Clearcast will provide you with up to date information on the functionality of the Site via its help and info pages, including advice and assistance on any upgrades or changes to its functionality; and use reasonable endeavours to comply with any statute, regulation or other ordinance as and when they come into force.
You agree that you will only use the Site in accordance with these Terms and Conditions and shall ensure compliance with applicable laws and regulations.
You represent, warrant and undertake that you will not cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of Clearcast or any third party
Exclusion of Warranty
We try to make sure the information contained on this Site is as accurate as possible. However we give no warranty of any kind regarding the Site and/or any materials provided on the Site. Clearcast does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Site and to the extent permitted by Clearcast expressly disclaims all warranties and conditions, including implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Clearcast assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site. In no event shall Clearcast be liable for any injury, loss, claim, damage, or any exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:
1.any use of this Site or content found herein
2.any failure or delay (including, but not limited to) the use of or inability to use any component of the Site
3.the performance or non-performance by www.clearcast.co.uk even if such party has been advised of the possibility of damages to such parties or any other party
4.the provision of or failure to provide services
5.any information, software, products, services and related graphics obtained through the Site.
Clearcast liability shall not be limited in the case of death or personal injury directly caused by Clearcast negligent act or omission.
Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will do our best assist its resolution but will not be responsible for any loss or damage may suffered as a result.
Affiliates/links to other Sites
We may provide links to other Sites, resources, advertisements or sponsorships either directly or through the contractual partners. Clearcast accepts no responsibility for these links and does not endorse their contents. If you decide to access other web sites, you do so at your own risk whatsoever. You shall indemnify and keep Clearcast indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Clearcast and any affiliated or associated company or entity whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
Copyright & Trademark
The Site and each of its modules, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the property of Clearcast. None of the data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified without the express written permission of Clearcast. In addition, the trademarks, logos and service marks displayed on this Site (“the Trade Marks”) are registered and nothing contained in this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any of the Trade Marks without Clearcast’s permission (apart from press releases). All other intellectual property rights (including any patent, copyright, database rights, registered design, trade mark, trade name, know-how or industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to the Site (including all components developed and produced for the Site including the up-dates, format, art direction, look and feel and content) (the “Intellectual Property Rights”) shall be owned by and vest absolutely in Clearcast.
Should a company affiliated with us (i.e. a registered user of our system) wish to demonstrate their relationship with Clearcast, by displaying our company logo on their site, this must be done via a formal request made to communications@Clearcast.co.uk and decisions will be made on an individual basis. The placement, positioning and usage of the logo must be pre-approved by Clearcast and if, at any time, we decide we are no longer comfortable with the usage of the logo, we may ask the logo to be removed.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of England and Wales.