Terms of use

Last updated: 2 February 2022

What’s in these Terms of Use?

These terms and conditions (these “Terms of Use”) tell you the rules for using our website www.breakroom.cc (the “Site”) and any service, information, content or materials published on, or available via, our Site (together, “Content”). These Terms of Use govern and condition access to and use of the Site and its Content by each visitor to this Site (“you” or “your”).

Please review these Terms of Use carefully and make sure that you understand them before using the Site. These Terms of Use constitute a legally binding agreement between you and us.

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

This Site is operated and owned by Poplar Technologies Limited (“we”, “our”, “us”). We are a limited company registered in England and Wales under company number 11559527.

Our registered address is Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX.

To contact us, you can either:

  • Email us at hello@breakroom.cc; or
  • write to us at Breakroom t/a Poplar Technologies Ltd., Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX.

By using our Site, you accept these Terms of Use

By accessing and continuing to use our Site, you confirm that you accept these Terms of Use, and acknowledge and agree that:

  • they govern and condition your access to and use of the Site and any Content; and
  • you will comply with their terms and conditions.

If you do not agree to be bound by these Terms of Use, you may not access or use our Site and should leave immediately.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.

Privacy

Please see our Privacy Policy to understand how we collect, process and share your personal data in relation to your use of our Site.

We may make changes to these Terms of Use

From to time to time, we may make changes to these Terms of Use. If we do so, we will:

  • post those changes in an updated version of these Terms of Use on the Site; and
  • where we consider the changes may materially or adversely affect you or your rights, we will notify you of such changes via email (if we have your email address).

Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms and conditions that apply to this Site and its Content at that time.

We may make changes to our Site

We may update and change our Site and/or any Content from time-to-time to reflect changes to the features and functionalities of our Site, the state of current technology or market practice, applicable law or regulation and/or our business priorities.

We may suspend or withdraw our Site

Our Site and its Content are currently made available free of charge.

We do not guarantee that our Site and/or any Content will always be available free of charge, or generally available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons without prior notice to you.

Account creation

Although you may use many features of the Site without creating an account, some features require you to register a user account with us (“Account”).

You will have to provide certain information about yourself as part of the Account registration process on the Site. All registration information that you submit should be truthful and accurate. If, for any reason, any information that you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.

How you may use Content from our Site

We are the owner or the licensee of all rights (including intellectual property rights):

  • in our Site; and
  • in any Content.

The Site and the Content are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any Content 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 and/or that of any other identified authors as the authors of the Content must always be acknowledged.

You must not use any part of the Content on our Site for commercial purposes.

If you print off, copy or download any Content or other part of our Site in breach of these Terms of Use, your right to use our Site and its Content will cease immediately and you must, at our option, return or destroy any copies of the Content you have made or that have been made on your behalf.

Do not rely on the Content

The Content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.

Although we make reasonable efforts to update the Content on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

Where our Site contains links to other websites and/or third party content, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or any content you may obtain from them. We have no control over the content of those websites nor that content.

Content you share on the Site

The Site allows you to upload content to the service (such as reviews, testimonials, photographs and/or video footage). You, and not us, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) on or via the Site (“User Content”).

Whenever you make use of a feature that allows you to Make Available User Content on or via our Site (including making contact with other users of our Site), you must comply with the standards set out in this section.

You must ensure that you have the unrestricted right to publish and share any User Content that you Make Available on or via our Site, and that such User Content should not infringe any right (including any intellectual property right) of any person. You warrant (on an ongoing basis) that you have the full right and entitlement necessary to Make Available any User Content you Make Available on or via our Site. If any point you become aware, or have a reasonable suspicion, that the warranty in this provision is or may untrue, you agree to:

  • take all necessary steps to remove such User Content from our Site; and
  • notify us immediately by email at hello@breakroom.cc.

