Terms & Conditions

Part I Membership, Services and Fees

1. General Information

1.1. These Terms and Conditions apply to all Users. They cover all aspects of That Social Media Thing Limited including use of the Sites, training services and advertising services. Before proceeding Users should read these Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use the Sites. If, however, you agree to them unconditionally you may use the Sites subject always to these Terms and Conditions. By accessing any of the Sites you indicate your acceptance of these Terms and conditions irrespective of whether or not you register with any of the Sites.

1.2. That Social Media Thing Limited may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the Site. 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 and Conditions may also be expanded on by provisions or notices published elsewhere on the Sites.

1.3. Except as stated below, any amendments to these Terms and Conditions shall be automatically effective immediately they are posted on the Site.

1.4. The Sites are owned and managed, operated and maintained by That Social Media Thing Limited. For your information we list below the address details of That Social Media Thing Limited:

2. Definitions

2.1. In these Terms and Conditions the following words shall have the following meanings, unless the context requires otherwise:

2.2. In these Terms and Conditions unless the context requires otherwise:

2.2.1. any reference to a clause is to the relevant clause of these Terms and Conditions;

2.2.2. headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions;

2.2.3. the singular includes the plural and vice versa;

2.2.4. any gender includes the other gender;

2.2.5. any reference to “persons” includes individuals, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);

2.2.6. any reference to a statute, statutory provision, subordinate legislation, code or guideline is a reference to such as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;

2.2.7. any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

2.2.8. any reference to “in writing” shall include email.

3. Membership Eligibility

3.1. Our Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our Services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to register with the Site nor use the Services and no contract will be formed between you and That Social Media Thing Limited. Further, Services are not available to temporarily or indefinitely suspended That Social Media Thing Limited Members.

4. Formation of Contract

4.1. In order that a legally binding contract can be formed between That Social Media Thing Limited and a Member eligible under clause 3.1, all Users are required to comply with these Terms and Conditions and all Users who register are required to accept these Terms and Conditions unconditionally by clicking the ‘ I have read and agreed to the Terms and Conditions ‘ checkbox during the registration process.

4.2. That Social Media Thing Limited in their absolute discretion reserves the right to refuse, suspend or cancel Membership of any Member at any time and without notice.

4.3. These Terms and Conditions shall override any previous or contradictory terms or conditions published by That Social Media Thing Limited or appearing on the Site.

4.4. In consideration of That Social Media Thing Limited agreeing to the User’s use of the Site and its Services, the User agrees to comply with these Terms and Conditions.

4.5. Each Member warrants to That Social Media Thing Limited that it has the full right, power and authority to enter into and perform its obligations under these Terms and Conditions and has not entered into any arrangement which in any way conflicts with these Terms and Conditions or inhibits, restricts or impairs its ability to perform its obligations under these Terms and Conditions.

4.6. If you are entering into these Terms and Conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these Terms and Conditions.

5. Membership

5.1. Subject to clause 3.1 all Users may visit the Site and access certain free Services without the obligation to register as a Member. In order to access other Services it is necessary to register as a Member.

5.2. In order to become a Member the relevant User shall complete the registration form. The User represents and warrants that the information given in that registration will be accurate and complete. That Social Media Thing Limited will hold that information in accordance with the terms of the That Social Media Thing Limited Privacy Policy and it may be used to validate the Users registration for Membership.

5.3. Membership entitles you to full access to the learning materials available within your membership level.

5.4. A Member may upgrade to a higher Membership Level.

5.5. Each Member shall be responsible for the management of their Membership within their relevant organisation including the administration of access to the Site and Services. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of That Social Media Thing Limited’s registration procedures, you must treat such information as confidential, and you must not disclose it to any third party. That Social Media Thing Limited does not permit the sharing of logins or passwords, and similarly, no group logins and passwords are permitted. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.

5.6. Each Member is responsible for making all arrangements necessary to access the Site subject always to the prohibition on login and password sharing in clause 5.5 and is also responsible for ensuring that all persons who access the Site through the Member’s internet connection are aware of these Terms and Conditions, and ensure that they comply with them.

5.7. Further to clause 5.6, each Member is responsible for ensuring that they supply a valid email address, that the thatsocialmediathing.com and esocialmediacourses.com email domains are whitelisted and that the email account does not block emails from That Social Media Thing Limited. That Social Media Thing Limited accepts no responsibility for the non-receipt of any email communication sent to any User.

5.8. Further to clause 5.6 where a Membership allows for a number of Users to have access, it is your responsibility to ensure that the Users who access the Sites via your Membership are responsible in the management and running of your Membership and that they are legitimate Users. You may not add a User who is not an employee of your organisation. We reiterate that it is your responsibility to manage your Membership within your relevant organisation. That Social Media Thing Limited accepts no responsibility for the management of your Membership within your organisation.

6. Services and Fees

6.1. The Site and Services shall be made reasonably available to all Users in accordance with any Membership Level subject to these Terms and Conditions and subject to technical errors and downtime associated with the Internet and the Site. You acknowledge and accept that such downtime may prevent access to the Site and Services from time to time and that access to the Site and Services shall not, therefore, be error free or uninterrupted.

6.2. The Services are to be provided via the Site which contains a number of areas which may be varied from time to time. That Social Media Thing Limited reserves the right to change the content, presentation, performance, and availability of any part of the Site at its sole discretion and without notice to you.

