In these terms, "EMF" or "we"is together the Ellen MacArthur Foundation (charity number 1130306, company number 06897785), Ellen MacArthur Foundation Trading Limited (company number 07110767). By accessing and using our Circular Design Guide atcirculardesignguide.com ('the guide'), you agree to comply with these terms, and be bound by all of these terms. The text in the 'Summary' column is for your ease of use only. In the event of any discrepancy or inconsistency between the 'Technical' column and the 'Summary' column, the 'Technical' column prevails.
We own the content of the guide and you agree that you will only use it as allowed by these terms.
We might remove material that you have uploaded.
1.1 Together, the guide, the content of the guide (including but not limited to any tools, designs, text, graphics, source code or software) and all related materials and information you have access to under these terms are referred to as “Proprietary Information”. You agree that:
1.2 When you upload or post content of any kind (“Content”) to the guide you acknowledge that EMF may use, analyse, process, collate, examine, reproduce, audit and prepare derivative works of all or any part of that Content in connection with the guide, its modification, adaption and EMF’s charitable objectives.
1.4 EMF reserves the right to remove all or any of your Content, at its sole discretion and without giving you notice.
You are free to use the material in the guide for internal use within your organisation. You agree not to exploit the content of the guide for commercial advantage in the market without our prior consent. This does not prevent you from employing the principles in the guide to further the circular economy in your work.
You agree to respect the guide's software and use it appropriately. Abusing the use of the guide or others' materials other than for its intended purpose would be in breach of these terms and we hope that you will respect the guide.
You must not upload inappropriate material.
You must not use others' branding without their consent.
2.1 EMF grants to you a non-transferable, non-exclusive, royalty free licence to use Proprietary Information solely:
2.2 You will not:
2.3 If and to the extent the Proprietary Information includes the logo, trademark or any similar or equivalent branding styles of EMF or any third party, you are not permitted to reproduce or use that without express prior written consent of EMF or the third party, as appropriate.
2.4 You are not permitted to use all or any part of the Proprietary Information for your own marketing or promotional purposes.
2.5 You agree that you will not use or disclose (except as expressly authorised by these terms) Proprietary Information, unless such Proprietary Information becomes part of the public domain, or except as may be expressly authorised in advance in writing by EMF.
2.7 You may make offline copies of Proprietary Information for personal and educational use only. Commercial copying, hiring, lending or hosting in any online format is prohibited.
Whilst we try our best to keep everything working, up-to-date and error-free, we can’t promise that we'll always be successful. We can't accept responsibility for any errors, changes, viruses or other problems that occur.
We need to disclaim and limit our legal liability to you in order to protect our organisation.
You are responsible to us if you upload material that you should not, and that causes us a loss.
4.1 EMF does not warrant or represent to you that the use of the guide will be uninterrupted or error-free or that the portal through which it is available is virus free. The guide may not be functional on a particular device or machine or in any environment or location. EMF does not undertake to maintain the guide or adapt or improve it in future. While we try to keep the Proprietary Information accurate and up to date, we are not responsible for any inaccuracies. Nothing in the guide or the Proprietary Information constitutes professional advice.
4.2 You accept responsibility for the selection of the guide to achieve its intended results for you, and you acknowledge that the guide has not been developed to meet your individual requirements.
4.3 You acknowledge that the guide and the Proprietary Information is provided "as is".
4.4 We do not assume responsibility for any of the outcomes of you using or applying the guide and its tools, or your reliance on it or on any results you derive from your use of it.
4.5 You are responsible for all of your own actions in connection with the guide. EMF does not warrant that the use of the guide and its tools by you will be lawful in all territories for all purposes. Your compliance with all applicable laws is your responsibility.
4.6 TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND NON-INFRINGEMENT RELATING TO YOUR USE OF THE GUIDE, ITS TOOLS OR THE PROPRIETARY INFORMATION, OR USE OF ANY INFORMATION OR DATA YOU INPUT INTO OR OBTAIN FROM THE GUIDE AND TOOLS. ANY MATERIAL YOU OBTAIN THROUGH THE GUIDE AND ITS TOOLS IS USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER FROM SUCH USE.
4.7 TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, WE SHALL NOT IN ANY CIRCUMSTANCES WHATEVER BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE GUIDE OR THE PROPRIETARY INFORMATION FOR: (A) LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; (B) BUSINESS INTERRUPTION; (C) LOSS OF ANTICIPATED SAVINGS; (D) LOSS OR CORRUPTION OF DATA OR INFORMATION; (E) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR (F) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
4.8 If and to the extent that you upload Content to the guide, you confirm that you are entitled to do so and you agree to indemnify EMF against all liabilities, costs, expenses, damages and losses suffered or incurred or arising out of or in connection with any claim made against EMF for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, your uploading or EMF's use of such Content.
These terms set out the agreement between us. We might need to update these terms from time to time. We'll do this by updating the terms in the guide. You need to check the terms regularly to make sure you're aware of the terms on which you are using the guide. We might also change the guide and its functions from time to time.
These terms outline the relationship between you and us and as such you cannot transfer this agreement to someone else. We and the guide operate under English law.
6.1 These terms constitute the entire agreement between you and EMF relating to the subject matter of the guide, and shall completely replace any prior agreements, oral or written, between you and EMF, save in the case of fraud.
6.2 EMF reserves the right to update these terms from time to time. If it does so, the updated version will be effective immediately and made available through a link in the guide. You are responsible for regularly reviewing these terms so that you are aware of any changes to them and you will be bound by the updated version upon your continued use of the guide. No other variation to these terms shall be effective unless in writing and signed on behalf of EMF.
6.3 EMF reserves the right to make changes to the guide from time to time, and without notice or liability to you.
6.4 EMF's failure to exercise or enforce any legal right or remedy or term (or which EMF has the benefit of under any applicable law) will not constitute a waiver of such right, remedy, or provision.
6.5 In the event that any of these terms is found by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the other terms remain in full force and effect.
6.6 You may not assign or transfer any rights or obligations under these terms, and any such attempted assignment or transfer shall be void and without effect. EMF may freely assign or transfer all rights and obligations under these terms, in whole or in part.
6.7 These terms and the relationship between you and EMF shall be governed by, and construed in accordance with, English law and the parties hereto submit to the exclusive jurisdiction of the English courts.