Welcome to passingboxes
By accessing the website (which includes browsing and any use, with any device or by any means) you are agreeing to be legally bound by these terms.
passingboxes may make changes to any part of the website and may add to or change these Terms. All changes become effective as soon as they are posted. It is your responsibility to refer to the Terms whenever you access the website.
We will not be liable if for any reason the website is unavailable for any period.
From time to time, we may restrict access to some parts of the website, or the entire website, to users who have registered with us.
Ownership of the website
The website is owned and operated by Lifearama Limited. It is registered in England and Wales under company number 10283800, whose registered office is at 24 Darville Road, London, N16 7PS, UK. VAT number 267005318. In these terms, we refer to Lifearama Limited as passingboxes and/or passingboxes.com.
passingboxes reserves the right to suspend or terminate your access to the website at any time, with or without notice or explanation, if we believe you are violating the Terms in any way.
Forum (The kitchen table) and comment (The Open Box) guidelines
Be nice, be friendly, treat others with respect, please do not swear!
By adding a comment to the site, you agree to comply with the following terms:
a) passingboxes reserves the right in its absolute discretion at any time to edit, alter, delete or move any material, such as comments added by passingboxes and you.
b) passingboxes will not enter into any discussions about its decision to edit, alter, delete or move such material.
c) passingboxes reserves the right to share material, such as the content of comments with other organisations who may also publish the material.
d) Excessive swearing will result in a warning to the user, at passingboxes discretion
e) The user must submit only his/her own original images and agrees and confirms that this will not infringe the copyright or any other rights of any third party.
f) The photo should be of sufficient quality to publish.
g) passingboxes reserves the right to edit any photo.
h) If your user generated content contains what appears to be illegal conduct, passingboxes may notify law enforcement authorities to disclose or identify anyone.
i) You are prohibited from posting or transmitting to or from the Website any material:
i. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, intolerant in any way, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience on either Kitchen Table forum, Open Box comments or within any users Private Messaging;
ii. for which you have not obtained all necessary licences and/or approvals; or
iii. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
iv. which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)
j) Lifearama accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that Lifearama accept no liability whatsoever if Lifearama so chooses from time to time to edit, restrict or remove the User-Generated Content.
k) passingboxes.com is to be used by you for your personal use only and may not be used for commercial purposes (to promote a company, product or service or to recruit staff) without prior written permission.
l) You (whether acting in your capacity as a journalist in any media or otherwise) must not post appeals for case histories on passingboxes.com. All media requests should be sent to firstname.lastname@example.org. Unauthorised appeals for information will be removed.
m) persistent breach of these rules will result in warnings to the user via private messaging, after two warnings the user’s account will be deleted
n) the forum and comments sections on passingboxes.com is moderated between 9.30 and 6pm Monday – Friday. Any queries out of these times should be emailed to email@example.com where we will endeavour to come back to you within 72 hours, if not before.
Terms & conditions for freelancers and contributors of user-generated content
A. Scope of terms
These Terms relate to Lifearama Limited. These Terms set out the Company’s agreement with freelance contributors to passingboxes.
‘Material’ means any copyright work as set out in the copyright legislation and covers Material intended for publication as well as background Materials which have been used directly or indirectly for Material intended for use on passingboxes.
By submitting Material for use, you agree to be legally bound by these Terms effective immediately. Please do not access or contribute to the website unless you agree to be legally bound by all of these terms.
B. Variation of terms
1. These Terms will not be varied, unless a Director of the Company or the Editor has expressly agreed in writing to a variation. If any contributor is not happy with these Terms then they should not offer the Company any Material, nor accept a commission, nor post any comments on the website. Any Material posted or supplied to the Company for publication is deemed to have been supplied in full knowledge and acceptance of these Terms.
2. The Company may change these Terms at any time by posting changes online and it is your responsibility to check them each time you submit Material to passingboxes. If any freelancer is not happy with these Terms then they should not offer us any Material or accept a commission from us. Any material supplied to us for publication is deemed to have been supplied in full knowledge and acceptance of the most recent updated Terms. Your continued or renewed use of the Company’s Website after such changes are posted means you agree to be bound by these amended Terms.
C. External contributions covered by terms
Material supplied by:
The Company is happy to publish Material which is supplied by freelance contributors (‘Freelancers’).
Freelancers should be aware that these Terms are the terms of business that will apply to all Material you provide however supplied - commissioned, sent on spec or any other arrangement. Section D contains specific additional terms if you are a Freelancer.
