BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms
of use under which you may use this website, www.battletabs.com, and use our apps, browser extensions, websites, mobile apps, and software (“Our Sites and Apps”). Please read these Terms and Conditions
carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and
Conditions is deemed to occur upon your first use of Our Sites and Apps. If you do not agree to comply with and be
bound by these Terms and Conditions, you must stop using Our Sites and Apps immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the
following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other
form of information capable of being stored on a computer that appears on, or forms part of, Our Sites and Apps;
and
“We/Us/Our” means Markd Limited of Unit 1.1 Lafone House, The Leather Market, 11/13 Weston Street, London,
England, SE1 3ER.
2. Information About Us
2.1 Our Sites and Apps are owned and operated by Markd Limited of Unit 1.1 Lafone House, The
Leather Market, 11/13 Weston Street, London, England, SE1 3ER.
3. Access to Our Sites and Apps
3.1 Access to parts of Our Sites and Apps is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Sites and Apps.
3.3 Access to Our Sites and Apps is provided “as is” and on an “as available” basis. We may alter, suspend or
discontinue Our Sites and Apps (or any part of it) at any time and without notice. We will not be liable to you in any
way if Our Sites and Apps (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Sites and Apps and the copyright and other intellectual property rights subsisting in
that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is
protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence,
store, or in any other manner re-use Content from Our Sites and Apps unless given express written permission to do so
by Us.
4.3 You may:
4.3.1 Access, view and use Our Sites and Apps in a web browser (including any web browsing capability built into other
types of software or app);
4.3.2 Download Our Sites and Apps (or any part of it) for caching;
4.3.3 Print pages from Our Sites and Apps;
4.3.4 Download extracts from pages on Our Sites and Apps; and
4.3.5 Save pages from Our Sites and Apps for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Sites and Apps (or that of identified licensors, as
appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Sites and Apps for commercial purposes without first
obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal
access, viewing and use of Our Sites and Apps for general information purposes whether by business users or
consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the
Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in
particular the making of temporary copies; research and private study; the making of copies for text and
data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature,
parody or pastiche; and the incidental inclusion of copyright material.
5. Your Content
5.1 Markd allows you to post content, including images, notes, links and other materials. Anything that you
post or otherwise make available on Markd is referred to as "User Content". You are solely responsible for
the User Content you post to Markd.
5.2 You grant Markd and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide
licence to use, store, display, reproduce, save, modify, create derivative works, perform and distribute
your User Content on Markd solely for the purposes of operating, developing, providing and using Markd.
Nothing in these Terms restricts other legal rights Markd may have to User Content, for example under other
licences. We reserve the right to remove or modify User Content, or change the way it’s used in Markd, for
any reason. This includes User Content that we believe violates these Terms, our Community Guidelines or any
other policies.
5.3 Following termination or deactivation of your account, or if you remove any User Content from Markd, we
may keep your User Content for a reasonable period of time for backup, archive or audit purposes. Markd and
its users may retain and continue to use, store, display, reproduce, save, modify, create derivative works,
perform and distribute any of your User Content that other users have stored or shared on Markd.
5.4 We value hearing from our users, and are always interested in learning about ways we can make Markd
better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without
any restriction or compensation to you. By accepting your submission, Markd doesn’t waive any rights to use
similar or related feedback previously known to Markd, or developed by its employees, or obtained from
sources other than you.
6. Links to Our Sites and Apps
6.1 You may link to Our Sites and Apps provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our
part where none exists;
6.1.3 You do not use any logos or trade marks displayed on Our Sites and Apps without Our express written permission;
and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of
it.
6.2 You may link to any page of Our Sites and Apps.
6.3 Framing or embedding of Our Sites and Apps on other websites is not permitted without Our express written
permission. Please contact Us at contact@battletabs.com for further information.
6.4 You may not link to Our Sites and Apps from any other site the main content of which contains material that:
6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3 promotes violence;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race,
sex, religion, nationality, disability, sexual orientation, or age;
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or
embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s
privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a
particular person in a way that is calculated to deceive (obvious parodies are not included in this
definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
6.4.10 implies any form of affiliation with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not
limited to, copyright, trade marks and database rights) of any other party; or
6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual
duties and duties of confidence.
