Disclaimer

Please read the following paragraphs carefully. They set out the terms and conditions on which you may use the ScanSafe Website ('the Website').

1. Introduction

1.1. Operation of Website

The Website is operated and owned by ScanSafe Limited ('ScanSafe'). This company is registered in England with Company number 3900118. Its registered office and geographic address is Qube, 90 Whitfield Street, London, W1T 4EZ.

The information, facilities, services offered or available on the Website are described as 'the Services'.

1.2. Acceptance of Terms of Use

The Services are made available to you conditionally on your acceptance without modification of the terms, conditions and notices contained herein (the 'Terms of Use'). Your use of the Website constitutes your acceptance of, and agreement with, ScanSafe to the Terms of Use. If you use the Website in the course of your business, you are agreeing to the Terms of Use on behalf of that business.

If you do not agree with the Terms of Use (or are not authorised to do so) you should not use the Website or any of the Services.

1.3. Updating of Terms of Use

These terms and conditions were last updated on 26 October 2006. They replace all previous terms and conditions for the Website. ScanSafe may change, alter or withdraw any part of the Website or the Services at any time and may also change these Terms of Use. In order to tell you about any such change, ScanSafe will either:

send a message to your e-mail address (and this will be deemed to be served three hours after being sent by ScanSafe), or
publish details of any changes to the Terms of Use in Section 12 below and/or in another prominent position on the Website.

You should therefore regularly check Section 12 to see if any changes have been made.
By using the Website after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Website and the Services.

2. Privacy Policy and Registration

2.1. Privacy Policy

All information received by ScanSafe from your use of the Website or the Services will be used by ScanSafe in accordance with our Privacy Policy. Please click on the link here to see the ScanSafe Privacy Policy.

2.2. Registration Details

If any Service requires you to register, the following terms will apply:

you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form;
each registration is for a single user only; and
it is your responsibility to update and maintain changes to that information on the applicable ScanSafe registration page.

You may be asked to choose a user name and password ('ID') on registration. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

2.3. Permissions

ScanSafe does not permit the sharing of IDs or access through a single ID being made available to multiple users on a network. ScanSafe may cancel or suspend your access to the Website and the Services if you do this, without further obligation to you. You may not use anyone else's account at any time nor tell anyone else your own password. ScanSafe will not be liable for any loss that you may incur as a result of someone else using your ID or account, either with or without your knowledge. You are responsible for all use of the Website and Services made by you or anyone else using your ID and for preventing unauthorised use of your ID.

If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify ScanSafe immediately.

2.4. Email Addresses

If you provide ScanSafe with an e-mail address which will result in any e-mails being sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer), you warrant that you are entitled to receive those messages. You also recognise that email is not a secure method of communication.

3. Access and Use

All material available on or via the Website (the 'Content') belongs to ScanSafe or its affiliates or has been licensed to them by third parties. ScanSafe, its affiliates or such third parties own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content.

3.1. What You May Do

You may:

retrieve and display Content on a computer screen, PDA or mobile telephone;
print individual pages on paper (but not photocopy them);
store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use; and
permit your computer to make an electronically stored, transient copy of the content in the Website for the purpose of viewing it while connected to the Internet only.

3.2. What You May Not Do

You may not:

knowingly enter a false or someone else's user name or password on any log-in or password protection device as a means of gaining access to information about other users;
attempt to gain unauthorised access to any part of the Website, other accounts, computer systems or networks connected to the Website or any Service through hacking, password mining or any other means;
modify, copy, distribute, post, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website or any Service, whether in whole or in part, in any form or by any means;
redistribute any of the Content (including by using it as part of any content aggregation, archive or similar service);
remove the copyright or trade mark notice from any copies of Content made under these Terms of Use;
create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
'meta-search' the Website, send, or cause to be sent, any automated queries of any sort to the Website;
use any machine, electronic, web-based or similar device to read or extract the Content by automated or machine-based means;
use the Website or any Service in any manner that could damage, disable, overburden, or impair the Website or any Service (or any network connected to the Website or any Service) or interfere with any other party's use and enjoyment of the Website or any Service;
use the Website or any Service in any commercial manner except with prior written permission from ScanSafe; or
use the Website for any unlawful purpose.

