Terms of Use

General

These Terms of Use govern your use of our websites, www.capsool.com and www.capsool.com/citystories (the "Websites"), whether accessed directly or through any other domain name which redirects to the Websites, and the services available through the site or otherwise provided by us in respect of the Capsool online time capsule ("the Service"). References to "we", "our", "us" in these terms is to Capsool Limited. We are registered in England and Wales under company number 06269648 and our contact address is 139 Red Bank Rd, Blackpool, FY2 9HZ.

Please read these Terms of Use carefully before you start to use the Websites and/or the Service, as they will apply to your use of the Websites and/or the Service. We recommend that you print a copy of these Terms of Use for your own future reference.

These Terms of Use also govern our relationship with you more generally, as well as our relationships with any other third parties who access or interact with the Websites and/or the Service. By using or accessing the Websites and/or the service, you confirm that you agree with these Terms of Use as updated from time to time and to comply with them. If you do not agree with these Terms of Use, you must not use the Websites and/or the Service.

Privacy Policy

By using the Websites and/or the Service, you are deemed to have full knowledge of and accept the terms of our Privacy Policy, which can be found here and which sets out the terms on which we process any personal data which we collect from you. By using the Service, you consent to such processing and warrant that any and all data which you provide is accurate. If you do not agree to be bound by the terms of the Privacy Policy, or for us to process your personal data, please do not use the Websites or the Service.

Changes to the Websites or the Service

We may make changes to the Websites, the Service and these terms at any time. If we make any changes to these terms, we will post an updated set of terms here. Please check this page from time to time to take notice of any changes which we may have made, as they are binding on you. If any such changes are unacceptable to you, then you should not continue to use either the Websites or the Service. If you continue to use the Websites and/or the Service, then you will be deemed to have accepted any such changes.

Registration

If you have registered for an account to use the Service, you hereby warrant that the information provided for the purposes of registration is complete and accurate. You will ensure that your registration information is kept up to date. Upon registering for an account, you will receive a user name (the email address used to register) and a password. You acknowledge and agree that you, and not us, are responsible for your account and how it is used and that you must treat it as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms of Use. If you know or suspect that anyone other than you knows your user name or password, you must notify us immediately at contact@capsool.com.

Capsool Content

We are the owner or the licensee of all intellectual property rights in the Websites and/or the Service, and in the material published on it, which is not “User Generated Content” as defined below (“the Capsool Content”). The Capsool Content is protected by copyright laws and treaties around the world. All such rights are reserved.

Except as expressly permitted in these Terms of Use, you have no right to modify, edit, copy, reproduce, adapt or in any way exploit any of the Capsool Content in any manner or format. Your limited license to use the Capsool Content as set out above will terminate automatically if you breach any of these Terms of Use. Except for the limited rights granted by these Terms of Use, you acknowledge that you have no right, title or interest in or to any Capsool Content.

You may use and display the Capsool Content on a limited, personal, non-exclusive and non-transferable basis in connection with your use of the Websites and/or the Service. You may download to a local hard disk and print any materials produced through your use of the Service for your own private use in respect of the Service.

However, reproduction or use of part or all of the contents of the Websites and/or the Service and/or the Capsool Content is prohibited unless for your own use in respect of the Service. None of the Capsool Content or the content of the Websites and/or the Service may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of the Websites and/or the Service or any part of them or automatic extraction of data held on the Websites or Service is not permitted without our express written permission.

You must not use any part of the Capsool Content for commercial purposes without obtaining a licence to do so from us or our licensors.

Our status (and that of any identified contributors) as the authors of the Capsool Content must always be acknowledged.

Content generally

You further acknowledge and agree that we do not moderate or control (on either a functional or editorial level) any content (including, without limitation, information, data, text, software, music, sound, photographs, images, video, responses, messages or other materials communicated, submitted or transmitted by you, respondents to or recipients of the forms created as a result of your use of the Websites and/or the Service) which you create and upload onto either the Websites or the Service, or created by respondents to forms created as a result of your use of the Websites and/or the Service ("User Generated Content"), and do not guarantee the accuracy, integrity or quality of such User Generated Content. We may, however, block, modify, terminate access to, or remove any such User Generated Content that we believe to be in breach of these terms (including, but not limited to, the Acceptable Use Policy set out below) if requested to do so by any third party.

We will not be responsible as author, editor or publisher of any User Generated Content submitted to the Websites and/or the Service and we expressly exclude our liability for any loss or damage arising from the use of the Websites and/or Service by any person in contravention of these Terms of Use.

We reserve the right to delete, remove or disable access to User Generated Content from our databases at any time without notice to you. You acknowledge and agree that you are solely responsible for backing up any User Generated Content which you have uploaded to the Websites and/or the Service or which you have received through any use of the Service. We will not be liable for any deletion or failure to retain any such User Generated Content.

Your use of the Websites and the Service

The Capsool Content and any content on the Websites or the Service is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Websites and/or the Service, we make no warranty, representation or guarantee, whether express or implied, as to the accuracy of the information contained in any of the materials on the Websites or produced through your use of the Service.