6.3. Details of the Services are set out on the Site and will be undertaken by That Social Media Thing Limited on acceptance by That Social Media Thing Limited of your order to purchase each Service and payment in full of the relevant Fees for such Service as set out on the Site. Each separate order for Services shall form and be treated as a separate legal contract between you and That Social Media Thing Limited for provision of the relevant Services, but subject at all times to these Terms and Conditions.

6.4. Fees are usually payable immediately online prior to the activation of membership and access to any Services, unless otherwise notified to you. In the case of any Fees to be invoiced by That Social Media Thing Limited such Fees shall be paid by the Member within thirty (5) calendar days of the date of That Social Media Thing Limited’s invoice, unless otherwise notified by That Social Media Thing Limited. Interest will be charged at the rate of two per cent (2%) above the Bank of England base rate from time to time and calculated monthly on any outstanding amount until payment is received.

6.5. In case of non-payment of any sum due from the Member (whether formally demanded or not) or of any other breach or non-observance by the Member of any of these Terms and Conditions, That Social Media Thing Limited shall have the right to suspend or terminate the Member’s access to the Site and Services immediately without prejudice to the right to recover all sums payable by the Member or to any other right or remedy available to That Social Media Thing Limited.

6.6. Without prejudice to clause 6.3, That Social Media Thing Limited reserves the right to change its payment policy and the Fees charged for Services from time to time, with such changes becoming effective immediately. Unless otherwise stated, all fees are quoted in UK Pounds Sterling and exclude VAT and any and all other applicable taxes.

6.7. You agree to pay to That Social Media Thing Limited the Fees for any and all Services you purchase from That Social Media Thing Limited. You further agree that you are responsible for paying any and all applicable taxes including but not limited to VAT. All Fees and any such applicable taxes shall be payable by you in full in advance and are non-refundable, subject to clause 7.

6.8. Any Services with a validity or access period of 365 days are considered subscription services (“Subscriptions”). You acknowledge and agree that all Subscriptions purchased by credit card will be automatically renewed on an annual basis. You will be notified in advance of such automatic renewal. You can cancel such automatic renewal at any point during the period of the initial subscription. Where a Fee is payable for the renewal of the relevant Subscription, the credit card used to purchase the Subscription will be charged the full and current Fee on the day of renewal, and no discounts or special packages that applied to the Subscription when it was initially purchased will continue or be carried forward without the prior agreement of That Social Media Thing Limited. This renewal will constitute a separate order for Services and shall be treated as a separate legal contract between you and That Social Media Thing Limited for provision of the relevant Services, subject to these Terms and Conditions and is subject to clause 7.

6.9. In the event that any individual component of the Services paid for by a Member is disputed then the parties shall endeavour in good faith to reach agreement in relation to the disputed Services. In the event that such dispute cannot be resolved, the matter shall be dealt with pursuant to clause 27.

6.10. From time to time, That Social Media Thing Limited may make special offers entitling Users or Members, to obtain a discount off certain Services including events, reports, membership and training, subject at all times to these Terms and Conditions.

6.11. Any special offer or discount so offered by That Social Media Thing Limited:

6.11.1. will only be valid for the stated Service and cannot be transferred or applied to other Services;

6.11.2. Will only be valid for the nominated time period, or until That Social Media Thing Limited cancels or removes the offer or promotion at its discretion;

6.11.3. may only be redeemed against a new purchase, and cannot be redeemed against an existing or prior purchase for the stated Service;

6.11.4. may only be redeemed online on the Site, unless otherwise stated in the offer;

6.11.5. will only be valid for one promotional code per purchase;

6.11.6. has no cash value and cannot be redeemed for cash or for benefits in kind such as future discounts; and

6.11.7. where communicated to Users via email, is non-transferable unless otherwise stated and the email address provided in the booking must be the same as the email address to which the special offer or discount was sent in order to qualify.

6.12. If a User cancels a Service that was subject to a special offer or discount, any refund payable under clause 7 of these Terms and Conditions shall not include the amount of the discount, and the User shall not be entitled to any subsequent reinstatement of the discount.

6.13. That Social Media Thing Limited reserves the right to cancel a promotion at any time, and/or reject the redemption of a promotional code.

7. Cancellation and Fees Refunds Policy

7.1. If you are acting as a consumer as defined in the Distance Selling Regulations 2000, you have a statutory right to cancel any distance contract within 7 working days of the date of purchase as long as you have not yet accessed the relevant Services. Accordingly, you may cancel any subscription to purchase Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to any of the Sites or services provided by That Social Media Thing Limited under the relevant Membership in accordance with the relevant Membership Level) or the end of 7 working days from the date of purchase, whichever is shorter (“Consumer Cancellation Period”). If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period That Social Media Thing Limited shall refund to you the Fees paid for the relevant Services. If you are acting as a consumer and cancel any contract for Services outside the Consumer Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.

7.2. If you are not acting as a consumer as defined in the Distance Selling Regulations 2000, such regulations shall not apply and That Social Media Thing Limited’s cancellation policy is as follows: you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to any of the Sites or services provided by That Social Media Thing Limited under the relevant Membership in accordance with the relevant Membership Level) or the end of 3 working days from the date of purchase, whichever is shorter (“Business Cancellation Period”). If you are not acting as a consumer and validly cancel any contract for Services within the Business Cancellation Period That Social Media Thing Limited shall refund to you the Fees paid for the relevant Services. If you are not acting as a consumer and you cancel any contract for Services outside the Business Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.