4. Community Services and Forums

The Website may offer e-mail services, chat areas, news groups, communities and/or other message or communication facilities designed to enable you to communicate with other users or ScanSafe (collectively, 'Communication Services'), including bulletin boards, discussion groups and other public areas that allow feedback to ScanSafe and interaction between users and ScanSafe ('Forums').

4.1. Your Use of Forums

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
advertise, promote or offer to sell or buy any goods or services for any business purpose;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their gender or sexual orientation or their belonging to a particular race, religion or nation;
upload, or otherwise make available, files that contain images, photographs, software or other material protected by (i) intellectual property laws, including without limitation copyright or trademark laws or (ii) by rights of privacy or publicity, if any, unless you own or control the rights thereto or have received all necessary consents to do the same;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may interrupt, destroy or limit the functionality of the Website or any computer software or equipment;
create a false identity for the purpose of misleading others;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
use any material or information, including images or photographs, which is made available by ScanSafe in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
restrict or inhibit any other user from using and enjoying the Communication Services;
harvest, create a database or otherwise collect information about others, including e-mail addresses;
use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or any Service or other user or usage information or any portion thereof;
violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; or
violate any applicable laws or regulations.

You are solely responsible for the content of any material (including any attachments) you send to or post via any Communication Service ('Message'). By submitting any Messages you agree to indemnify ScanSafe from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Section.

.2. Material Within Forums

Forums contain Messages submitted by users over whom ScanSafe has no control. ScanSafe does not generally read or check Messages and cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these Terms of Use and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific decisions. Representatives of ScanSafe (who will be clearly identified as such) may also contribute material to the Forums in order to ensure the smooth running of the Forums.

4.3. Monitoring

ScanSafe does not monitor whether Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify ScanSafe immediately with specific details.

ScanSafe has no obligation to monitor the Communication Services. However, ScanSafe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ScanSafe reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever and indeed to close down any of the Services. ScanSafe reserves the right at all times to view and read all Messages and to disclose any information as ScanSafe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ScanSafe's sole discretion.

ScanSafe does not control or endorse the content, messages or information found in any Communication Service and ScanSafe therefore specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

5. Materials Provided to ScanSafe or Posted on the Website

5.1. Ownership of Messages

ScanSafe does not claim ownership of the materials in any Message you provide to ScanSafe (including feedback and suggestions) or post, upload, input or submit to the Website or any Service for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ('Posting') your Message you are granting ScanSafe and necessary sublicensees (i) permission to use your Message in connection with the operation of their Internet businesses (including without limitation all Services) (ii) the licence rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Message in whole or in part; (iii) the right to publish your name in connection with your Message; and (iv) the right to sublicense such rights to any supplier of any Service. No compensation will be paid with respect to the use of your Message, as provided herein.

5.2. Posting Messages

By Posting a Message you warrant and represent that you own or otherwise control all of the rights to your Message as described in these Terms of Use, including without limitation all the rights necessary for you to provide, post, upload, input or submit the Messages and any attachments and all the rights necessary for ScanSafe and necessary sublicensees to exercise the rights available to them under this clause.

5.3. Third Party Software

You may need certain software installed on your PC in order to access certain facilities of the Services. For convenience, ScanSafe may include links to enable you to access such software from our download area. ScanSafe is not responsible for any technical or other issues that may arise if you download third party software.

6. Storage Space and Other Limitations

You agree that ScanSafe may establish limits concerning use of any Service offered, including without limitation the maximum number of days that e-mail messages will be retained by any Service, the maximum number of e-mail messages that may be sent from or received by an account on any Service, the maximum size of an e-mail message (and attachments) that may be sent from or received by an account on any Service, the maximum disk space that will be allotted on ScanSafe's servers on your behalf (e.g. for personal webpages). You acknowledge that ScanSafe has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Service. ScanSafe makes no warranty that any Service will be uninterrupted, timely secure or error-free.

7. Limitation of Liability

7.1. General Guidance Only

The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by ScanSafe and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Appropriate independent advice should be obtained before making any decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your sole risk and responsibility. Any information that you receive via the Website may have ceased to be current by the time it reaches you. ScanSafe is not responsible for any use of the Content by you outside its scope as stated in these Terms of Use.

7.2. Updating

The information, software, products, and services included in or available through the Website or any Service may include inaccuracies or typographical errors. Changes are periodically made to the Website and Services and to the information therein. ScanSafe and its suppliers may make improvements and/or changes in the Website and any Service at any time. The Website and Services may be updated from time to time and may at times be out of date. ScanSafe accepts no responsibility for keeping the information in the Website and Services up to date.