We do not accept liability for any particular material on the Websites and/or the Service, produced through your use of the Websites and/or the Service or as a result of any use of or reliance placed upon the information contained on the Websites and/or the Service or any external links on the Websites and/or the Service. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of either the Capsool Content, User Generated Content or any other content on the Websites and/or the Service.

Any material downloaded or otherwise obtained through the use of the Websites and/or the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.

We may suspend your use of the Websites and/or the Service in circumstances where we are of the opinion that your continued use of the Websites and/or the Service would potentially expose us to liability, would cause us to violate any law, endanger our systems or cause offence to, affect the privacy of, damage the reputation of or infringe the intellectual property rights of any person. We shall not be liable to you in respect of any such suspension.

Whenever you make use of the Service or any other feature that allows you to upload material to the Website and/or the Service, or to make contact with other users of the Websites and/or the Service:

(a) all material which you upload to the Websites and/or the Service and to allow you to use the Websites and/or the Service will be considered non-confidential and non-proprietary, and by uploading such material you grant to Capsool Limited and to Manchester City Football Club Limited the non-exclusive, transferrable, royalty-free, perpetual and worldwide right (in addition to the right to transfer and/or grant any appropriate sublicences) for any purpose connected with the business of either Capsool Limited or Manchester City Football Club LImited from time to time to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites and/or the Service constitutes a violation of their intellectual property rights, or of their right to privacy;

(b) all User Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom any such User Generated originated,

(c) you will not use the Websites and/or the Service or any other feature in to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(d) you will not use the Websites and/or the Service or any other feature in to knowingly transmit any data, or send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and

(e) you acknowledge that we do not actively moderate your and other users use of the Websites and/or the Service or any other feature.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Websites and/or the Service.

We have the right to remove any material or posting you make on the Websites or through your use of the Service for any reason whatsoever if, in our opinion, such material may not comply with the content standards set out in our acceptable use policy, as set out below.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Websites and/or the Service in contravention of the provisions of these Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of the Websites and/or the Service;
    • any equipment or network on which the Websites and/or the Service are stored;
    • any software used in the provision of the Websites and/or the Service; or
    • any equipment or network or software owned or used by any third party.

Acceptable Use Policy

This acceptable use policy applies to any and all User Generated Content which you contribute to the Website (contributions) and your use of the Websites or the Service.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

You may use the Websites and/or the Service site only for lawful purposes. You may not use the Websites and/or the Service:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with this Acceptable Use Policy.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person or business.
  • Contain any material which is obscene, offensive, false, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Websites and/or the Service. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Websites and/or the Service.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Websites and/or the Service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude any and all liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Websites and/or the Service.

Changes to the Websites or the Service

We reserve the right at any time to modify, suspend, or discontinue, (temporarily or permanently), the Websites and/or the Service, your access to the Websites and/or the Service, and to modify, suspend or delete the Websites and/or the Service(or any part thereof). You acknowledge and agree that we will not be liable to you, or to any third party, for any modification, suspension or discontinuance of the Websites and/or the Service or any modification, suspension or deletion of the Websites and/or the Service.

You acknowledge and agree that the Websites and/or the Service are provided "as is," "where is," "as available," and "with all faults," and that we have no responsibility or liability for the loss or deletion of, or failure to receive, process, or store any User Generated Content (including responses to any forms generated as a result of your use of the Service) maintained or transmitted using the Websites and/or the Service.

You acknowledge and agree that the information, software, products, and services contained in or available through the Websites and/or the Service, including information, software, products and services made available by other users of the Websites and/or the Service, may include inaccuracies or errors.

You further acknowledge and agree that you and not us are responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained through the use of the Websites and/or the Services.

Linking Policy

No links to this site may be included in any other web site without our express written authorisation. Any link (be it a hypertext link or other referral device) used on the websites are provided solely for convenience. A link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked site. We are not responsible for the content of any web sites that have links with this site or for the legal consequences of contracts with the third parties that have these linked web sites and we hereby excludes any liability for any loss or damage arising as a result.

Our liability

We make no representation or warranty regarding the suitability, reliability, availability, timeliness, quality, lack of viruses or other harmful components of the Websites and/or the Service, or the accuracy of any such information, software, products and services.

To the fullest extent permitted by law, any warranties, express or implied, with regard to such information, software, products or services, including any implied warranties of merchantability and fitness for purpose, are excluded from your relationship with us.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on or in the Websites and/or the Service.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites and/or the Service or to your downloading of any content on it, or on any website linked to them.

These disclaimers shall not operate so as to exclude, limit or restrict our liability: for death or personal injury; for fraud or fraudulent misrepresentation; for damage suffered as a result of any breach by of the conditions as to title and quiet enjoyment implied by English law; under Part 1 of the Consumer Protection Act 1987; or for any other liability the exclusion or limitation of which is not permitted by English law.

The disclaimers in these Terms of Use do not affect the statutory rights of consumers.

Applicable law

Please note that these Terms of Use, their subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.