• Using the Site

  • Part B of these Terms explains how you may use this Website, which includes any of its content.

  • The Site is for your use only.

  • You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

  • We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

  • We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of these Terms or use the website accessibility tools.

  • As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy and agree not to:

    • misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

    • attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

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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.

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• We may prevent or suspend your access to the Site immediately if you do not comply with these Terms or any applicable law.

• We do not guarantee that our Site will be secure or free from viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

• The Services are provided on an ‘as is’ basis and OTTO grant no warranties of any kind (whether express, implied, statutory or otherwise) with respect to the Services. OTTO does not represent or warrant that (a) the Services will be uninterrupted, secure or error free, (b) any defects or errors in the Services will be corrected, or (c) that any content or information you obtain on or through the Services will be accurate.

• OTTO does not carry out any checks on any of its Members and gives no warranty that any information relating to any of its Members is true or accurate.

• You are solely responsible for any content that you post, send or receive through the Site.

• You are also solely responsible for taking all appropriate safety precautions in connection with your use of the Services and in communicating with other Members.

• Please report any behaviour you encounter which is in breach of these Terms to support@theottoconnection.com including any behaviour which may be harmful, threatening, harassing or unlawful.

• Registration and password security

  • You are responsible for making sure that your password, and any other account details are kept secure and confidential. You must use a unique and strong password for access to the Service, and if you become aware that your password has been stolen or compromised, you must change it as soon as possible.

  • If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your

  • Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.

• Infringing content

  • We will use reasonable efforts to:

    • delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

    • identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy,

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as soon as possible after we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

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• If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing any intellectual property rights, you should contact us immediately via the online chat or by e-mailing support@theottoconnection.com.

• Ownership, use and intellectual property rights

  • The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us or our licensors (which may be other Members (see clauses 13 and 14)).

  • We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

  • Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to modify, adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content. You must not use any part of the Site or the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

  • If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  • Trade marks: OTTO has the trade mark registered with number UK00003604875. Other trade marks and trade names may also be used on the Site or in the Content. Use by you of any trade marks published on the Site or in the Content is strictly prohibited unless you have our prior written permission.

• Uploading information to the Site – User Content

  • THIS SITE INCLUDES INFORMATION AND MATERIALS UPLOADED BY OTHER USERS OF THE SITE. THIS INFORMATION AND THESE MATERIALS HAVE NOT BEEN VERIFIED OR APPROVED BY US. THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES.

  • The Site provides the facility for you or other Members to create, post, send or store messages, materials, data, information, text, sound, photos, video, graphics, links or other items or content on the Site (User Content). Subject always to the Acceptable Use Policy and Privacy Policy, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any User Content which:

    • is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;

    • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or that would otherwise create liability or violate any local, national or international law;

    • may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;

    • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of OTTO, another Member or user or any third party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

    • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and/or

    • in the sole judgment of OTTO, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose OTTO to any harm or liability of any type.

  • YOU REPRESENT AND WARRANT THAT ANY SUCH CONTRIBUTED USER CONTENT FROM YOU DOES AND WILL COMPLY WITH THE ABOVE STANDARDS, AND YOU WILL BE LIABLE TO US AND INDEMNIFY US FOR ANY BREACH OF THAT WARRANTY. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH OF WARRANTY.

  • Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to and hereby grant us 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 clause 14 (Rights you are giving to us to use material you upload).

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

  • We have the right to remove any posting or other upload or submission you make on our Site if, in our opinion, your post does not comply with the content standards set out in these Terms, including the Acceptable Use Policy.

  • You are solely responsible for securing and backing up your content.

  • We do not store terrorist content.

• Rights you are giving us to use material you upload

  • Except as otherwise provided herein, on the Site or in a separate agreement from time to time we claim no ownership or control over any User Content. However, when you post User Content to the Site you grant OTTO a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. This license will terminate when you remove your User Content except that the license will continue with respect to any off-Site uses that have already been made and any cached or archived uses that may still exist when User Content is removed. By posting User Content, you hereby release OTTO and its officers, agents and employees from any claims that such use, as authorised above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

  • BY POSTING USER CONTENT TO THE SITE, YOU REPRESENT AND WARRANT THAT: (A) SUCH USER CONTENT IS NON-CONFIDENTIAL; (B) YOU OWN AND CONTROL ALL OF THE RIGHTS TO THE USER CONTENT OR YOU OTHERWISE HAVE THE RIGHT TO POST AND USE SUCH USER CONTENT AND TO GRANT THE RIGHTS TO US THAT YOU GRANT IN THESE TERMS; (C) THE USER CONTENT IS ACCURATE AND NOT MISLEADING OR HARMFUL IN ANY MANNER; AND (D) THE USER CONTENT, AND YOUR USE AND POSTING THEREOF IN CONNECTION WITH THIS SITE, DOES NOT, AND WILL NOT, VIOLATE THESE TERMS OR ANY APPLICABLE LAW, RULE OR REGULATION.

