• Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in anyway. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express written authorisation of Defined Imagery.
• Use of Software
Any use of software and associated documentation you download from the Site is subject to the terms of a software license agreement between Defined Imagery and user. You must understand and read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not specifically granted are reserved.
• Use of Forums and Public Communication
“Forum” means a discussion and news group, bulletin board, chat area and communication to Defined Imagery, its webmaster or employees, or e-mail function offered as part of the Site. You should agree not to upload, email, post, publish or otherwise transmit through Defined Imagery Forum any content that:
• is false or misleading;
• is defamatory;
• is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual;
• is obscene;
• infringes another’s rights, including but not limited to intellectual property rights;
• constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or
• violates any applicable laws or regulations.
• Forums should only be used in a non-commercial manner. You should not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to request other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorised by Morgan Contractors, you also agree not to store or save or collect personal data about other users. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Morgan Contractors, you automatically grant (or warrant that the owner of such rights has expressly granted) Defined Imagery a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called “moral rights” in the content have been waived.
• Passwords and Security
You are accountable for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Morgan Contractors instantly of any unauthorised use of your password(s). You agree that Morgan Contractors may, in its sole discretion, at anytime terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Defined Imagery.
• Third Party Web Sites, Content, Products and Services
The Site provides links to Websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Defined Imagery is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Defined Imagery is not accountable for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you decide to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Defined Imagery is not responsible for:
• the quality of third party products or services; and
• fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Defined Imagery is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Except where expressly provided otherwise, the site, and all content, materials, information, software, products and services provided on the site, are provided on an “as is” and “as available” basis. Morgan Contractors expressly disclaims all warranties of any kind whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Defined Imagery makes No warranty that:
• The site will meet your requirements;
• The site will be available on an uninterrupted, timely, secure, or error free basis;
• The results that may be obtained from the use of the site or any services offered through the site will be accurate and reliable; OR
• The Quality of any products, services, information, OR other material purchased or obtained by you through the site will meet your expectations.
• Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Defined Imagery shall have No responsibility for any damage to your computer system or loss of data that results from the download of any contents, materials, information or software. Defined Imagery reserves the right to make any changes or updates to the site at anytime without notice.
• Limitation of Liability
Under no circumstances can Defined Imagery be made liable for any damages whatsoever including any direct, indirect, incidental, special, or consequential damage or damages for loss or profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site.
You agree to defend, indemnify and hold harmless webmaster its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in anyway connected with your access to or use of the Site.
• Note About Children
This site is not eligible for use by minors, and we ask that they do not submit any personal information to us.
• Export Restrictions/Legal Compliance
You may not access, download, use the site, or its content, software, products or services provided on the Site in violation of UK export laws and regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United Kingdom or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Defined Imagery in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Defined Imagery outside the UK Neither the services of Defined Imagery nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly:
• into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to UK trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or
• to anyone on the UK Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the UK Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
• Applicable Laws
All matters relating to access to, and use of, the Site shall be governed by Laws of England & Wales. Any legal action or proceeding relating to your access to, or use of, the Site shall only be instituted in a court in England. You and webmaster agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
• Copyright/Trademark Information