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Web
Site Terms & Conditions
1.1
This User Agreement forms the agreement between Artsoft Ltd. ("Artsoft")
and you as a user who accesses or establishes a connection ("user,"
"you," or "your") to the world wide web site and sub-domains known
as ARTSOFT.CO.UK ("the Site"), which is owned and controlled by
Artsoft.
1.2 You must agree to abide by all of the conditions in
this Agreement in order to stay an authorised user of the Site
and your use of the Site constitutes your agreement to abide by
those conditions. You are solely responsible for your use of the
Site and for ensuring that your use complies fully with the conditions
of this Agreement.
1.3 Artsoft reserves the right, in its sole discretion,
to change any or all of the conditions of this Agreement at any
time. Artsoft will notify users of any changes by posting them
on the Site or through other reasonable means of providing notice.
Any changes to this Agreement will be effective immediately upon
notice to you. Your use of the Site after notice of changes to
this Agreement will be deemed your acceptance of the changes.
1.4 Artsoft reserves the right, in its sole discretion,
to change, limits, or discontinues any aspect, content, or feature
of the Site, as well as any aspect pertaining to the use of the
Site.
1.5 IF YOU DO NOT AGREE TO THE CONDITIONS OF THIS AGREEMENT
OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User
Activities and Information on the Site
2.1 You will
use the Site and any content, material, or information found on
the Site solely for lawful, non-commercial purposes. You shall not
upload to, distribute to, or otherwise disseminate through the Site
any material or information of any kind that is libellous, defamatory,
obscene, pornographic, abusive, or otherwise violates any law or
infringes or violates any rights of any other person or entity,
or contains a solicitation of funds, advertising, or a solicitation
for goods or services.
2.2 You warrant that any material or information that you
make available through the Site, including, for example, postings
to chat areas and forums, is solely your original work, or that
you have all necessary rights to make the material or information
of any other person or entity available on the Site. You will be
solely responsible for the content of any material or information
that you make available through the Site. You will also be liable
for any damage resulting from making any material or information
available through the Site.
2.3 By making any material or information available through
the Site, you automatically grant to Artsoft a world-wide, royalty-free,
perpetual, irrevocable, and non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, distribute and sublicense
any such material or information (in whole or in part) and/or to
incorporate it in other works regardless of form, media, or technology.
By making any material or information available through the Site,
you also grant to users other than yourself the right and license
to access, view, store, or reproduce your material and information
for that user's personal use.
2.4 Artsoft has no obligation to, and does not and cannot,
review every item of material or information that you and users
other than you make available through the Site, and Artsoft is not
responsible for any content of this material or information. However,
Artsoft reserves the right to delete, move, or edit any material
or information that it deems, in its sole discretion, unacceptable,
libellous, defamatory, obscene, pornographic, abusive, or otherwise
in violation of any law or that infringes or violates any rights
of any other person or entity. Further, Artsoft reserves the right
at all times to disclose any material or information as necessary
to satisfy any law, regulation, or governmental request.
2.5 Artsoft reserves the rights to collect, use, and distribute
demographic data about you and your use of the Site in forms that
do not identify you individually or reveal your identity.
3. Rights
in Site Content and the Site
3.1 All content
provided by Artsoft on the Site is protected by copyright, trademark,
and other applicable intellectual property and proprietary rights
laws and is owned, controlled, and/or licensed by Artsoft. The Site
is protected by copyright, patent, trademark, and other applicable
intellectual property and proprietary rights laws and is owned,
controlled, and/or licensed by Artsoft. Artsoft® is a pending trademark
of Artsoft. All other trademarks appearing on the Site are the property
of their respective owners.
3.2 You will not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part, found on the Site. You
will download copyrighted content solely for your personal use,
but will make no other use of the content without the express written
permission of Artsoft and the copyright owner. You will not make
any changes to any content that you are permitted to download under
this Agreement, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You agree
that you do not acquire any ownership rights in any downloaded content.
3.3 Certain content found on the Site may be subject to additional
terms, conditions, and notices as specified in Section 11 below.
4. Disclaimer
of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY
AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ARTSOFT,
NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION,
MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY
MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS
TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS,
OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL ARTSOFT (ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS,
AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS),
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY
CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON
THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS
OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD
OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ARTSOFT (AND
ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING
YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless Artsoft (and any
of its parents, subsidiaries, affiliates, employees, agents, third
party content providers, or licensors, and their respective directors,
officers, employees, and agents) from and against all claims, liability,
and expenses, including attorneys' fees and legal fees and costs,
arising out of your use of the Site or your breach of any provision
of this Agreement. Artsoft reserves the right, in its sole discretion
and at its own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you. You will
co-operate as fully as reasonably required in the defence of any
claim.
Artsoft reserves
the right, in its sole discretion, at any time to charge fees for
access to and use of the Site, or any portions of the Site. If Artsoft
elects to charge fees, it will post notice on the Site of all conditions
pertaining to fees and payments.
You will contact
us by sending electronic mail to webmaster@artsoft.co.uk. We will
contact you by sending electronic mail to the address you provide
to us, or by posting a notice on the Site.
Artsoft may
terminate this Agreement and your use of the Site at any time. Artsoft
shall have the right immediately to terminate your use of the Site
in the event of any conduct by you which Artsoft, in its sole discretion,
considers to be unacceptable, or in the event of any breach by you
of this Agreement.
9. Law Governing Performance and Disputes
Exclusively
the laws of England shall govern this Agreement, your performance
under it, and any disputes arising under it.
This Agreement
and any posted rules on the Site established by Artsoft constitute
the entire agreement of the parties with respect to the subject
matter hereof.
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