7.3. Disclaimer

ScanSafe does not make any representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Website or any Service for any purpose. All such information, software, products, services and related graphics are provided 'as is' without warranty of any kind, express or implied. To the fullest extent permitted by law, ScanSafe hereby disclaims all warranties, conditions and other terms with regard to this information, software, products, services and related graphics, including all implied warranties, conditions or other terms of satisfactory quality, merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that:

ScanSafe shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website or any Service;
ScanSafe is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights; and
ScanSafe is not responsible for any content sent using and/or included in the Website or any Service by any third party.

Without limiting the above, ScanSafe will not be liable for matters beyond its reasonable control. ScanSafe does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.

To the fullest extent permitted by law, neither ScanSafe nor its suppliers shall in any event be liable for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever (including without limitation damages for loss of use, data, revenues or profits or loss of privacy) arising out of or in any way connected with:

the use or performance of the Website or any Service;
any delay or inability to use the Website or any Service;
any other provision of or failure to provide services by ScanSafe; or
any information, software, products, services and related graphics obtained through the Website or any Service

or otherwise arising out of the use of the Website or any Service, even if ScanSafe or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with the Website or any Service, or with any of these terms of use, to the fullest extent permissible by English law, your sole and exclusive remedy is to discontinue using the Website and the Services. The limitations on and exclusions of liability for damages in these Terms of Use apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. Nothing in these Terms of Use limits ScanSafe's liability for (i) personal injury or death caused by negligence or (ii) fraud.

8. Third Party Websites and Services

The Website may contain links to other Internet websites or services provided by independent third parties ('Third Party websites'). ScanSafe is not responsible for the availability or content of any Third Party website and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party website. If you purchase products or services from a Third Party website, your contract for such products or services will be with the third party and not with ScanSafe. Our Privacy Policy does not apply to Third Party websites. ScanSafe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ScanSafe of any Third Party website or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any Third Party website.

9. Restriction and Termination of Access

9.1. Terminating Access

ScanSafe reserves the right, in its sole discretion, to terminate your access to the Website and/or to any Service or any portion thereof at any time, without notice. ScanSafe shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

9.2. Unsolicited Mail

ScanSafe will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay ScanSafe liquidated damages of £10 (pounds sterling) for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; you otherwise agree to pay ScanSafe's actual damages, to the extent such actual damages can be reasonably calculated.

10. Copyright and Trademarks

The Website and the Services are protected by UK and international copyright, patent, trademarks laws and other intellectual property laws. Unless otherwise specified the copyright in the Services is owned by or licensed to ScanSafe. Unless otherwise specified, the authors of the literary and artistic works included in the Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

You acknowledge that the name 'ScanSafe' is a registered trademark and that you may not use it without prior written permission from ScanSafe. All other brand names, product and service names and titles and copyrights used in the Website are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by ScanSafe for their use by any person other than such holders and such use may constitute an infringement of the holders rights. Except for allowing you to use the Website and the Services for your personal use as set out above, when you use the Website, you are not receiving a licence or any other rights from ScanSafe, including intellectual property or other proprietary rights of ScanSafe or other companies with which we are affiliated. You understand that you have no rights to the Services or any other ScanSafe property except as indicated in these Terms of Use. Any rights not expressly granted herein are reserved.

11. General

11.1. Compliance with Laws

The Website is based and hosted in England and adheres to the laws of England in all its operations. Where national regulatory authorities have jurisdiction over the Website or the Services, ScanSafe has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained on the Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in the Website complies with the regulatory regime of countries (other than the United Kingdom) from which the pages in the Website should not be accessed.

11.2. Failure or Delay

Failure or delay by either party to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

11.3. Invalidity

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including without limitation the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

11.4. Entire Agreement

Unless otherwise specified herein, these Terms of Use (as updated from time to time) together with the Privacy Policy constitute the entire agreement between the user and ScanSafe with respect to the Website and the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ScanSafe with respect to the Website and the Services (provided that this shall not limit either party's liability for any fraudulent misrepresentation). A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11.5. English Law

These terms and conditions shall be governed by, and construed in accordance with, English law.

12. Changes to Terms of Use

No changes have been made to these Terms of Use since they were first made available on 21 October 2009.

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