2. Contributors of user-generated content
The Company wishes to encourage the broadest exchange of news and information to encourage stimulating, informative and above all intelligent debate. To ensure the debate flows freely, with only minimal intervention required of a respected publisher, access to and use of any forum by external contributors (including comments on blogs) hosted by Lifearama Limited and its website is also subject to the following terms and conditions. Your non-commissioned self-generated contributions to any area on the website and any comments you post on content on the website are called user-generated content or UGC (referred to as the ‘Contribution’).Section E contains specific additional terms if you are a contributor of user-generated content.
D.1 Rights in the material
It is very important for both parties that there is a clear understanding over who can exercise which rights in the Material. As is the case with other publishers, the Company needs to have certain rights to allow it to make further use of the contents of the website.
The Company will require the exclusive right to first publication in any medium in the case of commissioned material; if not, this will be made clear to you in writing by your editorial contact at Lifearama Limited. There may be occasions when there is a delay in publishing your material. Should this be the case, after a reasonable time has elapsed from the date when you submitted your material, it may be possible to request a waiver by Lifearama Limited of its exclusive right to first publication of your material. Such a variation to these Terms must be negotiated with your editorial contact at the Company in writing.
Unless otherwise agreed:
(a). You retain copyright.
(b) The Company has the following rights, which are worldwide, perpetual, irrevocable and sub-licensable, and, are exclusive for one year from the date of delivery of your Material and non-exclusive thereafter:
(b)(i) the right to syndicate, distribute, license, republish or retransmit the Material in all present and future media and formats, including print, electronic, online, telephony, mobile and tablet apps and all others and
(b)(ii) the rights in the title, format and any pseudonym used in respect of your material.
(c)In addition Lifarama Limited also has the following non-exclusive rights which apply to all your material submitted to Lifearama and any contribution made by you to the website, whether that includes text, photographs, graphics, video or audio in any format:
©(I)the right to store your material in any database or archive in any present or future media or format. You are free to store and allow access to your material on databases for personal purposes provided nothing competes or conflicts with the rights you have granted the Company; and
(c)(ii) in respect of all of the above, the right to translate, amend, cut or alter your material as Lifearama Limited thinks appropriate.
(d) the exercise by you of any of these rights is conditional on it not leading to any conflict of interest with Lifearama Limited, and to your procuring a proper acknowledgement to Lifearama and its product is given on any further use of your material together where possible with a link to the material on the passingboxes website.
(e) you agree that Lifarama Limited may use an image of you in association with your material for purposes of publicity, promotion and other activity related to the exercise of its rights under these Terms.
D.2) Payment / Consideration
D.2.(a) If your editorial contact from Lifearama Ltd has agreed to pay you a fee for your material, such a fee will be a single all-inclusive fee for all the rights granted above (including the syndication rights in D.1). If such a fee has been agreed, and there follows a one-off syndication of an individual Contribution to an end-user customer for publication, you will additionally receive 80% of the net revenue received by Lifearama.
New Freelancers should supply their payment details and email address to the commissioning editor or the person to whom they have arranged to supply their material, on the first occasion of supply. Unless any other rate or fee is agreed at the time of commission any payment will be made at Lifearama's prevailing rates.
Payment will be made within 30 days of receipt of the article.
D.3) Editorial Standards
Anyone who supplies material to passingboxes must ensure that their conduct and the material they submit are ethical, legal and proper.
Should any complaint about your material be made or intimated at any time before or after publication you should not respond in any way but promptly notify us. We must have sole and unfettered control over the handling of any complaint including the outcome or resolution. We will endeavour to discuss a complaint with you at relevant times. You agree to use your best endeavours to assist us in responding to a complaint, providing all possible co-operation promptly and fully. This also applies to complaints you may receive about material appearing in third party publications other than ours. This co-operation may, if we so request, include providing us with originals of your background material and information, including access to your sources for our use for legal or compliance purposes. You will not at any time dispose of any materials which could be relevant to a potential complaint without our prior approval. You agree to notify us at once should you discover anything which could render your material or a story wholly or partly based on your material risky from a legal or regulatory point of view or potentially place you in breach of any of these Terms.
You agree that you will not talk to any person about a complaint without our prior approval and will maintain confidence in the story before publication and, as far as is appropriate, after publication.
You must tell us about any potential conflict of interest, whether actual or potential, as well as anything which could possibly be perceived as such. You should raise any issue, preferably in writing by email to the person with whom you have contact in Lifearama Limited.
It is also a term of acceptance of your material that you agree to comply with the Data Protection Act 1998.
If you have any query on these points, or uncertainty about any aspect of conduct or the material you are submitting, you should raise it with the person with whom you have contact in Lifearama.
