Copyright Policy

The Otherly Innovation Limited  “THE OTHERLY”) respect the intellectual property of others, and we ask that visitors to THE OTHERLY Websites (collectively “Website”) do the same. The Website may link you to other sites on the Internet (“Linked Sites”). Please note that THE OTHERLY has no responsibility for the content on the Linked Sites.

It is our policy to respond to notices of alleged copyright infringement. This page is designed to make the process of submitting notices of alleged copyright infringement easy, while at the same time reducing the burden on THE OTHERLY caused by fraudulent, non-understandable or unverifiable notices. Please note that you may be exposing yourself to liability if you materially misrepresent information in a notification of infringement. Please consult with a solicitor if you are unsure whether you have copyright interests in any of the material you may find on the Website. Please note that we may share the identity and information in any copyright infringement claim we receive with any third party alleged infringer. In submitting a claim, you agree that your identity and claim may be communicated to any such third party alleged infringer.

 

INFRINGEMENT NOTIFICATION

To file a notice of infringement with THE OTHERLY, you must provide written communication to THE OTHERLY’s Copyright Agent including the following information:

Identify in sufficient detail the copyrighted work that you believe has been infringed.

Identify the material on the Website that you claim is infringing your copyrighted work, including the URL of the web page.

Provide contact information in reasonably sufficient detail to permit THE OTHERLY to contact you, including name, address, telephone number, fax number and email address.

Include the following statement: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Sign the paper.

Send the written communication via hard copy or via email to the following address:

Hard Copy:

Copyright Agent
THE OTHERLY
92 Station Road
Clacton-on-Sea, CO15 1SG
United Kingdom

Email: hello@theotherly.com

 

THE OTHERLY RESPONSE

THE OTHERLY will respond within a reasonable period of time to notices of alleged infringement that comply with the UK Government guidance (the text of which can be found at https://www.gov.uk/guidance/enforcing-your-copyright) and other applicable intellectual property laws. THE OTHERLY’s response may include removing or disabling access to the allegedly infringing material. If THE OTHERLY removes or disables access to the allegedly infringing material, THE OTHERLY will make a good-faith attempt to contact the owner or administrator of the allegedly infringing material or the website or person from whom said material was obtained by THE OTHERLY. This is done so as to enable such owner or administrator to make a counter notification. If we receive a counter notification, we may reinstate the material in question. THE OTHERLY may retain all notices of alleged infringement and counter notification.

CHANGES TO OUR POLICY

THE OTHERLY reserves the right to modify this policy at any time for any reason. You are encouraged to review this policy frequently for any changes.

If you have any questions about this Policy, please contact us at hello@theotherly.com.

Also see our Privacy Policy and Terms of Use.

 

TERMS OF USE

This Website is operated by The Otherly Innovations Limited, a limited company registered in the United Kingdom (“THE OTHERLY”). By using or visiting this Website (collectively, including all content available through the theotherly.com domain name, the “Website”), you are agreeing to these terms (the “Terms of Use”) and THE OTHERLY Privacy Policy (“Privacy Policy”), which is published at http://www.The Otherly.com/privacy-policy. Please read these Terms of Use carefully.

TOPICS

How You May Use Our Materials

Privacy and Copyright Protection

Endorsements

Our Warranties and Disclaimers

Indemnity

Termination

Other Websites

About These Terms

Also see our Privacy Policy and Copyright Policy.

 

HOW YOU MAY USE OUR MATERIALS

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content or ideas from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website.

Do not misuse our Website. For example, do not interfere with our Website or try to access it using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations.

Do not collect or harvest any personally identifiable information, including account names, from the Website, nor use the communications systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. Do not solicit, for commercial purposes, any users of the Website with respect to their user submissions without consent.

The content of this Website is protected by copyright under both United Kingdom and foreign laws. You may download and view a single copy of the materials found on the Website for your personal, non-commercial use only, provided that any copy that you make of the material must bear any copyright, trademark or other proprietary notice located on the Website which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by THE OTHERLY or any third-party owner of such rights. You may not create framed links or deep links to the Website without express written permission from THE OTHERLY. Content on the Website is being provided to you AS-IS, WHERE-IS, WITH ALL FAULTS, for your information only.

 

PRIVACY AND COPYRIGHT PROTECTION

THE OTHERLY’s privacy policy and copyright policy explain how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that THE OTHERLY can use such data in accordance with our policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

We provide information to help copyright holders manage their intellectual property on line. If you think someone is violating your copyrights and want to notify us, contact hello@theotherly.com.

 

ENDORSEMENTS

All product and service marks contained herein that are not THE OTHERLY marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

 

OUR WARRANTIES AND DISCLAIMERS

We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Website.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE OTHERLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE OTHERLY MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE OTHERLY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE OTHERLY.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. THE OTHERLY DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACTIVITIES OCCURRING ON THE LINKED WEBSITES.

THE WEBSITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE ASSOCIATED GOODS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.

The Website is operated from London, United Kingdom, even though it may be hosted elsewhere. We make no representation that materials found at our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for compliance with local laws. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.

INDEMNITY

You agree to defend, indemnify and hold harmless THE OTHERLY and its employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including, without limitation, reasonable solicitor’s fees and costs) arising out of your use of our goods or services, your breach or alleged breach of this agreement and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.

TERMINATION

THE OTHERLY reserves the right to terminate your access to the Website or to any or all of the services at any time without notice for any reason whatsoever.

OTHER WEBSITES

Our Website contains links to other websites. This privacy policy only applies to this Website. When you link to other websites, you should read their own terms of use and privacy policies.

 

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to the Website to, for example, reflect changes to the law or changes to the Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for the Website, you should discontinue your use of the Website.

These terms control the relationship between THE OTHERLY and you. They do not create any third party beneficiary rights.

You agree that: (1) the THE OTHERLY Website shall be deemed solely based in the United Kingdom; and (2) the THE OTHERLY Website shall be deemed a passive Website that does not give rise to personal jurisdiction over THE OTHERLY, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Use shall be governed by the substantive laws of England and Wales without regard to its conflict of laws principles. Any claim or dispute between you and THE OTHERLY that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in England and you and THE OTHERLY consent to personal jurisdiction in such courts. These Terms of Use, together with the Privacy Policy and any other legal notices published by THE OTHERLY on the Website, shall constitute the entire agreement between you and THE OTHERLY concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and THE OTHERLY’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION BY YOU AGAINST THE OTHERLY ARISING OUT OF OR RELATED TO THE THE OTHERLY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS WAIVED AND PERMANENTLY BARRED.

If you have any questions about the Terms of Use, please contact us at hello@theotherly.com.