infinium website terms and conditions

05/03/2004 5:55 PM

INFINIUM WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF

THIS WEBSITE UNDER THE DOMAIN NAME WWW.INFINIUMTECH.

COM (THE “WEBSITE”) AND TO ANY CORRESPONDENCE

BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE

TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY

MAKING USE OF THIS WEBSITE YOU INDICATE THAT YOU

ACCEPT THESE TERMS WHETHER OR NOT YOU CHOOSE TO

REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS,

DO NOT MAKE USE OF THIS WEBSITE. THIS NOTICE IS

ISSUED BY INFINIUM TECHNOLOGIES LIMITED OF 16 CLIFFE INDUSTRIAL ESTATE, SOUTH STREET, LEWES, EAST SUSSEX, BN8 6JL, UNITED KINGDOM (“INFINIUM”).

1 Introduction

1.1 You will be able to access most areas of this Website without

registering your details with us. However certain areas of this

Website may only be open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to

have accepted this legal notice in full. If you do not accept

this legal notice in full, you must leave this Website

immediately.

1.3 Infinium may revise this legal notice at any time by updating

this posting. You should check this Website from time to time

to review the then current legal notice, because it is binding

on you.

2 Licence

2.1 You are permitted to print and download extracts from this

Website on the following basis:

2.1.1 no documents or related graphics on this Website are

modified in any way;

2.1.2 no graphics on this Website are used separately from

accompanying text; and

2.1.3 Infinium’s copyright notice and this permission notice

appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual

property rights in all material on this Website (including

without limitation trade marks, logos and brand names,

photographs and graphical images) are owned by Infinium or

its licensors. For the purposes of this legal notice, any use of

extracts from this Website other than in accordance with

clause 2.1 above for any purpose is prohibited. If you breach

any of the terms in this legal notice, your permission to use

this Website will automatically terminate and you must

immediately destroy any downloaded or printed extracts from

this Website.

2.3 Subject to clause 2.1, no part of this Website may be

reproduced or stored in any other website or included in any

public or private electronic retrieval system or service without

Infinium’s prior written consent.

2.4 Any rights not expressly granted in these terms are reserved.

3 Service access

3.1 While Infinium endeavours to ensure that this Website is

normally available 24 hours a day, Infinium shall not be liable

if for any reason this Website is unavailable at any time or for

any period.

3.2 Access to this Website may be suspended temporarily and

without notice in the case of system failure, maintenance or

repair or for reasons beyond Infinium’s control.

4 Visitor material and conduct

4.1 Other than personally identifiable information, any material

you transmit or post to this Website will be considered nonconfidential

and non-proprietary. Infinium will have no

obligations with respect to such material. Infinium and its

designees shall be free to copy, disclose, distribute,

incorporate and otherwise use such material and all data,

images, sounds, text and other things embodied therein for

any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this

Website any material:

4.2.1 that is threatening, defamatory, obscene, indecent,

seditious, offensive, pornographic, abusive, liable to

incite racial hatred, discriminatory, menacing,

scandalous, inflammatory, blasphemous, in breach of

confidence, in breach of privacy or which may cause

annoyance or inconvenience;

4.2.2 for which you have not obtained all necessary licences

and/or approvals;

4.2.3 which constitutes or encourages conduct that would be

considered a criminal offence, give rise to civil liability,

or otherwise be contrary to the law of or infringe the

rights of any third party, in the United Kingdom or any

other country in the world; or

4.2.4 which is technically harmful (including, without

limitation, computer viruses, logic bombs, Trojan

horses, worms, harmful components, corrupted data or

other malicious software or harmful data).

4.3 You may not misuse the Website (including, without

limitation, by hacking).

4.4 Infinium will fully co-operate with any law enforcement

authorities or court order requesting or directing Infinium to

disclose the identity or locate anyone posting any material in

breach of clauses 4.2 or 4.3.

