Terms and Conditions
AGREEMENT BETWEEN USER AND EBI Software
This Web Site is comprised of various Web pages operated by EBI Software. This Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the this Web Site constitutes your agreement to all such terms, conditions, and notices.
EBI Software reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of this Web Site.
LINKS TO THIRD PARTY SITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web Site, you warrant to EBI Software that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web Site in any manner which could damage, disable, overburden, or impair this or any other Web
Site or interfere with any other party’s use and enjoyment of this Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EBI Software Web Sites.
USE OF COMMUNICATION SERVICES
The EBI Software Web Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
EBI Software has no obligation to monitor the Communication Services. However, EBI Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EBI Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EBI Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EBI Software’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EBI Software does not control or endorse the content, messages or information found in any Communication Service and, therefore, EBI Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EBI Software spokespersons, and their views do not necessarily reflect those of EBI Software.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO EBI Software OR POSTED AT ANY EBI Software WEB SITE
EBI Software does not claim ownership of the materials you provide to EBI Software (including feedback and suggestions) or post, upload, input or submit to any EBI Software Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EBI Software, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. EBI Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EBI Software’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EBI SOFTWARE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EBI Software AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EBI Software WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE EBI Software WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EBI Software AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EBI Software WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EBI Software AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBI Software AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EBI Software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EBI Software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EBI Software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EBI Software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBI Software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SERVICE CONTACT :
EBI Software reserves the right, in its sole discretion, to terminate your access to the EBI Software Web Site and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in Warwick, Warwickshire, UK, in all disputes arising out of or relating to the use of the EBI Software Web Site. Use of the EBI Software Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EBI Software as a result of this agreement or use of the EBI Software Web Site. EBI Software’s
performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EBI Software’s right to comply with governmental, court and law enforcement requests or requirements relating to your use
of the EBI Software Web Site or information provided to or gathered by EBI Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EBI Software with respect to the EBI Software Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and EBI Software with respect to the EBI Software Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the EBI Software Web Site and/or its suppliers. ate copyright of the respective party. All rights reserved.
All Invoices (unless otherwise marked) are payable within 30 days form the date of issue. Late payment fees will be levied at the rate of 8% plus the current Bank of England base rate in force at the time.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement under United Kingdom copyright law should
be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.