You must also ensure that any User Content that you Make Available on or via our Site must not:

  • be obscene, offensive, hateful or inflammatory;
  • be threatening, harmful, abusive or incite violence;
  • harass, upset or embarrass any person;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • breach any law or legal duty to any person;
  • promote or incite any party to commit, or assist any unlawful or criminal act;
  • deceive or intend to deceive any person;
  • constitute unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • be defamatory of any person;
  • identify any person by their full name without their prior consent;
  • impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the User Content emanates from us or our partners (including third party licensors of any Content); and/or
  • contain any advertising or promote any services or web links to other sites.

You acknowledge that we have no obligation to pre-screen User Content. However, we reserve the right (in our sole discretion) to pre-screen, refuse or remove any User Content that we judge to breach the rules set out in these Terms of Use.

You are solely responsible for securing and backing up any your User Content. We have no responsibility for, nor any liability arising out of:

  • the deletion or accuracy of any User Content; or
  • the failure to store, transmit or receive transmission of User Content.

If you wish to complain about any User Content uploaded by other users please email us at hello@breakroom.cc

We also have the right, subject to our legal obligations, to disclose your identity to any third party who is claiming that any User Content made available by you to our Site constitutes a violation of their intellectual property rights and/or of their right to privacy.

We may use and share your User Content

You acknowledge and agree that any User Content that you Make Available on or via our Site will be considered non-confidential and non-proprietary, and that we may use, modify, display and share such User Content as we see fit (including for commercial purposes), subject always to the terms of our Privacy Policy. We may also anonymise and/or aggregate your User Content with content provided by other users of the Site.

You retain all of your ownership rights in your User Content, but you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, store, modify, display and copy that User Content, and to distribute and make it available to third parties for any purpose.

You warrant (on an ongoing basis) that you have the full right and entitlement necessary to grant us the licence outlined above.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.

If we fail to comply with our obligations under these Terms of Use, we will only be responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Use or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms of Use or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms of Use are entered into, both you and we knew it might happen.

We provide the Site to you “as is”. This means that, to the fullest extent that we are permitted to do so, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law.

We are not responsible for viruses

We do not guarantee that our Site and the Content will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and our Content. You should use your own virus protection software.

Restrictions

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

You must not 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. You must not attack our Site 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 Site and the Content will cease immediately.

You may not access without authority, interfere with, damage or disrupt:

  • any part of our Site or any Content;
  • any equipment or network on which our Site or any Content is stored;
  • any software or other systems or equipment used in the provision of our Site or any Content; or
  • any equipment or network or software owned or used by any third party.

In addition to the general restrictions described above, you must not:

  • reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose all or any portion of the Site or any Content;
  • use manual methods or any software, devices, scripts, robots or any other means or processes (including so-called ‘spiders’, ‘bots’, ‘crawlers’ etc) to scrape the Site and/or its Content, or otherwise create or compile (in single or multiple downloads) a collection, compilation, database or directory from the Site or its Content, and you must not bypass or seek to bypass any robot exclusion headers we may implement; or
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site and/or its Content (unless and to the limited extent permitted by either: applicable law, or the terms of an open source license to which the relevant technology is subject).

Rules about linking to our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 must not establish a link to our Site in any website that is not owned and/or operated by you.

Our Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Breach of these Terms of Use

When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate including, without limitation: (i) immediate temporary or permanent withdrawal of your right to use our Site or its Content; and/or (ii) immediate, temporary or permanent removal of any User Content uploaded by you to our Site; and/or (iii) taking legal action against you.

We may transfer our rights and obligations

We may transfer our rights and obligations under these Terms of Use to another organisation — for example, this could include another member of our group of companies or someone who buys our business. If this happens, we will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms of Use.

Governing law and jurisdiction

These Terms of Use are governed by English law, and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a resident of a country in the European Union (EU), you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in England or in the EU country in which you live.

Our name is protected

The term ‘BREAKROOM’ is a UK registered trade mark. You are not permitted to use it without our approval, unless it is part of Content that you are using as permitted under and in accordance with these Terms of Use.