7.3. Further to clause 7.1 and clause 7.2 as the case may be, no part, right, access quota or other element of any Membership may be carried forward, and no credit will be given for the unused portion of any Membership e.g. no credit will be given if fewer Users are on a multi-user Membership than the total amount allowed according to that Membership Level. All your Membership benefits will expire and your access to such benefits will cease when the period of your Membership runs out. You will only re-gain access to That Social Media Thing Limited when your Membership is renewed, and only to the Services or benefits you are entitled to according to the relevant Membership Level.

Part II The Site and the Services

8. Overview of That Social Media Thing Limited

8.1. Overview. The Site acts as a venue for businesses to obtain information and  to take part in and arrange Training (see clause 10). Although Users may choose to conduct business related communications and transactions through the site, That Social Media Thing Limited is not involved in any such communications or transactions and as a result, That Social Media Thing Limited has no control over the quality, safety, truth, accuracy or legality of any products, items, vacancies, statements or services posted or offered, nor does That Social Media Thing Limited have any ability whatsoever to represent, warrant or guarantee the integrity of the providers or purchasers of such products, items, vacancies, statements or services.

8.2. Member identities. Because identification and authentication on the Internet is difficult, That Social Media Thing Limited cannot and does not confirm each User’s identity, whether or not they are a Member. That Social Media Thing Limited allows Members to give access to information about themselves to other Members. If you are in any doubt as to an individual’s identity you are encouraged to take steps to further establish their credentials, for example by communicating directly with them.

8.3. Release. In the event that you have a dispute or issue with one or more of the other Users, you shall release That Social Media Thing Limited (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.4. Information Control. That Social Media Thing Limited is designed to provide Services to help Users obtain information including learning materials, attending training and events, advertise details of digital marketing products or services, and to discuss digital marketing and ecommerce issues. If in future we add a community members area within the site or if you join one of our Social Media groups, the information held there may be provided by our Members, may be people we have never met. That Social Media Thing Limited does not control the information provided by Members or our licensed resellers, and you may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site and please notify us if you find any information to be offensive, harmful, inaccurate or deceptive. Please note that there are also risks in dealing with foreign nationals, underage persons or people acting under false pretences.

8.5. Furthermore, as you cannot be sure who any contributor really is, you should treat the contributors here in the same way that you would treat anyone you had come across for the first time. You should not rely upon the information you find at the Site but rather, you should use it as a starting point for doing your own independent research, then decide for yourself the accuracy and merits of the information that has been shared in our forum and on our Site including on the blogs section of the Site (see clause 17). As such That Social Media Thing Limited cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided.

8.6. The opinions expressed on the Site are those of the contributing individuals. If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed up the pros, cons and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall That Social Media Thing Limited be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Site irrespective as to whom the contributor is. You agree to indemnify That Social Media Thing Limited on demand against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site.

9. Reports Service

9.1. The Site contains learning materails and other content that Users may access. Some content may only be accessed by Members in accordance with the relevant Membership Level and other content is free of charge.

9.2. Subject to clause 9.9 That Social Media Thing Limited hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until That Social Media Thing Limited may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to the Reports in accordance with the terms of the Membership (if applicable) and at all times only for the User’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.

9.3. The User shall not alter or remove any content of any Reports including hyperlinks, copyright notices or other notices indicating rights in the learning materials.

9.4. For the avoidance of doubt, the licence granted in clause 9.2 above shall not permit the User to do any of the following without the prior written consent of That Social Media Thing Limited:

9.4.1. transfer the licence granted in clause 9.2;

9.4.2. download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Reports for any purposes other than as set out in clause 9.2;

9.4.3. sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Reports, to any other person, or attempt to do any of the foregoing;

9.4.4. disclose the learning materials whether in part or in their entirety to any third party, including any associated or affiliated company;

9.4.5. in any way commercially exploit any of the learning materials’ content; or

9.4.6. use the learning materials for any unlawful purpose.

9.5. Any breach by the User of any of the terms of the licence will entitle That Social Media Thing Limited to terminate the licence granted in clause 9.2 and, if applicable, your Membership.

9.6. Without prejudice to clause 9.2 That Social Media Thing Limited reserves the right to amend, edit or abbreviate or take down once published any content at our discretion.

9.7. Without prejudice to the generality of clause 6.1, you acknowledge and accept that there may be technical downtime or errors relating to the Reports Service. Such downtime or errors may prevent Reports being viewed by Users of the Site. That Social Media Thing Limited shall not be liable if the publication of content is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.

9.8. In any event, our liability in relation to the content shall be limited to a sum equal to the amount paid to us for the relevant Membership Level, or £300, whichever is the greater amount.

9.9. You agree to pay the relevant Fees for Membership, if any, set out on the Site in order to access certain content in accordance with this clause 9.9 and these Terms and Conditions. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all Memberships accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain content is permitted, and no licence under clause 9.2 shall be granted until we receive payment in full for the relevant content. Fees paid to us for content shall be non-refundable.

