Terms and Conditions

1. Introduction

These are the terms and conditions for use of the smashthestack website (www.smashthestack.org) and affiliated sites or web pages that are operated by smashthestack, including online surveys, software, downloads and earlier versions of the smashthestack site. These terms and conditions apply whenever you access, view, cache, or link www.smashthestack.org.

By using this website, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. If you do not agree to be legally bound by all the following terms please do not access and/or use the smashthestack website.

Some areas of the smashthestack website require registration. By completing the registration form, and by entering your username, email address and password, you will be deemed to have accepted these terms and conditions. If you subscribe to any of our email services, you are deemed to have accepted these terms and conditions.

Any changes we make to the Terms and Conditions will be reflected on this page.

2. Information purposes only

This website provides information of a general nature. This website should not be relied upon without making other enquiries appropriate to the circumstances. smashthestack does not accept any liability for your use, interpretation or misinterpretation of the information contained on this website. smashthestack shall use its reasonable endeavours to ensure that the information contained on the website is accurate and up-to-date. smashthestack may make improvements or changes in the information, services, products and other materials on this website, or terminate this website, at any time without notice

3. Registration

When you register, you are registering as a personal user of smashthestack. Access to your user profile is via your email address at the time of registration and password. Any personal information you supply to smashthestack will be used as set out in our Privacy Policy. You undertake that all details and representations you provide to us for the purpose of registering on the website are correct.

We allow you to register on the site on the basis that:

i) Your username and password are personal to you and may not be used by anyone else.

ii) You do not maliciously create additional usernames for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user by adopting a similar username.

iii) You comply with these terms and conditions.

If, for any reason, smashthestack believes you have not complied with these requirements we may, at our discretion, cancel your registration immediately and without giving you any advance notice.

4. Use of material appearing on smashthestack

For the purposes of this agreement, "material" means written text, downloads, graphics and diagrams published on the smashthestack website, whether copyright smashthestack, smashthestack staff or a third party.

You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You also agree not to adapt, alter or create a derivative work from any smashthestack content except for your own personal, non-commercial use. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the smashthestack website.

You may not reproduce any part of the smashthestack website, or transmit it to, or store it in, any other website without a prior agreement in writing from the smashthestack editorial staff, who can be contacted by email at staff@smashthestack.org

5. Limitation of Liability

To the maximum extent permitted at law, smashthestack disclaims all express and implied warranties with regard to the information, services and materials contained on this website. You must not rely on any statement we have published on the smashthestack website without first taking specialist professional advice.

For the avoidance of confusion, we will not be liable for any damages arising as a result of your use of this website, or any loss caused as a result of your doing, or not doing, anything as a result of viewing or reading the material or any part of it.

We give no warranties of any kind concerning the smashthestack website or the material published on it. We do not warrant that functions contained at this website will be uninterrupted or error-free or that defects will be corrected. We do not warrant that the smashthestack website or any of its contents is virus free (although we endeavour to ensure that this is so). You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.

6. Links to other websites

This website contains links to other websites which are independent of smashthestack and are maintained by third parties. smashthestack is not responsible for the content of any third-party websites and shall not be liable for any damages or injury arising from the contents of such websites. Any links to other websites are provided as a convenience to you as a user of this website, and do not imply smashthestack's endorsement of the linked websites or association with their operators. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our website

7. Jurisdictional issues

This website is controlled and operated by smashthestack in the United Kingdom. smashthestack makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. Variations

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

Publishing Terms and Conditions

By submitting content to the smashthestack website you are deemed tohave accepted these terms and conditions:

1. Your Copyright

Any content submitted to the smashthestack site remains the intellectual property of the author or copyright holder (which means that you can re-publish your content or adaptations of your content elsewhere). However, by submitting content to the smashthestack website you grant permission for smashthestack to publish your content on the smashthestack website and to modify, adapt, edit, reproduce and create derivative works based on your content (for example, to publish an excerpt in smashthestack email newsletters), without payment to the author or copyright holder, in perpetuity. (See disclaimer below.)

2. Libel

To the maximum extent permitted at law, smashthestack holds the author or copyright holder responsible for any defamatory or libellous remarks made in the content they submit (see disclaimer below). Libel means to defame, or take away a good name. Libel can be proven even when the plaintiff is referred to indirectly. The tests of defamation include: hatred, ridicule or contempt; causing the subject to be shunned or avoided; 'lowering a person in the estimation of right-minded people'; and - most relevant here - implying a lack of qualification, knowledge, skill, capacity, judgement or efficiency to conduct business. Malicious falsehood means the publication of a false statement that damages a person. In criminal defamatory libel one publication could be the subject of both civil and criminal proceedings and the defamer could be made to pay damages.

3. Disclaimer

Where you are invited to submit any contribution to smashthestack (including any text or graphics) you agree, by submitting your contribution, to grant smashthestack a perpetual, royalty-free, non-exclusive right and license to publish your contribution on the smashthestack website and reproduce, modify, adapt, edit, publish, translate, create derivative works from and distribute your contribution, and/or incorporate your contribution in other works in any media now known or later developed. This may include publications or other works of media produced by smashthestack. If you do not want to grant to smashthestack the rights set out above, please do not submit your contribution to smashthestack.

In addition:

i) Where you are invited to submit any contribution to smashthestack (including any text or graphics) you warrant that your contribution:

ii) is your own original work and that you have the right to make it available to smashthestack for publication on the smashthestack website and other purposes outlined above; and

iii) is not defamatory; and

iv) does not infringe any law; and

v) you indemnify smashthestack and affiliates against all legal fees, damages and other expenses that may be incurred by smashthestack and affiliates as a result of your breach of the above warranty.

4. Removal of content

smashthestack has the right to remove content from the smashthestack website at any time without advance notice or explanation.

smashthestack is not legally bound to remove content (that is published on the smashthestack website) at the request of the author or copyright holder. However, it is our policy to do so; if you would like your content to be removed from the smashthestack website, please email staff@smashthestack.org explaining the reasons for your request.