  • YOUR FEEDBACK: You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding OTTO, the Services or the Site (together, Feedback) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of OTTO. OTTO will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

• Photograhpy and Media Consent

  • By agreeing to these Terms and Conditions, you consent to The OTTO Connection capturing, using, and sharing photographs, videos, and other media taken of you during events or activities associated with The OTTO Connection. These images may be used at our discretion across various platforms, including but not limited to social media, websites, promotional materials, and other marketing channels. If you prefer not to be included in such media, please inform us in advance by contacting sophie@theottoconnection.com

• Accuracy of information and availability of the Site

  • We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Therefore we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the Site or the Content is at your own risk.

  • While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

  • We may suspend or terminate access or operation of the Site at any time as we see fit.

  • Any Content is either provided as part of the Services or is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

  • While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

  • Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

• Hyperlinks and third party sites

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The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

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• LIMITATION ON OUR LIABILITY, INCLUDING TO YOU

  • RESTRICTION: YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO ANY CLAIM BY YOU AGAINST OTTO, OR YOU WAIVE THE RIGHT TO PURSUE SUCH CLAIM.

  • AS AN OVERRIDING TERM (OVERRIDING TERM) WHICH TAKES PRECEDENCE IN THE EVENT OF CONFLICT WITH ANY OTHER TERM HEREUNDER (INCLUDING CLAUSE 17.1), WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU TO THE EXTENT BY WHICH IT WOULD BE UNLAWFUL FOR US TO DO SO. IF SUCH LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS SHALL NOT APPLY TO YOU TO THAT LIMITED EXTENT, BUT OTHERWISE REMAIN IN FULL FORCE AND EFFECT. SUCH EXCLUSION MAY VARY DEPENDING ON WHETHER YOU ARE CLASSIFIED AS A CONSUMER OR A BUSINESS USER. THIS INCLUDES, FOR RELEVANT JURISDICTIONS, INCLUDING ENGLAND AND WALES, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

  • SUBJECT TO THE OVERRIDING TERM, TOGETHER WITH APPLICABLE LAWS RELATING TO THE PROTECTION OF YOUR PERSONAL INFORMATION, TO THE FULLEST EXTENT PERMITTED BY LAW WE ARE NOT LEGALLY RESPONSIBLE FOR ANY:

    • LOSSES THAT WERE NOT FORESEEABLE TO YOU AND US WHEN THESE TERMS WERE FORMED;

    • LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART;

    • BUSINESS LOSSES;

    • LOSSES TO NON-CONSUMERS;

    • LOST OR DAMAGED DATA;

    • LOSS OF ANTICIPATED SAVINGS; OR

    • LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION;

  • SUBJECT TO CLAUSES 17.1 TO 17.3 INCLUSIVE, OTTO’S TOTAL LIABILITY IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS (ALWAYS EXCLUDING YOUR OBLIGATION TO PAY THE SUBSCRIPTION FEE AND ASSOCIATED TAX), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE LOWER OF THE SUBSCRIPTION FEES RECEIVED FROM YOU OR 12 MONTHS’ SUBSCRIPTION FEES.

  • YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND OTTO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, INSURERS, ATTORNEYS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST THIRD PARTY CLAIMS THAT ARISE OR ARE ALLEGED TO HAVE ARISEN AS A RESULT OF ANY ACT OR OMISSION OF YOURS OR BREACH BY YOU OF ANY TERM OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LEGAL COSTS, PENALTIES, DAMAGES, ASSESSMENTS, TAXES, INTEREST AND DUTIES.

  • WITH RESPECT TO CLAUSE 17.5 AND ANY THIRD-PARTY CLAIMS, WE SHALL GIVE YOU PROMPT NOTICE OF ANY THIRD-PARTY CLAIM AND COOPERATE WITH YOU. WITH OUR WRITTEN CONSENT WHICH YOU MUST REQUEST IN WRITING WITHIN THIRTY (30) CALENDAR DAYS OF THE FIRST RECEIPT OF SUCH NOTICE, YOU MAY ASSUME THE DEFENCE, AT YOUR OWN EXPENSE, OF ANY SUCH CLAIM THROUGH COUNSEL ACCEPTABLE TO OTTO. OTTO SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENCE THEREOF AND TO EMPLOY COUNSEL AT YOUR COST AND EXPENSE, SEPARATE FROM THE COUNSEL EMPLOYED BY YOU. YOU SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF OTTO, AGREE TO THE SETTLEMENT, COMPROMISE OR DISCHARGE OF SUCH THIRD-PARTY CLAIM.

  • THIS CLAUSE 17 SHALL SURVIVE TERMINATION OR EXPIRY OF THIS AGREEMENT FOR ANY REASON.

• Indemnity

You agree, to the extent permitted under applicable law, to indemnify OTTO, our affiliates and their and our respective officers, directors, agents and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal expenses due to, arising out of, or relating in any way to your use of our Website, any User Content that you post, or your breach of Part B of these Terms.

• Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

• Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

• Variation

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

• Governing law and jurisdiction

Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.