10. Training Services

10.1. Overview. That Social Media Thing Limited is a training provider and provides training via the Site and at other venues. Users may access some Training online at no charge and other online Training may attract a Fee. Members may wish to attend Training events offered by That Social Media Thing Limited offline at a Venue to be determined by That Social Media Thing Limited. Members may wish to arrange for bespoke Training to be provided and That Social Media Thing Limited may agree to provide such Training on these Terms and Conditions subject always to the payment by the Member of the appropriate Fee. Training can be booked either online via the training booking form or by contacting That Social Media Thing Limited directly. In either case the arrangements for Training are subject to That Social Media Thing Limited’s confirmation of the booking.

10.2. Where so agreed, That Social Media Thing Limited will provide the Member with the Training at the Venue, subject to That Social Media Thing Limited’s prior approval of the Venue and subject at all times to these Terms and Conditions.

10.3. Where Members wish to arrange bespoke Training, the Member and That Social Media Thing Limited shall together agree on the Venue. If the Venue is not at the Member’s premises then That Social Media Thing Limited can suggest alternative locations, however, the Member shall be responsible and liable, at its own cost, for the provision of the Venue and any necessary facilities requested by That Social Media Thing Limited or the Trainer(s) to enable delivery of the Training (for example, without limitation, seating, projector, access to computers and/or the internet). The Member shall ensure that the Venue is safe and adequate for the provision of Training to participants and shall provide That Social Media Thing Limited with a copy of any applicable Venue Terms at least two weeks prior to the scheduled date of the Training. The Member and all parties employed or otherwise engaged by it shall comply with all Venue Terms relating to the Training and the Member’s attendance at the Training.

10.4. The Member acknowledges that the Trainers are not necessarily employees of That Social Media Thing Limited and that That Social Media Thing Limited may, at its sole discretion, procure the services of third parties to provide any part of or all of the Training.

10.5. The Trainers do not represent That Social Media Thing Limited and the views and opinions of the Trainers are not necessarily the views and opinions of That Social Media Thing Limited and That Social Media Thing Limited disclaims all and accepts no liability for any acts or omissions of the Trainers, or the statements they make or information that they provide.

10.6. That Social Media Thing Limited will use reasonable endeavours to ensure that any individually named Trainer(s) shall provide the relevant Training, but where this is not possible, That Social Media Thing Limited reserves the right to procure the services of suitable alternative Trainer(s), provided that That Social Media Thing Limited shall give the Member notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.

10.7. That Social Media Thing Limited will use reasonable endeavours to ensure that the Training shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, That Social Media Thing Limited reserves the right to alter the date(s), and/or time(s), provided that That Social Media Thing Limited shall give the Member notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.

10.8. That Social Media Thing Limited hereby grants to the Member a non-exclusive worldwide licence for the duration of the Membership to download, store, reproduce, transmit, display, copy the Training Materials, and where the Member is an organization, to provide access only to its Users who attend the relevant Training and then only within the Member’s single entity and providing always that they are used only for the Member’s own business purposes.

10.9. The Member shall not alter or remove any copyright notices or other notices indicating rights in the Training Materials.

10.10. For the avoidance of doubt, the licence granted in clause 10.8 shall not permit the Member to do any of the following without the prior written consent of That Social Media Thing Limited:

10.10.1. transfer the licence granted in clause 10.8;

10.10.2. download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Training Materials for any purposes other than as set out in clause 10.8;

10.10.3. sub-license, rent, lease, transfer or assign any IPRs in the Training Materials, to any other person, or attempt to do any of the foregoing;

10.10.4. disclose the Training Materials whether in part or in their entirety to any third party, including any associated or affiliated company;

10.10.5. in any way commercially exploit any of the Training Materials content; or

10.10.6. use the Training Materials for any unlawful purpose.

10.11. The Member grants That Social Media Thing Limited a non-exclusive perpetual irrevocable worldwide licence to use the Member’s name and trade marks in connection with the promotion and delivery of the Training and for the creation of the Training Materials for the Member.

10.12. If the Member wishes to cancel any Training That Social Media Thing Limited shall be entitled to (but without being obliged to do so and without prejudice to any other right or remedy available to That Social Media Thing Limited) apply the following cancellation charges where That Social Media Thing Limited receives notice of cancellation of the relevant Training:

10.12.1. between four and six weeks before the date of the relevant Training – fifty per cent (50%) of the Fee attributable to that element of the Training plus VAT;

10.12.2. four weeks or less before the date of the relevant Training – one hundred per cent (100%) of the Fee attributable to that element of the Training plus VAT; and

10.12.3. if the cancellation charges above do not cover any costs incurred by That Social Media Thing Limited in preparation of the provision of the relevant Training then That Social Media Thing Limited may invoice the Member and the Member shall pay for the additional sum required to cover those costs.

10.13. Without prejudice to the generality of clause 6.1, you acknowledge and accept that there may be technical downtime or errors relating to the provision of Training online and Online Training Materials. Such downtime or errors may prevent Training and Online Training Materials being accessed by Users of the Site and That Social Media Thing Limited shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.

10.14. In any event, our liability in relation to the provision of Training as per the relevant confirmation of booking pursuant to clause 10.1 shall be limited to a sum equal to the amount paid to us for the Training in question or £100, whichever is the greater, and That Social Media Thing Limited shall not be liable for any loss of or damage to any images or text provided to us by you when submitting any booking for training, whether online or otherwise.

10.15. You agree to pay the relevant Fees for Training, if any, set out on the Site or otherwise notified in order to access certain Training including Online Training. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all Online Training accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain Online Training is permitted, and no licence under clause 10.8 shall be granted until we receive payment in full for the relevant Online Training. Fees paid to us for Online Training shall be non-refundable.

