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Notice : Please read these Terms and Conditions carefully.
1. Introduction
Welcome to "Nerve" web site www.nerveproject.org.uk ("the Site"). This page states the "Terms and Conditions" (the "Terms") under which you may use the Site. If you do not accept the Terms stated here, do not use this Site. By using this Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions.
These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the Site after it has been posted. The Site is owned and operated by Imass Limited ("Imass").
The terms "You", "Your" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason. The terms "We", "Us" and "Our" are references to the ownership of the site by Imass Limited.
This Site is owned and operated by Imass. As a user, you will be able to access material on most areas of the Site without going through a registration process. Certain areas of the Site are only open to you if you have been provided with a password. There is no specific time limit applying to your access and use of the Site on these Terms. However, Imass reserves the right to suspend or terminate your access to, and use of, the Site at any time. It may exercise this right with or without notice, but if notice is given it will be sent to your e-mail address as notified to Imass. In that event, notice will be deemed to be served three hours after transmission or posting.
2. Copyright and Trademark Notice
All copyright, trade marks, brand names, product names, titles and all other intellectual property rights in or relating to the Site are and shall remain Our property or, where applicable, are reproduced with the permission of the rights' owner, such as content suppliers, partners and/or Users. No permission is given by Us in respect of the use of any third party brand names or copyrights and such use may constitute an infringement of the holders rights.
You may browse the contents, use any facilities and download a single copy of any material on the Site to the extent that it is expressly made available to You, but this is solely for Your own personal use and You must not remove any copyright or trade mark notices. You may not modify, reproduce, display, distribute or sell any such material for any commercial or business purpose, without Our prior written permission.
3. Privacy Statement
Your right to privacy is very important to us. We are compliant with the Data Protection Act 1998 and all other relevant legislation. Imass will never sell personal information or share personal information with third parties unrelated to Imass. At Imass we use the information we collect to serve our customers in the following ways:
· How customers use the Site and the feedback they give us helps us develop and enhance the site.
· To enable our helpdesk to deal with queries you may have about our service.
4. Downloadable Software
Copyright in any Software that is made available for download from the Site belongs to Imass or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.
5. Limitation of Liability and Disclaimer
You agree and acknowledge that to the fullest extent permitted by law, and in view of the numerous sources from which We obtain content for the Site, the impracticality of exhaustively verifying the sources, and the nature of electronic distribution, that We are providing the Site on an "as is", "with all faults" basis and We make no representations or warranties of any kind with respect to:
· The Site and content contained on the Site;
· The truth, accuracy, or completeness of any material on the Site;
· The services provided on the Site;
· The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the Site;
Your ability to use the Site or that it will be available in its current or any other format; and
We have no control over the information and material that can be accessed through, downloaded from or uploaded to the Site, and any material provided is for Your general information only and not intended to address Your particular requirements.
We are not responsible or liable to You for any loss of content, information or material that You upload or download or transmit through the Site.
We do not represent or warrant that access to the Site, or any part of it will be uninterrupted, reliable or fault free. We will not be responsible or liable to You or any third party for any modification, suspension of or discontinuance of the Site.
It is Your decision, where applicable, to use, post, submit, remove or alter information and material on, to or from the Site and We are not responsible or liable for any loss or damage incurred by You or any third party as a result of Your doing or failing to do the same.
We exclude all liability of any kind including for invasion of privacy, defamation, negligence or intellectual property right infringement, for the transmission or reception of information or material of whatever nature by, about or to You.
All warranties, conditions, undertakings, representations and terms whether express or implied are disclaimed.
Except for liability for death or personal injury arising out of negligence, We hereby disclaim and exclude all liability (whether in tort, contract, equity or otherwise) for any loss or damage whatsoever and howsoever incurred (including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated earnings incurred by You) to the fullest extent permitted by law.
This includes liabilities arising out of or in relation to or in connection with:
· Your access to or use of or inability to use the Site;
· With any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or
· Any content, material or services appearing on the Site or from any action or decision taken as a result of using the Site even if We or Our employees, officers or agents are advised of the possibility of such damages, losses or expenses
We reserve the right to make changes to any information and services contained within the Site and to make improvements and or changes in the products and programs described in its World Wide Web pages at any time and without notice.
Any arrangements made between You and any third party named on this Site are at Your sole risk and responsibility. This includes any separate agreement that You make with the owners of the Site, Imass, outside the scope of the information and services provided by the Site. We make no representations and disclaim all warranties, express or implied, including without limitation warranties as to fitness for a particular purpose or infringement of third party rights.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
You agree that You will use the Site only for internal business purposes and that You shall not grant or purport to grant any licences or sub licences in respect thereof.
6. Site Security
You agree that Your use of the Site and all information uploaded by You to the Site shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines.
You must not interfere or attempt to interfere with the Site, host or network and/or that of any User in any way other than as specifically authorised, including, without limitation, submitting a virus to the Site, overloading the Site and sending unsolicited postings. Any breach of this provision will be considered a serious breach of the Terms, and will entitle Us to immediately terminate Your access to the Site.
It is Your responsibility to use suitable anti-virus software on any material that You may download/upload from or to the Site and to ensure the compatibility of such software with Your equipment, and We are not liable for any damage which may result from Your failure to do so.
You are prohibited from using or attempting to use any device that will access data or accounts, or decipher, disassemble or re-engineer any of the software used by the Site, other than acknowledged third party Web browsers (such as Microsoft Explorer and Netscape Navigator). Any breach of this provision will be considered a serious breach of the Terms, and will entitle Us to immediately terminate Your access to the Site.
7. Links
This Site contains links to other web sites not controlled by Us. We are not responsible for and do not endorse or accept any responsibility over the contents or use of those web sites.
Any dealings whatsoever between You and a third party accessed on or via the Site (including partners and suppliers) are solely between You and that third party, and You agree not to hold Us liable for any loss or damage of any kind incurred as the result of such dealings. This provision shall only operate to the extent permitted by law.
You do not have to ask permission to link directly to the pages hosted on this Site. We do not object to You linking directly to the information hosted on this Site.
However, We do not permit Our pages to be loaded into frames pages on Your site. Our pages must load into the User's entire window, or a new window
8. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.
9. Contact Information
For any queries related to the Site please contact:
Imass Limited, Northumbria House, Regent Centre, Gosforth, NE3 3PX.
Tel: +44 (0)191 213 5555
Email: service.desk@imass.co.uk
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