www.ourbigbox.com is an online system operated by The Memory Box Network Limited, ("we"/"us"/our) and may be accessed through the Internet and also used offline. We are a company limited by guarantee in Scotland with company number (SC404315) and have our registered office at The Memory Box Network Limited, Unit 17, City Quay, Camperdown Street, Dundee, DD1 3JA. We are a charity registered in Scotland (SC042610).
Access to our system is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our system without notice (see below). We will not be liable if for any reason our system is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our system, or our entire system, to users who have registered with us. When registering with our system, you must provide us with accurate, current and complete information. In particular, you must give us your real name. You also undertake to maintain and update such information so that it at all times remains accurate, current and complete.
If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You undertake to inform us immediately of any actual or suspected loss, theft or unauthorised use of your user password. We will not be responsible for any loss to arising from any unauthorised use of your password or from your failure to comply with the foregoing.
When using our system, you must comply with the provisions of our Acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our system. You are also responsible for ensuring that all persons who access our system through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We do not claim or have ownership in any of the materials which you submit, post or display on or through our system. You retain ownership in such materials and you are free at all times to use your own materials as you see fit.
When you submit, post or display materials on our system the default position is that you will determine who can view these. However if you choose to share materials with users beyond your immediate contacts you hereby grant to us a non-exclusive, perpetual, worldwide and free licence to use, publish, display, reproduce, modify and distribute such materials on and through our system and for the promotion, marketing and advertising of us and our system (and to permit others to do the same on our behalf). We reserve the right to charge a fee for facilitating the commercial use of these materials.
You warrant, represent and undertake that you own or otherwise have the right to submit, post or display the materials made available by you on or through our system and that the submission, posting or display of such materials does and will not infringe the rights of any person.
We are the owner or the licensee of all other intellectual property rights in our system, and in the material published on it. Those works are protected by copyright laws and treaties around the world.
You may print off and download extracts of any page(s) from our system for your personal reference and use and you may draw the attention of others to material posted on our system. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status as the authors of material on our system must always be acknowledged.
You must not use any part of the materials on our system for commercial purposes without obtaining a licence to do so from us or our licensors.
Our Big Box is designed to be completely free for all users with no restrictions on functionality, number of memory boxes or time spent using the system. Our intention is to develop a set of additional tools that will support commercial users of our system to easily manage multiple accounts and improve data analytics. We reserve the right to charge commercial users for these additional tools.
Our trade marks
ourbigbox and ourbigbox.com are claimed as trademarks of The Memory Box Network Limited.
Infringement of intellectual property rights
If you believe or suspect that any material on our system infringes the intellectual property rights of any other person you must let us know immediately.
Reliance on information posted
Commentary and other materials posted on our system are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our system, or by anyone who may be informed of any of its contents. In addition, any views expressed by our employees, agents, consultants or sub-contractors, whether through their individual journals, comments, forums or otherwise, are their own and do not reflect the views or opinions of The Memory Box Network Limited.
Regular updates to our system
We will update our system regularly to improve functionality as well as enhancing the user experience, and may change the content at any time. If the need arises, we may suspend access to our system, or close it indefinitely. Any of the material on our system may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right, in our sole discretion, to suspend or terminate your use of the system and our service at any time, with or without notice. Your account may be suspended or closed if we are of the opinion that you have at any time brought us or our system into disrepute.
In such circumstances we may remove (but are not obliged to remove) the materials which you have submitted, posted or displayed on our system. These terms will continue to apply to your previous use of our system and service.
Your use of the system is at your sole risk. The material displayed on our system is provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that our system and service will meet your requirements or that it will be uninterrupted, error-free, timely, or secure or that defects or errors will be corrected. You are responsible for making and retaining copies of any materials which you submit, post or display on our system.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or otherwise.
Any liability for any direct, special indirect or consequential loss or damage incurred by any user in connection with our system or in connection with the use, inability to use, or results of the use of our system, any web systems linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind (in each case whether or a direct or indirect nature), however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
All responsibility and liability for the conduct of other visitors to our system.
Under no circumstances shall our aggregate financial liability to you arising out or in connection with your use of our system and service exceed ONE HUNDRED POUNDS STERLING (£100).
The foregoing does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Uploading material to our system
Whenever you make use of a feature that allows you to upload material to our system, or to make contact with other users of our system, you must comply with our Acceptable use policy. You warrant, represent and undertake that any such contribution will comply with those standards, and you hereby hold harmless and indemnify us for any breach of our Acceptable use policy.
Any material you upload to our system that you choose to share will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any material submitted, posted or uploaded by you to our system constitutes a violation of their intellectual property rights, or of their right to privacy or otherwise breaches applicable law.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our system.
We have the right, but not the obligation, to remove any material or posting you make on our system if, in our opinion, such material does not comply with the content standards set out in our Acceptable use policy. We have no obligation to check the lawfulness or accuracy of any material or posting you make nor to monitor your use of our system.
Viruses, hacking and other offences
You must not misuse our system by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our system, the server on which our system is stored or any server, computer or database connected to our system. You must not attack our system via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our system will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our system or to your downloading of any material posted on it, or on any web system linked to it.
Linking to our system
You may link to our system, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
You are not permitted to use any robot, spider, other automatic device or manual process to monitor or copy all or any part of our system or the material published on it.
Our system must not be framed on any other system. We reserve the right to withdraw linking permission without notice. The web system from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.
You are not permitted to hotlink (or "inline" or "direct" link) to our system's files, for example by using an tag to display a JPEG image on our system in such a way that it will appear on another system.
If you wish to make any use of material on our system other than that set out above, please contact us.
Links from our system
Where our system contains links to other systems and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those systems or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Governing law and jurisdiction
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our system although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our system, please contact us immediately.