10.16. Some Training provided by us involves or is delivered in partnership with another educational organisation or institution providing accreditation or an award of qualification for such Training (such organisation or institution, an “Accreditation Partner”). Where applicable, your admission and participation in such Training shall be in accordance with these Terms and Conditions but also subject to that Accreditation Partner’s policies, rules, regulations and institutional code of practice that may apply to you. That Social Media Thing Limited accepts no responsibility or liability for the application or operation of the Accreditation Partner policies and regulations, the terms of which shall be between you and the Accreditation Partner. To the extent that That Social Media Thing Limited is reliant on the Accreditation Partner to provide certain course or Training components, functions and other obligations relating to the delivery of any such Training, you acknowledge and agree that That Social Media Thing Limited shall not be liable for any default or delay on the part of the Accreditation Partner in respect of such obligations.

11. Email Newsletter

11.1. The registration for Membership process allows each Member to sign up for email alerts and newsletter service. All Information provided as part of this process must be provided in accordance with clause 12 and That Social Media Thing Limited shall handle all information supplied in accordance with the Privacy Policy from time to time. Each Member shall have the opportunity to opt out of the email alerts and newsletter service at any time.

16. Your Information

12.1. “Your Information” is defined as any information you provide to That Social Media Thing Limited or other Users during registration, in any public message area, at Events or Training, through feedback or any e-mail or form features.

12.2. Your Information and conduct (or any items listed therein) shall not:

12.2.1. be false, inaccurate or misleading;

12.2.2. be fraudulent or involve the sale of counterfeit or stolen items;

12.2.3. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

12.2.4. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

12.2.5. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

12.2.6. be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;

12.2.7. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

12.2.8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

12.2.9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything; or

12.2.10. post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another User.

12.3. To enable That Social Media Thing Limited to use Your Information supplied, such that we are not violating any rights you might have in that information, you agree to grant That Social Media Thing Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence and the right to sub-license (through multiple tiers) to use the Intellectual Property Rights you have in Your Information, in any media now known or not currently known. That Social Media Thing Limited will only use Your Information in accordance with the Privacy Policy of the Site.

12.4. You are responsible for all statements made and acts that occur through the use of your Membership and password. If your password has been disclosed to a third party or stolen, you must let us know.

12.5. While That Social Media Thing Limited cannot review all transmissions by Users in our Social Media Groups, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. That Social Media Thing Limited, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of these Terms and Conditions.

13. Blogs Service

13.1. “Blogs” are essentially web pages containing information posted by the relevant creator of such web pages. Blogs are managed and edited by certain editors on the Site who are either freelance or guest editors of the blogs on the Site (“Independent Editors”) and as such Independent Editors are not representatives of That Social Media Thing Limited or its views.

13.2. That Social Media Thing Limited does not control or edit any of the information or views set out by Independent Editors on any blog on the Site and accordingly That Social Media Thing Limited does not warrant or guarantee the validity, accuracy or reliability for such information or views expressed by Independent Editors on the Site. That Social Media Thing Limited does not endorse or advocate any of the information or views set out on any blog on the Site which are the views of the Independent Editors and not of That Social Media Thing Limited.

13.3. That Social Media Thing Limited carries out no review nor does it exercise any editorial control over any blogs posted on the Site. That Social Media Thing Limited does not vet or otherwise filter any submissions made to Independent Editors for inclusion in blogs on the Site. However, if an Independent Editor uses any story, press release or other material submitted by you for inclusion in a blog, That Social Media Thing Limited reserves the right to delete it from the Site at That Social Media Thing Limited’s sole discretion and That Social Media Thing Limited may refuse to publish any blog for any reason. Accordingly all That Social Media Thing Limited’s liability or responsibility for the content of blogs on the Site and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law subject that That Social Media Thing Limited’s maximum liability for such material shall be strictly limited to removing any material which is reasonably notified in writing to That Social Media Thing Limited as infringing the rights of others or otherwise illegal.

13.4. You acknowledge the risk of Intellectual Property Rights infringement and breach of confidentiality relating to any material you submit to the Independent Editors through the Site for inclusion in a blog on the Site, You, therefore, warrant and represent that you own all Intellectual Property Rights in such material and that such material shall not:

13.4.1. reproduce images or text copied in whole or in part from other sources;

13.4.2. be confidential information owned by a third party;

13.4.3. be false, fraudulent, inaccurate or misleading;

13.4.4. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

13.4.5. be defamatory, libellous, unlawfully threatening or unlawfully harassing;

13.4.6. be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;

13.4.7. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

13.4.8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

13.4.9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.

13.5. You shall fully indemnify That Social Media Thing Limited for any claims or damage (including legal costs) for any of the warranties set out in clause 17.4.

13.6. To enable That Social Media Thing Limited to permit (un-reviewed) publication of the blogs of the Independent Editors on the Site, such that we are not violating any rights you have in that information or material, you agree to grant That Social Media Thing Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use the Intellectual Property Rights you have in such information and material for the purpose of permitting its (un-reviewed) publication in Independent Editor’s blogs on the Site and for any other purposes, including commercial purposes.

13.7. If That Social Media Thing Limited becomes aware that any material displayed on a blog on the Site is or may be in breach or probably breach any of the terms and conditions set out above it shall have the right to delete it in accordance with clause 17.4 above. Accordingly, we invite you to report to That Social Media Thing Limited any material on a blog we you believe may breach the above terms and conditions.

