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Monday, 06 October 2008 23:14   —    

Terms Of Use Of The Silobreaker Website

1. Access to the Website, Registration and Responsibilities

1.1  In these terms "us", "we" and "our" refer to Silobreaker Limited, a company registered in England and Wales under company number 05425764 and whose registered office is at Northumberland House, 15 Petersham Road, Richmond, Surrey, TW10.

1.2  In these terms the Silobreaker website service is referred to as "the Website".

1.3  Subject to your acceptance of and compliance with these terms of use, we hereby grant to you the non-exclusive, non-transferable licence to access and to use the Website.

1.4  Each time you use or log in to the Website you confirm your acceptance and compliance with these terms of use.

1.5  The use of the Website is currently free of charge but the Website may be changed to a subscription service, in whole or in part, at any time without notice to you.

1.6  Some features of the Website, which may change from time to time, are only accessible if you log in as a registered user. Registrations can be made through the Websites’s registration facility. You represent and confirm that your email address as provided by you in your registration is correct and truthful and that you agree that such personal information can be collected and used in accordance with the Website’s Privacy Policy as published on the Website.

1.7  It is your responsibility to make sure that the computer from which you intend to use the Website meets the hardware, software and security settings requirements for effective use of the Website.

1.8  You shall not commercially exploit the Website or any of its content by for example selling, transferring, licensing for use by others or re-branding any of its content.

1.9  You must not interfere with another person's use of the Website or otherwise act in a way that negatively affects another person's use of the Website.

1.10 Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.

1.11 We may change the Website (including without limitation its format) and anything described in it without notice to you.

1.12 You are responsible for bringing these Terms of Use to the attention of all persons accessing the Website through your Internet connection.

2. Security and Accuracy of the Website

2.1  You must not send to us or to the Website any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

2.2  We reserve all rights to all software associated with, comprised in, and used to operate the Website ("the Software") and your use of the Website shall not imply the grant to you by us of any rights in or in respect of the Software. The Software is protected by copyright and other intellectual property rights. We (or group companies) own the title, copyright, and other intellectual property rights in the Software.

2.3  You will not disassemble, decompile, or reverse engineer, the Software.

2.4  We make no warranty express or implied that:

2.4.1 your access to the Website will be uninterrupted, timely or error-free;

2.4.2 the Website will be compatible with any hardware and software which you may use; or

2.4.3 the Website is error free or that the information contained on its pages from time to time is complete, accurate or up-to-date.

2.5  We do not accept any liability for any inaccuracies, errors or omissions in the Website or the content of any of its pages.

3. Content of the Website and our Liability

3.1  The content of the Website are intended for convenience only and nothing on the Website shall constitute advice or a recommendation

3.2  The content of the Website and the sources of such content may change from time to time and parts of the Website may contain advertising or other third party content.

3.3  Whilst we endeavour to make the Website available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.

3.4  We have no control editorial or otherwise over the content which appears on the Website and as such cannot guarantee the accuracy, integrity or quality of such content. Under no circumstances do we accept any liability whatsoever and howsoever occurring in relation to any of the content which appears on the Website from time to time.

3.5  Although we may put in place security measures for your protection, we shall not be liable for damage to, or for viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of, the Website or your downloading of any material from it. We shall also not be liable for the actions of third parties in breaching any security measures.

3.6  We accept liability for death or personal injury caused by our negligence and for any fraudulent misrepresentation made by us. To the extent possible by law, we shall not be liable to you for any losses (including, without limitation, direct, indirect or consequential losses, damages for loss of business, goodwill, opportunity or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Website, or any material contained in it or accessible from it, or from any action or decision taken as a result of using the Website or any such material.

4. Intellectual Property and Confidentiality

4.1  All intellectual property and other proprietary rights, including design right and copyright, in and relating to the Website and the content of the pages of the Website are owned or controlled by us (or group companies). In accessing the web pages, you agree that you may only download the content for your own use in accordance with these terms. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way or create derivative works from the content of the web pages for any purpose whatsoever without our prior permission.

4.2  The "Silobreaker" name and logo and all related names, design marks and slogans are the trade marks or service marks of Silobreaker Limited.

5. Indemnity

5.1  You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses (including legal fees and costs) which we may suffer or incur as a result (direct or indirect) of any breach by you of any provision of these terms of use.

6. Third Party Websites

6.1  We have no control over, and accept no responsibility for, the content of any website to which a link from the Website exists. The links are provided "as is" with no warranty, express or implied, for the information provided within them.

6.2  You must not frame any of the Website onto your own website.

7. Severability

7.1  If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

8. Governing Law

8.1  These terms of use shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these terms of use. We shall also have the right to bring a claim against you in the jurisdiction in which you are based.

9. Acceptance of Terms

9.1  You have no right to use the Website unless and until you have accepted these terms of use in full and without variation.

9.2  We reserve the right to change these terms of use at any time and will notify of such changes on the Website.

10. Assignment of Agreement

10.1 This agreement is personal to you and your rights and obligations under these terms of use may not be assigned, sub-licensed or otherwise transferred. We may assign this agreement to a third party.