LEGAL INFORMATION

SECTION A / TERMS OF USE

1. INTRODUCTION

1.1 Welcome to www.thefoldcreative.com (the “Website”). The Website is provided to you by The Fold Creative Limited (“The Fold”, “us”, “we” or “our”). Our registered office is at 1-2 Harbour House, Harbour Way, Shore- ham-by-Sea, West Sussex, BN43 5HZ and our registered company number is 07091916. Our VAT number is 982626781.

1.2 Access to and use of this Website is subject to the following terms, conditions and notices (the “Terms of Use”). In addition to these Terms of Use, your use of our Website is subject to our Privacy Policy and Cookie Policy.

1.3 Collectively, these documents are terms are the “Terms and Conditions”. By accessing the Website you agree to these Terms and Conditions. If you have any questions about them, please contact our customer services team, whose details appear at the end of these Terms of Use.

1.4 If you purchase goods and/or services made available on our Website then the purchase of such goods and/or services may be subject to separate terms.


2. USE OF THE WEBSITE

2.1 You should read these Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for your future reference.

2.1 We may from time to time vary the Terms and Conditions. The revised Terms and Conditions will be available via the Website. Please check our Terms and Conditions regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you will be deemed to have accepted such varia- tions. If you do not agree to such variations, you should not use our Website.


3. ACCESS TO OUR WEBSITE

3.1 You must not interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way in which any page of the Website is rendered or displayed in a user’s browser or device.

3.2 You must not access the Website or any Materials (defined below) via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).

3.3 You must not attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms and Conditions by others.

3.4 You agree not to use the Website for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website, including, but not limited to copyright and other intellectual property laws.

3.5 You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with us.

3.6 If you breach any of these Terms and Conditions, or any of the other terms and policies referred to in these Terms and Conditions, your ability to access and use the Website may be terminated by us immediately by giving written notice to you using the contact details made available to us.

3.7 We may withdraw your access to our Website and/or your account at any time and for any reason and we will not be liable for any resulting loss or damage to the fullest extent permissible in law.

3.8 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.


4. AVAILABILITY OF OUR WEBSITE

4.1 Access to our Website is permitted on a temporary basis. We update the Website regularly so we may change the content at any time. We reserve the right to withdraw or amend the Website without notice. We will not be liable to you for any reason if the Website is unavailable at any time for any period.

4.2 You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms and Conditions.

4.3 Please note that use of the Website is subject to your computer and/or device complying with our min- imum standard technical specifications and compatibility requirements. See Section 17 below for further information. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our Website and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

4.4 You acknowledge that we cannot guarantee that our Website will:
(a) be compatible with all or any hardware or software which you may use;
(b) be available all the time or at any specific time;
(c) be accurate and up to date; or
(d) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

4.5 You also acknowledge that:
(a) we may be required to remove certain content from the Website from time to time;
(b) we cannot guarantee the speed or security of our Website; and
(c) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.

4.6 We will also have no liability to you for any failure to maintain the Website.


5. YOUR PRIVACY & COOKIES

5.1 The privacy of your personal data is important to us. Please see our Privacy Policy, which forms part of the Terms and Conditions, for details of how we will process your personal data. Our Website also uses cookies and similar technologies. Please see our Cookie Policy, which forms part of the Terms and Conditions, for more details of how we use cookies and similar technologies.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Material(s)>”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.

6.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.

6.3 We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in the Materials;
(b) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(c) use the Materials in any way that might be illegal or breach the Terms and Conditions;
(d) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way for any commercial purpose, without our prior written consent;

or

(e) use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Website or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.

6.4 Any use of our Website or the Materials in a manner not expressly permitted by the Terms and Conditions may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.


7. USER CONTENT

7.1 Whenever you make use of a feature that allows you to post content to our Website, or to make contact with other users of our Website, you must ensure that you do not say or do anything that may cause offense to other users. In particular, you must not post content that may be considered illegal, obscene, pornographic or sexually explicit, offensive, humiliating, threatening, violent, abusive, hateful, discriminatory, defamatory or harassment.

7.2 You must not post any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess.

7.3 In particular, you represent, warrant and undertake that:
(a) you have and will continue to have all necessary licenses, rights, consents, and permissions which are required for you to make available any content posted by you on the Website in accordance with these Terms and Conditions and for us to use such content as anticipated by these Terms and Conditions;
(b) any content you post on the Website will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the content in question and grant us the licence referred to in paragraph 8 below; and
(c) you warrant that any such content you post complies with the standards set out in these Terms and Conditions.