14. Events

14.1. ‘Events’ includes all conferences, receptions, networking events and briefings and this clause applies to all booking, tickets and attendance at Events by Members.

14.2. Tickets for attendance at Events can be booked online or by contacting That Social Media Thing Limited directly. Arrangements for events are subject to That Social Media Thing Limited’s confirmation of the booking.

14.3. The Member acknowledges that any speakers at the Events (“Speakers”) are not necessarily employees of That Social Media Thing Limited and that That Social Media Thing Limited may, at its sole discretion, procure the services of third parties to provide any part of, or all of the Event.

14.4. The Speakers do not represent That Social Media Thing Limited and the views and opinions of the Speakers are not necessarily the views and opinions of That Social Media Thing Limited and That Social Media Thing Limited disclaims all and accepts no liability for any acts or omissions of the Speakers, or the statements they make or information that they provide.

14.5. That Social Media Thing Limited will use reasonable endeavours to ensure that any individually named person(s) shall provide the agreed services at the Event, but where this is not possible, That Social Media Thing Limited reserves the right to procure the services of suitable alternative person(s). Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.

14.6. That Social Media Thing Limited will use reasonable endeavours to ensure that the Event shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, That Social Media Thing Limited reserves the right to alter the date(s), and/or time(s), provided that That Social Media Thing Limited shall give the Member notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.

14.7. The Member may be provided certain Training Materials at the Event (“Event Materials”) and the Member is not permitted to do any of the following without the prior written consent of That Social Media Thing Limited:

14.7.1. reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Event materials or proceedings without prior approval

14.7.2. sub-license, rent, lease, transfer or assign any IPRs in the Event materials, to any other person, or attempt to do any of the foregoing;

14.7.3. disclose the Event materials whether in part or in their entirety to any third party, including any associated or affiliated company;

14.7.4. in any way commercially exploit any of the Event materials content; or

14.7.5. use the Event materials for any unlawful purpose.

14.8. The Member grants That Social Media Thing Limited a non-exclusive perpetual irrevocable worldwide licence to use the Member’s name and trade marks in connection with the promotion and delivery of the Event.

14.9. If the Member wishes to cancel any Event booking That Social Media Thing Limited shall be entitled to (but without being obliged to do so and without prejudice to any other right or remedy available to That Social Media Thing Limited) apply the following cancellation charges where That Social Media Thing Limited receives notice of cancellation of the relevant Event:

14.9.1 between four and six weeks before the date of the relevant Event – fifty per cent (50%) of the Fee attributable to that element of the Event plus VAT; and 18.10.2 four weeks or less before the date of the relevant Event – one hundred per cent (100%) of the Fee attributable to that element of the Event plus VAT.

14.9.2 for any Event That Social Media Thing Limited organises where discount codes are available, such as JUMP, Digital Cream or Peer Summit, the booking of a place or places at such events will deem the Member to agree to both That Social Media Thing Limited’s standard Terms and Conditions as well as any additional terms and conditions (including penalties and fees owing for non-attendance) on the Event’s specific registration page.

14.10. You acknowledge and accept that there may be technical downtime or errors relating to the provision of Events or elements of Events online and Event Materials provided online. Such downtime or errors may prevent the Event and Online Event Materials being accessible and That Social Media Thing Limited shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.

14.11. Although That Social Media Thing Limited believes the content of the Event materials to be accurate, complete and current, to the fullest extent permitted by law, That Social Media Thing Limited provides all Event materials on an “as is” basis and disclaims all warranties regarding the Event materials. Further no advice or information given by That Social Media Thing Limited or its agents, contractors or suppliers shall create any warranty. It is the Member’s responsibility to verify any information before relying on it. Further, the Event materials may include technical inaccuracies or typographical errors. That Social Media Thing Limited may make changes to the Event materials at any time. That Social Media Thing Limited does not guarantee that any Event Materials will be made available in electronic or physical versions.

14.12. In any event, our liability in relation to the provision of the Event shall be limited to a sum equal to the amount paid to us for the Event in question or £100, whichever is the greater, and That Social Media Thing Limited shall not be liable for any loss of or damage to any images or text provided to us by you when submitting any booking for an event, whether online or otherwise.

14.13. You agree to pay the relevant Fees for the Event, if any, set out on the Site or otherwise notified in order to access certain Events including online Events. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all online Events accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain online Event is permitted. Fees paid to us for online Events shall be non-refundable.

14.14. The Member and all parties employed or otherwise engaged by it shall comply with all Venue Terms relating to the Event and the Member’s attendance at the Event, as may be notified to the Member or the Member’s employees from time to time.

14.15. The Member and all parties shall comply with the reasonable directions of the Venue and That Social Media Thing Limited whilst attending the Event and/or on Venue premises.

15. Access and Interference

15.1. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of That Social Media Thing Limited.

15.2. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site nor attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

15.3. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

15.4. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to That Social Media Thing Limited by our Users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of That Social Media Thing Limited or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

15.5. By breaching this clause 19, you may 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 the Sites will cease immediately.

15.6. 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 the Sites or to your downloading of any material posted on it, or on any website linked to it.

