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 22 The Quadrant, Richmond, Surrey, TW9 1BP.
1.2 In
these terms the Silobreaker website service (including all content, downloads
and other materials available on or through it from time to time) 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. Downloads e.g. widgets are licensed individually, but
otherwise subject to these terms of use.
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to the Website (or any part of it) may be suspended or withdrawn to or from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, or in the case of downloadable content any
subsequent use you make of such content.
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 fullest 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 or downloaded 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, including all downloadable content, 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, or any part
thereof, 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:
(i) any
breach by you of any provision of these terms of use, or
(ii) your
use of materials downloaded from the Website (e.g. widgets)_on third party
websites, including your own website or weblog.
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. Advertising
The Website may contain
advertising and sponsorship. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on the Website complies with
applicable laws, codes and regulations. We exclude to the fullest extent
permitted by law any responsibility for any error or inaccuracy appearing in
any advertising or sponsorship material. Your dealings with any third parties
who advertise their goods and/or services on or through the Website and any
terms, conditions, warranties or representations offered or made by such
third parties are solely between you and such third party. You agree that we
are not liable for such dealings.
8. Severability
8.1 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.
9. Governing Law
9.1
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.
10. Acceptance of Terms
10.1
You have no right to use the Website unless and until you have accepted these
terms of use in full and without variation.
10.2
We reserve the right to change these terms of use at any time and will notify
of such changes on the Website.
11. Assignment of
Agreement
11.1 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.