Our Terms and Conditions are for all to see

This page tells you the terms on which you may make use of our service called ThinkBall. Please read these terms carefully before you start. By using ThinkBall you agree to these terms of use.

INFORMATION ABOUT US

ThinkBall is operated by Proxim IT Ltd ("We"). We are registered in England and Wales under company number 4886577 and have our registered office at 8 Southam St, London, W10 5PP. Our main trading address is 8 Southam St, London, W10 5PP. Our VAT number is 820695035.

ACCESSING OUR SITE

Access to ThinkBall is permitted on a temporary basis, and we reserve the right to withdraw or amend it without notice. We will not be liable if for any reason ThinkBall is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of ThinkBall.

If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You may use ThinkBall only for lawful purposes. You may not use ThinkBall:

  • 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 our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, 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.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of ThinkBall.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of ThinkBall;
    • any equipment or network on which ThinkBall is stored;
    • any software used in the provision of ThinkBall; or
    • any equipment or network software owned or used by any third party.

We will do our best to assess any possible risks for users from third parties when they use ThinkBall, and on whether it is appropriate to use moderation (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate anything uploaded to or displayed on ThinkBall, and we expressly exclude our liability for any loss or damage arising from the use in contravention of our content standards, whether ThinkBall is moderated or not.

The use of any of ThinkBall by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use ThinkBall that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using ThinkBall should be made aware of the potential risks to them.

Where we do moderate ThinkBall, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to ThinkBall (contributions), and to any interactive services associated with it. 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.

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.
  • Contain any material which is obscene, offensive, 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 or trade mark 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.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We reserve the right to remove and dispose of any Contributions from ThinkBall in our sole discretion, and to disclose any Contributions to third parties if required to do so by law. You must keep your own backup copies of all your Contributions. We will not be obliged to transmit copies of your Contributions to you.

OUR LIABILITY

ThinkBall is provided 'as is' without any guarantees, conditions or warranties of any kind. To the extent permitted by law, we hereby expressly exclude any liability for any loss or damage incurred by any user in connection with ThinkBall or any materials posted on it.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

[INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy [INSERT AS LINK TO SITE‘S PRIVACY POLICY]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.]

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse ThinkBall by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of ThinkBall, the server on which it is stored or any server, computer or database connected to it. You must not attack ThinkBall via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use ThinkBall will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of ThinkBall or to your downloading of any material posted on it, or on any website linked to it.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to these terms. These terms are governed by English law.

VARIATIONS

We may revise these terms 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 made, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on ThinkBall.