16. Breach

16.1. Without limiting any other remedies available to it, That Social Media Thing Limited may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Membership and refuse to provide the Services to you if:

16.1.1. you breach these Terms and Conditions or the documents incorporated by reference (including but not limited to our Privacy Policy)

16.1.2. That Social Media Thing Limited are unable to verify or authenticate any information you provide to us; or

16.1.3. That Social Media Thing Limited believe that your actions may cause legal liability for you, our Members or That Social Media Thing Limited.

17. Privacy

17.1. By registering, you are agreeing that other Members may make statements about your views, opinions or services which you regard as untrue. In any such case, if you contact That Social Media Thing Limited, giving full details, That Social Media Thing Limited will conduct a brief investigation and may remove the offending statement. Whether or not the offending statement is removed you hereby waive any right you might otherwise have against That Social Media Thing Limited in connection with such statements. You accept that That Social Media Thing Limited cannot control such statements and it is not practicable to conduct full, detailed, investigations. For more details on Privacy, please review our Privacy Policy.

18. No Warranty

18.1. The Site including, without limitation, its contents, functionality, performance and features are provided on an “as available basis” at the User’s sole risk and without representations or warranties without any express or implied warranties of. of any kind and to the full extent permitted by law. That Social Media Thing Limited and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to (i) title; (ii) that the use of the materials will not infringe any IPRs of any other person; (iii) satisfactory quality or fitness for any particular purpose; or (iv) that the content of the Site and Training Materials are accurate, complete or error free

18.2. Although That Social Media Thing Limited believes the content of the Training Materials to be accurate, complete and current, to the fullest extent permitted by law, That Social Media Thing Limited provides all Training Materials Further no advice or information given by That Social Media Thing Limited or its employees, agents, contractors or suppliers shall create any warranty. It is the Member’s responsibility to verify any information before relying on it. Further, the Training Materials may include technical inaccuracies or typographical errors. That Social Media Thing Limited may make changes to the Training Materials at any time.

20. Liability Limit

20.1. Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of That Social Media Thing Limited for fraud or for negligence causing death or personal injury or where and to the extent that applicable law prohibits such exclusion or limitation.

20.2. Subject to the above statement and any clauses relating to limitation of liability elsewhere in these terms and conditions, in no event shall That Social Media Thing Limited or its suppliers be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms and Conditions for: (a) direct, consequential, indirect or special loss or damage; or (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), and in each case whether advised of the possibility of such loss or damage and however incurred including as a result of negligence arising out of or in connection with the Site or Services.

20.3. Accordingly, subject to clause 22.1, you agree not to bring a claim of any nature against That Social Media Thing Limited in relation the use of or access to the Site and use or access to the Services, except where such a claim cannot be excluded by law. You acknowledge and agree that That Social Media Thing Limited will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against That Social Media Thing Limited in breach of the foregoing.

20.4. That Social Media Thing Limited shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any Service.

20.5. That Social Media Thing Limited shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and Conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and Services.

20.6. You acknowledge that information, software and other material accessible over the Internet via the Site may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. That Social Media Thing Limited shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet, Site or Services. Further whilst That Social Media Thing Limited uses reasonable efforts to ensure the security of the Site and Users’ and Members’ data, That Social Media Thing Limited shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from unauthorised third party access to the Site whether by hacking or otherwise.

20.7. That Social Media Thing Limited shall not be liable for orders for purchase of or Subscriptions to Services which are made via the Site but are not received by That Social Media Thing Limited for any reason, including but not limited to errors, disruption or downtime of Site which may, owing to corruption of data, lead to such orders/subscriptions being lost or which may lead to orders of/subscriptions to Services being submitted incomplete or with errors in which case such orders of/subscriptions to Services may need to be re-submitted.

21. Indemnity

21.1. You agree to indemnify (and to keep indemnified) on demand, defend and hold harmless That Social Media Thing Limited and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.

22. No Agency

25.1. You agree that you and That Social Media Thing Limited are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your purchase of any Services.

23. Notices

23.1. All notices required to be served on That Social Media Thing Limited shall be sent to the contact address stated in clause 1 or to the e-mail address of That Social Media Thing Limited as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.

23.2. All notices required to be served by That Social Media Thing Limited shall be posted on the Site to the extent that they relate to a non-Member User, or sent to the relevant contact email address supplied to That Social Media Thing Limited by the relevant Member or as notified by the relevant Member from time to time for such purpose.

24. Arbitration

24.1. Any dispute or claim arising out of or relating to these Terms and Conditions or That Social Media Thing Limited’s Services shall be settled by an arbitration tribunal designated by That Social Media Thing Limited. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or That Social Media Thing Limited.com may seek any interim or preliminary relief from a court of competent jurisdiction in the U.K. necessary to protect the rights or property of you or us pending the completion of arbitration.

25. Intellectual Property

25.1. You acknowledge that the ownership of any Intellectual Property Rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to That Social Media Thing Limited or its third party licensors. Accordingly, any part of this Site (including for the avoidance of doubt, its source HTML or any other code, RSS feeds, content within emails, downloadable files) may not be used, transferred, copied or reproduced in whole or in part in any manner including, for the avoidance of doubt, on any intranet or extranet or any other site or storage facility whether for storage or for others to view without the prior written consent of That Social Media Thing Limited, other than for the purposes of utilising this Site and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.

25.2. That Social Media Thing Limited reserves the right in accordance with the licences granted under clause 16.3 and 17.6 and 28.4 to license and republish the material contributed by you.