7.4 Any content you post on our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 8 (Rights you license).

7.5 We also have the right to disclose your identity to any third party who is claiming that any content posted by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy or their other legal rights.

7.6 We have the right to remove any post you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms and Conditions.

7.7 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

7.8 You acknowledge that:
(a) the views expressed by other users on our Website do not represent our views or values; and
(b) that in using the Website, you may be exposed to content posted by other users that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.


8. RIGHTS YOU LICENSE

8.1 When you post content on our Website, you grant:
(a) to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with our Website or otherwise in connection with our services and/or our business, including without limitation for promoting and redistributing part or all of our services in any media formats and through any media channels; and
(b) to each user of the Website, a worldwide, non-exclusive, royalty-free licence to access the content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content to the extent permitted by the functionality of the Website and under these Terms and Conditions.


9. NAME AND DOMAIN

9.1 The Fold is a trading name of The Fold Creative Limited, we reserve all rights of the www.thefoldcreative.com domain name and all related domains and sub-domains, our logo.

9.2 Nothing in the Terms and Conditions should be construed as granting any licence or right to use any such logo or our domain name.


10. RELIANCE ON INFORMATION POSTED

10.1 While we take steps to ensure that the Website and/or Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness or accuracy of the Web- site and/or Materials.

10.2 Materials posted on the Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.


11 OUR LIABILITY TO YOU

11.1 We will only be liable to you under or in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions.

11.2 We shall not be liable under these Terms and Conditions, howsoever caused for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption or for any indirect, special, incidental or consequential damage or loss.

11.3 We do not exclude our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.


12 YOUR LIABILITY TO US

12.1 You acknowledge that any use by you of the Materials or our Website in a manner not expressly permit-ted by these Terms and Conditions may mean that you are infringing our Rights and/or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.

12.2 You hereby agree to compensate us, our group companies, our clients, associates and affiliates from and against any loss, cost, damage, expense or liability we may suffer as a result of:

(a) your breach of these Terms of Use; and/or
(b) your unauthorised use of the Materials and/or our Website.


13. LINKING TO OUR WEBSITE

13.1 You may link to any page of our Website for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

13.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not remove, obscure or modify in any way any advertisements, copyright notice, or other in- formation on our Website. Our Website must not be framed on any other site.

13.4 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.

13.5 We reserve the right to withdraw linking permission at any time and without notice.

14. THIRD PARTY WEBSITES & SERVICES

14.1 Our Website and/or the Materials may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that we are, or our Website are, affiliated to or associated with such sites or services.

14.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to our Website, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.


15. GENERAL PROVISIONS & APPLICABLE LAW

15.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

15.2 If any provision of these Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms and Conditions, which will remain in full force and effect.

15.3 Failure by either of us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

15.4 The English Courts will have exclusive jurisdiction over any claim arising from or related to our Website or these Terms and Conditions, including any purchases from the Website. English Law will apply to these Terms and Conditions.


16. ENQUIRIES & COMPLAINTS

0.1. If you have an enquiry or complaint about our Website (including the Materials that appear on our Website), you should contact our customer services team at info@thefoldcreative.com and we will try to answer your enquiry or resolve any complaint as soon as possible.

0.2. If you have any suggestions for improvements or additions that you would like to see on the Website, please email us at info@thefoldcreative.com. Our postal address for correspondence is The Fold, 20 Farringdon Street, EC4A, 4AB, London.


17. TECHNICAL SPECIFICATION

We support the following browsers:
Mobile Safari for iOS 5.1 and above
Chrome Desktop (latest version)
Safari Desktop (latest version)
Firefox Desktop (latest version)


SECTION B / PRIVACY POLICY

1. INTRODUCTION

This privacy policy (the “Privacy Policy”) explains our approach to any personal data that you might supply to us (or that might be collected from you) (“Information”) when you use the Website.. The Information shall be used in accordance with the permissions granted by you and in accordance with the Data Protection Act 1998 (the “Act”).

If you have any questions about how we collect, use and share your personal data, please email us at info@ thefoldcreative.com.

This Privacy Policy is intended to assist you in making informed decisions when using our Website. Please take a moment to read and understand it. Please note that it should be read in conjunction with our Terms of Use, our Cookie Policy.

For the purposes of the Act, The Fold Creative Limited is the data controller (“Data Controller”) of the Information and can be contacted by email at info@thefoldcreative.com and by post at 20 Farringdon Street, EC4A 4AB, London.


Please also note this Privacy Policy only applies to the use of Information collected by us from your use of our Website, including the purchase of services or during your communications with us. It does not apply to your communications with any other third party.


