Disclaimers, Terms and Conditions of Use
In this agreement:
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods and Services” means any of the goods and services we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2.1 We, or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.
2.2 You are advised that Content may include technical inaccuracies or typographical errors.
2.3 We give no warranty and make no representation, express or implied, as to:
2.3.1 the adequacy or appropriateness of any of the Goods and Services mentioned or offered for your purpose
2.3.2 the truth of any information given on Our Web Site
2.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose.
2.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
2.3.5 compliance with any law;
2.3.6 non-infringement of any right.
2.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
2.5 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site.
3 Content and Intellectual Property Rights
3.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
3.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
3.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
4 System Security
4.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
4.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
4.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution
4.4 Examples of violations are:
4.4.1 accessing data unlawfully or without consent;
4.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
4.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
4.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
4.4.5 taking any action in order to obtain services to which you are not entitled.
4.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
4.5.1 any violation of system security as set out above;
4.5.2 your use of Our Web Site;
4.5.3 any other breach or violation of this agreement by you;
4.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
5.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
6 Contractual Limitation
6.1 Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
7.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
8 No Waiver
8.1 No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
9 Dispute Resolution
9.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
10 Governing Law
10.1 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
11 Force majeure
11.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
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