25.3. No person other than the rightful owner or licensee of any Intellectual Property Rights may:

25.3.1. distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without That Social Media Thing Limited’s or the relevant licensee’s prior written permission;

25.3.2. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the That Social Media Thing Limited Services without That Social Media Thing Limited’s or the relevant licensee’s prior written permission;

25.3.3. display, publish, copy, print, post or otherwise use the That Social Media Thing Limited Services and the information contained therein for the benefit of any other website without That Social Media Thing Limited’s or the relevant licensee’s prior written permission;

25.3.4. process or otherwise use the information contained on or within the That Social Media Thing Limited Services for any illegal or immoral purpose nor use or process the same unfairly.

25.4. You agree and accept that That Social Media Thing Limited may publish or otherwise distribute Your Information and you therefore grant to That Social Media Thing Limited an irrevocable, perpetual, non-exclusive right and licence without any restriction as to field or purposes of use, to publish Your Information and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.

25.5. You therefore hereby undertake to That Social Media Thing Limited to indemnify and hold harmless That Social Media Thing Limited in full and defend at its own expense That Social Media Thing Limited against all claims, liabilities, costs and losses whatsoever and howsoever incurred by That Social Media Thing Limited its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any Intellectual Property Rights of any third party caused by your use of the Site and Your Information.

25.6. That Social Media Thing Limited, That Social Media Thing Limited.com, the That Social Media Thing Limited.com logo and the That Social Media Thing Limited logo are trade names or trademarks of That Social Media Thing Limited, the use of which is forbidden by any other persons without the express permission of That Social Media Thing Limited.

25.7. That Social Media Thing Limited makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the That Social Media Thing Limited Services please contact That Social Media Thing Limited at the contact address in clause 1.

30. Third Party Advertising and Links to Third Party Sites

30.1. There may be third party advertising posted on the Sites from time to time which may contain links to Third Party Sites. You acknowledge and accept that That Social Media Thing Limited does not exercise any review or editorial control over the content of such third party advertising whatsoever. Accordingly, That Social Media Thing Limited’s liability and responsibility for the content of such third party advertising on the Site and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.

30.2. Where That Social Media Thing Limited provides hyperlinks to a Third Party Site, That Social Media Thing Limited shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such site and That Social Media Thing Limited does not endorse or approve the content of such Third Party Sites. If you decide to use any link to a Third Party Site you leave the Site and you do so at your own risk.

30.3. Links to Third Party Sites in the third party advertising or otherwise on the Site do not imply that:

30.3.1. That Social Media Thing Limited is affiliated or associated with the owners of such Third Party Sites;

30.3.2. That Social Media Thing Limited is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Sites; or

30.3.3. any linked Third Party Site is authorised to use any trade mark, trade name, logo or copyright of That Social Media Thing Limited.

30.4. From time to time, third parties may sponsor or otherwise advertise at Events that are delivered by That Social Media Thing Limited. That Social Media Thing Limited shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such advertisements and such sponsorship or advertisement does not mean That Social Media Thing Limited endorses or approves the content or services of such sponsors or advertisers.

31. Intellectual Property Infringement

31.1. Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for That Social Media Thing Limited to know if a posting or other content contribution infringes a third party’s Intellectual Property Rights and to what degree.

31.2. If you believe that your Intellectual Property Rights have been infringed, it is your obligation to notify That Social Media Thing Limited immediately. That Social Media Thing Limited accepts no liability for the infringement of any Intellectual Property Right or any infringement of a third party’s Intellectual Property Rights by any of its Members though That Social Media Thing Limited will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.

32. General

32.1. Assignment Users and Members shall not be entitled to assign, transfer, charge or licence the whole or any part of its rights and/or obligations under these Terms and Conditions without the prior written consent of That Social Media Thing Limited.

32.2. Sub-contracting That Social Media Thing Limited may engage any person, firm or company as its sub-contractor to perform any of its obligations.

32.3. Relationship Nothing in these Terms and Conditions shall be deemed to create a partnership or joint venture or contract of employment of any kind between the parties nor shall it be deemed to grant any authority not expressly set out in the Agreement or create any agency between the parties.

32.4. Entire agreement Other than in any relevant provisions, notices or other conditions published elsewhere on the Sites, each party confirms that these Terms and Conditions set out the entire agreement and understanding between the parties and that it supersedes all previous agreements, arrangements and understandings between them relating to the subject matter of the That Social Media Thing Limited Site and Services. The User or Member as the case may be confirms that it has not relied upon any statement, representation or understanding that is not an express term and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.

32.5. Waiver No failure or delay exercise by any party in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by either party of any right, power or remedy preclude any further exercise of any other right, power or remedy.

32.6. Severance To the extent that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

32.7. Force Majeure A party will not be liable for any failure/delay in performing its obligations under these Terms and Conditions to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party including acts of god, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If consequently either party is prevented from performing its obligations for a period exceeding three (3) months then the other party may terminate these Terms and Conditions immediately on written notice.

32.8. Rights of Third Parties Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions.

32.9. Further Assurance Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights and benefits to be transferred to the other party under these Terms and Conditions.

32.10. Miscellaneous The rights and remedies of the parties under this Agreement are cumulative and in addition to any rights and remedies provided by law. Any variation to this Agreement must be in writing and agreed by the parties. This Agreement may be executed in counterpart.

32.11. Governing Law These Terms and Conditions shall be governed in all respects by English law as if the contract was wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.