Terms of Use

INTRODUCTION These terms and conditions govern your use of our website; by using our website, you accept these terms and...

INTRODUCTION

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these, you must not use our website.

 

 

LICENCE TO USE WEBSITE

Unless otherwise stated, we and our licensors own the intellectual property rights within the website and material on the website.

 

Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

  1. Republish material from this website (including republication on another website).
  2. Sell, rent or sub-license material from the website.
  3. Show any material from the website in public.
  4. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
  5. Edit or otherwise modify any material on the website.
  6. Redistribute material from this website, except for content specifically and expressly made available for redistribution, such as our newsletter.
  7. Where content is specifically made available for redistribution, it may only be redistributed.

Acceptable Use

You must not use our website in any way that causes or may cause damage to the website.

 

Including; impairment of the availability or accessibility of the website; or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

 

You must not use our website to do the following;

  • Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to); spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any; systematic or automated data collection activities (including; without limitation, scraping, data mining, data extraction and data harvesting) on or concerning our website without our express written consent.

 

You must not use our website to transmit or send unsolicited commercial communications.

 

You must not use our website for any purposes related to marketing without our express written consent.

USER-GENERATED CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website for whatever purpose.

 

You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 

You must not submit any user content to the website; that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

 

We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published upon our website.

 

Notwithstanding our rights under these terms and conditions concerning user content, we do not undertake to monitor the submission of such content or the publication of such content on our website.

RESTRICTED ACCESS

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

 

If we provide you with a user ID and password to access restricted areas of our website or other content or services, you must ensure that the user ID and password are kept confidential.

 

We may disable your user ID and password at our sole discretion without notice or explanation.

LIMITED WARRANTIES

We do not warrant the completeness or accuracy of the information published on this website, nor do we commit to ensuring that the website remains available or that the material on our website is kept up-to-date.

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose or the use of reasonable care and skill).

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will;-

  1. Limit or exclude our; or your liability for death or personal injury resulting from negligence
  2. Limit or exclude our; or your liability for fraud or fraudulent misrepresentation
  3. Limit any of our; or your liabilities’ in any way not permitted under applicable law
  4. Exclude any of our; or your liabilities’ that in any way is not excluded under applicable law

 

 The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions are;-

  1. Subject to the preceding paragraph
  2. Govern all liabilities arising under the terms and conditions or concerning the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty

 

To the extent that the website and the information and services on the website are free of charge, we will not be liable for any loss or damage of any nature – or any of the following; 

 

  • Any losses arising from any event or events beyond our reasonable control
  • Any loss or corruption of any data, database or software
  • Any special, indirect or consequential loss or damage
  • Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

SEVERABILITY & INDEMNITY

If a provision of these terms and conditions is determined; by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.

 

If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

You herewith indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses incurred or suffered by us arising out of any breach by you, of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions (including without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) 

EXCLUSION OF THIRD PARTY RIGHTS

These terms and conditions are for the benefit of both parties (you and us) and not intended to benefit any third party or be enforceable by any third party.

 

The exercise of ours and your rights concerning these terms and conditions is not subject to the consent of any third party.

VARIATION & ASSIGNMENT

We may revise these terms and conditions from time to time. Revised terms and conditions will apply from the date of the publication of the revised terms and conditions on our website.

 

Please check this page regularly to ensure you are familiar with the current version.

 

We may transfer, sub-contract or otherwise deal with our rights or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights or obligations under these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach. Including the following; 

  • Suspending your access to the website
  • Prohibiting you from accessing the website
  • Blocking computers using your IP address from accessing the website
  • Contacting your internet service provider to request that they stop your access to the website, and, or bringing court proceedings against you

ENTIRE AGREEMENT

The terms and conditions together, with our Privacy Policy, constitute the entire agreement between you and Sword-Ping concerning your use of our website, superseding all previous agreements in respect of your use of this website.

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