5 Links to and from other websites

5.1 Where there are provided any links to third party websites on

this Website they are provided solely for your convenience. If

you use these links, you should leave this Website. Infinium

has not reviewed all of these third party websites and does

not control and is not responsible for these websites or their

content. Infinium therefore does not endorse or make any

representations about them, or any material found there, or

any results that may be obtained from using them. If you

decide to access any of the third party websites linked to this

Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so

on the basis that you link to, but do not replicate, the home

page of this Website, and subject to the following conditions:

5.2.1 you do not remove, distort or otherwise alter the size

or appearance of the Infinium logo;

5.2.2 you do not create a frame or any other browser or

border environment around this Website;

5.2.3 you do not in any way imply that Infinium is endorsing

any products or services other than its own;

5.2.4 you do not misrepresent your relationship with Infinium

nor present any other false information about Infinium;

5.2.5 you do not otherwise use any Infinium trade marks

displayed on this Website without express written

permission from Infinium;

5.2.6 you do not link from a website that is not owned by

you; and

5.2.7 your website does not contain content that is

distasteful, offensive or controversial, infringes any

intellectual property rights or other rights of any other

person or otherwise does not comply with all applicable

laws and regulations.

5.3 Infinium expressly reserves the right to revoke the right

granted in clause 5.2 for breach of these terms and to take

any action it deems appropriate.

5.4 You shall fully indemnify Infinium, its employees,

representatives and agents, from and against any claims,

actions, demands or other proceedings brought against any of

them by a third party, to the extent that such claim, suit,

action or other proceedings is based on or arises in

connection with: (a) your use of the Website or (b) any

breach by you of the terms in this legal notice

6 Registration

6.1 Where registration is required, each such registration is for a

single user only. Infinium does not permit you to share your

user name and password with any other person nor with

multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests

with you.

7 Disclaimer

7.1 While Infinium endeavours to ensure that the information on

this Website is correct, Infinium does not warrant the

accuracy and completeness of the material on this Website.

Infinium may make changes to the material on this Website,

or to the products and prices described in it, at any time

without notice. The material on this Website may be out of

date, and Infinium makes no commitment to update such

material.

7.2 The material at this Website is provided ‘as is’ without any

conditions, warranties or other terms of any kind.

Accordingly, to the maximum extent permitted by law,

Infinium provides you with this Website on the basis that

Infinium excludes all representations, warranties, conditions

and other terms (including, without limitation, the conditions

implied by law of satisfactory quality, fitness for purpose and

the use of reasonable care and skill) which but for this legal

notice might have effect in relation to this Website.

8 Liability

8.1 Infinium, any other party (whether or not involved in

creating, producing, maintaining or delivering this Website),

and any of Infinium’s group companies and the officers,

directors, employees, shareholders or agents of any of them,

exclude all liability and responsibility for any amount or kind

of loss or damage that may result to you or a third party

(including without limitation, any direct, indirect, punitive or

consequential loss or damages, or any loss of income, profits,

goodwill, data, contracts, use of money, or loss or damages

arising from or connected in any way to business interruption,

and whether in tort (including, without limitation, negligence),

contract or otherwise) in connection with this Website in any

way or in connection with the use, inability to use or the

results of use of this Website, any websites linked to this

Website or the material on such websites, including but not

limited to loss or damage due to viruses that may infect your

computer equipment, software, data or other property on

account of your access to, use of, or browsing this Website or

your downloading of any material from this Website or any

websites linked to this Website.

8.2 Nothing in this legal notice shall exclude or limit Infinium’s

liability for (a) death or personal injury caused by negligence

of its officers, directors, employees or agents; (b) fraud; (c)

misrepresentation as to a fundamental matter; or (d) any

liability which cannot be excluded or limited under applicable

law.

8.3 If your use of material on this Website results in the need for

servicing, repair or correction of equipment, software or data,

you assume all costs thereof.

9 Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance

with English law. Disputes arising in connection with this legal

notice shall be subject to the exclusive jurisdiction of the English

courts.

Issue Date: 5 March 2004