|
AGREEMENT BETWEEN CUSTOMER AND STEVEN HOLMES
This Web site is offered to you, the customer. Your use of this Web site and/or your acceptance without modification of the terms, conditions, and notices contained herein constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2000 Steven Holmes and/or his suppliers, c/o Dolphin House, Woodgreen, Witney, Oxford, OX8 6DH, United Kingdom. All rights reserved.
Microsoft, Windows, Windows NT, MSN, The Microsoft Network, and other names of Microsoft products and/or services referenced herein are trademarks or registered trademarks of Microsoft Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STEVEN HOLMES AND/OR HIS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.STEVEN HOLMES AND/OR HIS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. STEVEN HOLMES SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB SITE. STEVEN HOLMES AND/OR HIS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION,SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, BY STATUTE, COLLATERALLY OR OTHERWISE, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL STEVEN HOLMES AND/OR HIS SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STEVEN HOLMES OR ANY OF HIS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. STEVEN HOLMES AND/OR HIS RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Steven Holmes that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTIES
This Web site may contain hyperlinks to Web pages and/or services operated by parties other than Steven Holmes, even if those web pages are located on Steven Holmes' server. Such hyperlinks are provided for your reference only. Steven Holmes does not control such Web sites and is not responsible for their contents. Steven Holmes's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
The services of David Denny and Bill Cogle that are available through links at this website are separately warranted by them in respect of work contracted with their own clients and Steve Holmes accepts no responsibility for such services.
USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful 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.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all
Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Steven Holmes, and such communications shall not be considered reviewed, screened, or approved by Steven Holmes. Steven Holmes reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Steven Holmes reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of Steven Holmes and/or his suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Steven Holmes hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence.
Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web site, is owned by Steven Holmes and/or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.K. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.K. export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
Steven Holmes reserves the right to change the terms, conditions, and notices under which this Web site is offered. This right shall not effect the existing terms and conditions accepted by you upon making a legitimate purchase using this Web site.
GENERAL
This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised 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 Steven Holmes as a result of this agreement or use of this Web site.
Steven Holmes' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Steven Holmes' right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Steven Holmes 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.
This agreement constitutes the entire agreement between the customer and Steven Holmes with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Steven Holmes with respect to this 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
|