6.5 The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users
provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4. You are not,
for example, prohibited from posting links on general-purpose social networking sites merely because another
user may post such content. You are, however, prohibited from posting links on websites which focus on or
encourage the submission of such content from users.
7. Links to Other Sites
Links to other sites may be included on Our Sites and Apps. Unless expressly stated, these sites are not under Our
control. We neither assume nor accept responsibility or liability for the content of third party sites. The
inclusion of a link to another site on Our Sites and Apps is for information only and does not imply any endorsement
of the sites themselves or of those in control of them.
8. Disclaimers
8.1 Nothing on Our Sites and Apps constitutes advice on which you should rely. It is provided for general information
purposes only.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Sites and Apps will
meet your requirements, that it will not infringe the rights of third parties, that it will be compatible
with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Sites and Apps is complete, accurate, and up-to-date.
We do not, however, make any representations, warranties or guarantees (whether express or implied) that the
Content is complete, accurate, or up-to-date.
9. Our Liability
9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage,
whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or
otherwise, arising out of or in connection with the use of (or inability to use) Our Sites and Apps or the use of or
reliance upon any Content included on Our Sites and Apps.
9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees
(whether express or implied) that may apply to Our Sites and Apps or any Content included on Our Sites and Apps.
9.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss
of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for
any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that Our Sites and Apps are free from viruses and other
malware. We accept no liability for any loss or damage resulting from a virus or other malware, a
distributed denial of service attack, or other harmful material or event that may adversely affect your
hardware, software, data or other material that occurs as a result of your use of Our Sites and Apps (including the
downloading of any Content from it) or any other site referred to on Our Sites and Apps.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or
non-availability of Our Sites and Apps resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, natural events, acts of war, or legal
restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent
misrepresentation, for death or personal injury resulting from negligence, or for any other forms of
liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights,
including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading
Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Sites and Apps are secure and free from viruses and
other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses,
malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious
or technologically harmful either to or via Our Sites and Apps.
10.4 You must not attempt to gain unauthorised access to any part of Our Sites and Apps, the servers on which Our Sites and Apps
are stored, or any other server, computer, or database connected to Our Sites and Apps.
10.5 You must not attack Our Sites and Apps by means of a denial of service attack, a distributed denial of service
attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under
the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement
authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your
right to use Our Sites and Apps will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Sites and Apps in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or
regulations;
11.1.2 you must not use Our Sites and Apps in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Sites and Apps to knowingly send, upload, or in any other way transmit data that contains
any form of virus or other malware, or any other code designed to adversely affect computer hardware,
software, or data of any kind; and
11.1.4 you must not use Our Sites and Apps in any way, or for any purpose, that is intended to harm any person or
persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Sites and Apps if you materially breach the
provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We
may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access Our Sites and Apps;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity
basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably
necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those
set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
Use of Our Sites and Apps is also governed by Our Privacy Policies, available from https://battletabs.com/privacy-policy.
These policies are incorporated into these Terms and Conditions by this reference.
13. Changes to these Terms and Conditions
13.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon
your first use of Our Sites and Apps after the changes have been implemented. You are therefore advised to check this
page from time to time.
13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous
version(s), the provisions current and in effect shall prevail unless it is expressly stated
otherwise.
14. Contacting Us
To contact Us, please email Us at customerservice@battletabs.com.
15. Communications from Us
15.1 If We have your contact details, We may from time to time send you important notices by email. Such
notices may relate to matters including, but not limited to, service changes and changes to these Terms and
Conditions.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such
consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.
If you opt out of receiving emails from Us at any time, it may take up to 30 business days for Us to comply
with your request. During that time, you may continue to receive emails from Us.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing
emails), please contact Us at customerservice@battletabs.com.
16. Data Protection
16.1 Any and all personal information that We may collect will be collected, used and held in accordance
with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that
Act.
16.2 We may use your personal information to:
16.2.1 Reply to any communications you send to Us;
16.2.2 Send you important notices, as detailed in Clause 15.
16.3 We will not pass on your personal information to any third parties.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise)
shall be governed by, and construed in accordance with the law of England & Wales.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of
residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those
provisions.
17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to
these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall
be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined
by your residency.
17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you
and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be
subject to the exclusive jurisdiction of the courts of England & Wales.