except with our prior written permission.

We Own All interests.me Communities

You have no ownership rights over Communities for which you or your Organisation may carry out an administrative or managerial role, as a Community Administrator.

We are permitted to close a Community, rename it, and/or take back administrative functions, at any time.

We Will Defend And Enforce This Terms of Use Agreement

We reserve the right, if we are sued or subject to any claim as a result of your use of interests.me, to defend, settle, compromise and pay any and all claims or causes of action which are brought against us as we see fit and without your prior consent.

We reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice, to make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).

  1. Full List of Disclaimers

We are not responsible for proactively monitoring all Content on interests.me.

We are not responsible for anything that you post, upload or say while you are using interests.me. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of interests.me, and expressly disclaim any liability for Content created or uploaded by you or by any other user.

We do not give any warranty about the quality, accuracy, functionality, availability or performance of interests.me, which is provided on an “as is” basis.

We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing interests.me through mobile services or any similar service currently known or developed in the future.

We shall not under any circumstances be liable for any service provider or access charges incurred by you in accessing the site.

We shall not be held responsible for the contents of any third party sites, resources or purchasing opportunities accessed via a link from interests.me, including (but not limited to) the third party site’s compliance with any applicable laws or regulations. These links, where provided by interests.me, are provided to you for your information only. Links may also be posted on interests.me as Content by other users. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

To the fullest extent permitted by law, we expressly exclude: all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by you arising from use of interests.me, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of interests.me. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god in connection with interests.me including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

We have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Interests and we provide that information on an “as is”, “as available” basis. We do not give or make any warranty or representation of any kind about the information contained on interests.me, whether express or implied. Use of interests.me and the materials available on it is at your sole risk. We cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from interests.me is free of viruses or other harmful components. You accept that interests.me will not be provided uninterrupted or error free, that defects may not be corrected or that interests.me, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of interests.me, the uploading or submission of Content to interests.me by you or your conduct, other than in accordance with the Terms or any applicable law or regulation.