2. THE FOLD’S COMMITMENT TO PROTECTING YOUR PRIVACY

The Fold is committed to protecting your privacy. You can use some of the Website without providing Information. However The Fold does need Information to provide parts of the Website.


3. YOUR CONSENT

By using our Website you consent to the collection and use of Information as set out in this Privacy Policy. If we change this Privacy Policy we will post an updated version of it on the Website.


4. THE INFORMATION WE COLLECT

You may send us or we may ask you for the following Information:

your full name;
your address and postcode;
your contact information (such as your email address, telephone number and mobile telephone number);
your age and gender;
general information about yourself (such as your interests, your experience of our services and products or other services and products and your contact preferences); and
information relating to your use of our Website.
When you connect to our Website using Facebook, Google, Twitter, they provide us with your “basic infor- mation”, which includes your relevant ID, name, username, gender, location and age range, as well as any other information you agree to share with us.

We may also collect certain Information about your mobile device, computer hardware and software, which may include the following:
IP address of device(s) used; browser type;
operating system and device type;
approximate location (e.g. London or New York); access times and dates;
and referring website addresses.


5. HOW WE USE YOUR INFORMATION

The Fold may use your Information in the following ways:
to ensure that the content on our Website is presented in the most relevant and effective manner for you and your device;
to enable you to use the interactive features of our Website;
to provide products and services that you have requested;
to check that you comply with these Terms of Use;
to develop and improve our Website;
for our internal record keeping;
to contact you to answer any queries you may have;
and to contact you or permit our group companies and/or partners to contact you for market research or marketing purposes where you have given us, our group companies and/or our partners permission to do so. For more information on how we may market products and services to you please see below.
The Fold may disclose your Information to third parties in the following circumstances:
in the event that The Fold sells or buys any business or asset we may disclose your Information to the prospective seller or buyer;
if The Fold is under a duty to disclose or share your Information to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our users, or others;
third party service providers to enable them to perform functions and process user data on our behalf, consistent with this policy; and with your consent.


6. HOW WE HANDLE DATA

We take great care to keep any data we hold in strictest confidence. We only save contact details of those who have accepted our invitation to join our database via our consent form. They understand that we will invite them to events, and send content originated by us or industry-relevant from time to time. We do not share our database with any third parties, or indeed anyone outside The Fold, and will only share individuals contact details with others in our network if we have their express permission to do so, or If they themselves have requested this. All contact details are kept on a secure database platform, password protected, and a limited number of The Fold people have direct access to this. If at any point you would like a copy of the data we hold about you, get in touch with us and we will provide it in an appropriate, commonly used electronic format such as a PDF. You have the right ‘to be forgotten’ and so, if at any point you want us to delete the data we hold about you, we will do this and confirm it in writing, (for details of this, please see our privacy policy in all of Section B.)


7. LINKS TO OTHER WEBSITES & SERVICES

The Website contains features that allow you to interact with other third party websites and services. If you decide to use these features then please be aware that The Fold is not responsible for the privacy practices of such other third party websites and services. You should ensure that you read the privacy policies and other relevant terms and conditions offered by such third parties and that you are happy to proceed. Unless other- wise stated this Privacy Policy applies solely to the Information obtained by us from your use of our Website.


8. STORING YOUR PERSONAL INFORMATION

The Information that we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”). Information may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting Information to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with this Privacy Policy and the Act. However, the use of the internet, and technology more generally, means that we cannot always guarantee the security of the Information or other data that we process including the Information submitted to us via the Website. You understand that, without prejudice to our legal obligations, any Information you give to us is given at your own risk and we shall not be liable for any loss of or damage to your Information.

9. OUR RETENTION OF YOUR PERSONAL INFORMATION

We will take all reasonable steps to retain your Information only for as long as reasonably necessary. If you no longer want us to store your Information you may request for it to be removed from our records, please see below for details of how to request removal. Please note that such removal may prevent us from supplying certain services to you.


10. YOU CAN ACCESS, CORRECT, UPDATE OR REMOVE YOUR PERSONAL INFORMATION

You have the right to ask us to provide a copy of the Information we hold about you by emailing us at info@ thefoldcreative.com. Any access request may be subject to a fee of £20 to meet our costs in providing you with details of the Information we hold about you.

You also have the right to have Information removed or for any inaccurate Information about you to be corrected.

If you would like your Information to be removed from our records or if your Information requires amending then we will endeavour to correct, update or remove your Information as swiftly as possible.

This can be done by emailing us at info@thefoldcreative.com. Please note that while The Fold will endeavour to make the updates as promptly as possible, communications may be sent using the original details until the changes have been processed.