Terms & Conditions

Effective Date: August 2006

This website including any subsite accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of Grapeshot Limited ("Grapeshot"). When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.

Your Right to Use the Site and Its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Grapeshot grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Your Use of the Service

You warrant to Grapeshot that you will use the Site only for lawful purposes. You are responsible for complying with all applicable local laws and import restrictions connected with your use of the Software.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under UK copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Grapeshot is not granting you any license to use those proprietary logos, service marks, or trademarks. Any unauthorised use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at work or at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Grapeshot does not cause Grapeshot to have any special responsibility to you.

Links

This website may contain links to other Internet sites on the World Wide Web. Grapeshot provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Grapeshot approves of, endorses, or recommends that website. Grapeshot disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Grapeshot's Right to Change These Terms and Conditions of Use or Content on the Site

Grapeshot may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Grapeshot may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold Grapeshot and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, lawyers' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Grapeshot's defense of any claim. Grapeshot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Grapeshot.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, GRAPESHOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GRAPESHOT'S NEGLIGENCE, SHALL GRAPESHOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF GRAPESHOT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GRAPESHOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED 5.00 GBP.

Transfer

This agreement is personal to you and your rights under it cannot be assigned, transferred or sub-licensed to any other person without the prior written consent of Grapeshot.

Severability

In the event that any of these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable, such Term or Condition shall to that extent be severed from the remaining Terms and Conditions which shall continue to be valid to the fullest extent permitted by law.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Grapeshot and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted under the laws of England and you and Grapeshot hereby submit to the non-exclusive jurisdiction of the English Courts.