D.4) Warranties, Indemnities and Liabilities
D.4.(i). You warrant that the material:
(a) is your own original work and that neither it, nor any exploitation or use which Lifearama Ltd might make of it, will infringe any person’s rights, including but not limited to intellectual property, privacy, performance, data protection or any other right;
(b) is not defamatory of any person or entity; and
(c) is not likely to render you or Lifearama in contempt of court or in breach of any criminal law, including improper obtaining, processing or disclosure of data, surveillance, harassment, trespass, bribery or any other law or regulation whether during the course of your journalistic activities or otherwise.
D.4.(ii).you hereby agree to indemnify Lifearama against all costs, claims, losses and liabilities incurred or suffered by the Company as a result of any breach of your warranties or obligations under these Terms.
D.5 Lifearama will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise) loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.
Rights of use
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (Content) belong to Lifearama Limited or its licensors. All rights are hereby reserved.
Your promise to us
The passingboxes website and the content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form, but not on any server or any other storage device connected to a network where the content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way, any part of the content without the written permission of Lifearama Ltd. You agree not to use the content or the website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the content and not to remove any such notice or restriction, or alter the content in any way.
If you wish to re-publish, re-distribute or exploit the content in any way you should address a request for permission to firstname.lastname@example.org.
By registering with us you promise to;
• Open a single account in your own name
• Use an appropriate username. You must not seek to pass yourself off as someone else or choose a username which is offensive or otherwise likely to be deemed by us to be unacceptable
• Keep your login details and password private
• Let us know if you suspect any unauthorised use of your account by emailing email@example.com
What should I know about being a registered user?
You will be able to access your details with your email address and password.
You will be able to keep your information up to date by logging in and updating your profile.
We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or someone has reported abuse.
Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else's registration).The period of any suspension depends on the circumstances.
What should I know about how you use my personal data?
Links from other sites
Third parties are permitted to link to stories within the passingboxes website, using the URL and quoting the headline and the source website. Content must not be reproduced on a third party site without express authorisation from us. If you’re interested in linking to stories on the site please email firstname.lastname@example.org.
A third party must ensure that nothing on its own website suggests or could be understood to imply that any part of the passingboxes website is part of its own website unless the third party has obtained our prior written approval. Please email email@example.com
passingboxes reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. passingboxes also reserves the right to change the location and nature of files within the website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the website.
Links to third party sites
The passingboxes website contains links to other web sites operated by parties who are wholly separate from passingboxes. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party's website URLs, or are otherwise indicated as such by passingboxes. Such links are provided for your convenience and reference only and you access them at your own risk. passingboxes cannot be held responsible in any way for the content, operation or availability of such websites.
Trademarks and intellectual property
The passingboxes logo is a registered trade mark of Lifearama Limited. You may not use this mark without the prior written permission of Lifearama.
Limitation of liability and indemnity
passingboxes obtains content from a wide range of sources and this content includes facts, views, opinions and information which may be of interest to users of the website. If you are a contributor to the site please see the contributor terms.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the content on the passingboxes website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law Lifearama Limited excludes all liability.
The content on the website should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on our content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
Lifearama Limited does not give any warranties in respect of the content on the website, freedom from viruses or other contamination, or that the website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded except if and to the extent that they may not lawfully be excluded.
Lifearama Limited is not regulated by the Financial Conduct Authority and the content on the passingboxes website has not been approved under the Financial Services and Markets Act 2000. Appropriate expert advice should be obtained before making any investment or other decisions.
Advertising on the site
Advertising or promotional material submitted by third party advertisers, sponsors or promoters may be viewable on the website. The advertisers are solely responsible for that material, including ensuring that it complies with all relevant legislation and regulations. Lifearama Limited is not responsible for such material.
Lifearama Limited shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the passingboxes website or content on it or from any action taken, or omitted to be taken, as a result of using the website or its content, other than death or personal injury resulting from use of the website directly caused by the negligence of Lifearama.
Lifearama Limited excludes liability to you and/or any third party for any consequential or incidental damages (including lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the passingboxes website or its content or to any breach of the terms by Lifearama, even if Lifearama has been advised of the possibility of such damages and even in the event of fault or strict liability.
You agree that, subject to the forgoing terms of this Term, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the website or its content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the content on the website in total during the month in which the damage first incurred.
You agree to indemnify Lifearama Limited against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.
Linking to our site
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please email firstname.lastname@example.org.
You are authorised to share content you discover on passingboxes via third-party social media sites including, but not limited to, Facebook, Twitter, Tumblr, Pinterest, Instagram, Google plus, LinkedIn.
Please read the contributor terms as by submitting material for potential publication on the passingboxes website you agree to be legally bound by those terms, effective immediately. If you do not agree to be legally bound by those terms please do not contribute to the website or offer material for publication.
By using the passingboxes website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the website or arising in any way from the content on the website.
For any queries, complaints or further information please email email@example.com with as much detail as possible.
All rights reserved ©Lifearama Limited 2017