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1. Incorporation of terms and conditions
1.1 These terms and conditions (‘Terms and Conditions’) set out by RedPixie Limited (Company Number 03723293) (‘RedPixie’) below, shall apply to your use of http://redpixie.com (‘Website’). As such, by continuing to use the Website, you agree to be bound by these Terms and Condition. If you do not accept these Terms and Conditions, please DO NOT continue to use the Website.
2. Intellectual Property
2.1 The contents of the Website are protected by copyright, database right, trademark and other intellectual property rights (‘IPR’). You acknowledge that all IPR in the Website is owned or is lawfully licensed to RedPixie.
2.2 The copying or incorporation into any other work of part or all of the material available on the Website in any form is strictly prohibited save that you may:
2.2.1print or download extracts of the material on the Website for your personal use; or
2.2.2copy the material on the Website for the purpose of sending to individual third parties for their personal information, provided that you acknowledge RedPixie as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
2.3 Subject to the conditions set out in Clauses 2.1 and 2.2 above, any assignment, sub-license or any transfer of your rights under these Terms and Conditions is strictly prohibited.
2.4If you breach any of the provisions in these Terms and Conditions, your authorisation to access or use the Website automatically terminates, and any information downloaded or printed from the Website shall be deemed to be in violation of these Terms and Conditions and must be immediately destroyed.3. Service Access
3.1 While RedPixie endeavours to ensure that the Website is normally available 24 hours a day, RedPixie shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond RedPixie’s control.
3.3 RedPixie reserves the right to amend these terms and conditions from time to time as it deems necessary. In such event, RedPixie will post such changes on the Website.4. Registration
4.1In order to download software, to enter into certain sections of the Website or enjoy certain services available on the Website (‘Registered User Services’), you will need to register as a registered user (‘Registered User’) of RedPixie on the Website.
4.2 Upon duly completing the relevant registration process and creating a username (‘Username’) and password (‘Password’), your application will be submitted to RedPixie for its consideration. Where RedPixie approves your application to register as a Registered User, RedPixie will send you an email to inform you that your application to be a Registered User has been successful to enclose details of your Username and Password.
4.3 The authority to access the Registered User Services commences upon the RedPixie approving your application to become a Registered User relevant and ends if terminated pursuant to Clause 7.
4.4 You are solely responsible for the security of your Username and Password and must not disclose your Username and/or Password to anyone. You must inform RedPixie immediately if your Username and/or Password have been compromised. In such a case, RedPixie will reset your Username and/or Password for you. In this regard, please contact RedPixie at firstname.lastname@example.org. Registered User’s Obligations
5.1 You agree not to:
5.1.1 make available your Username and Password and/or any part of the Registered User Services available to anyone. Where such disclosure of Username and/or Password occurs, you must inform RedPixie immediately so that RedPixie can take appropriate security measures. In addition, if you wish to unregister yourself as a Registered User, you agree to inform RedPixie of the same so that RedPixie can update the system;
5.1.2 create more than 1 Username and/or Password at any one time; and/or
5.1.3 use the relevant Registered User Services and/or information extracted or downloaded for any illegal, fraudulent or immoral purposes.
5.2 You agree to notify RedPixie immediately of any errors or inaccuracies in respect of any information and/or data extracted from any section of the Website which forms part of the Registered User Services. In this regard, you shall contact RedPixie by emailing RedPixie at email@example.com.
5.3 You acknowledge that RedPixie and RedPixie’s licensors own all intellectual property rights on the Website and software made available for download.6. Use of Software Made Available
6.1 RedPixie may make available software for you to download from the Website or links from the Website to third party servers. Such software may consist of proprietary software and/or open source software (collectively as “Software”). You acknowledge that such Software is protected by copyright, patent and/or such other intellectual property rights of either RedPixie and/or such third party licensors. You agree that the use of any of the Software is subject to separate licensing terms and conditions relating to such Software in question.
6.2 For the avoidance of doubt, any evaluation Software is provided for evaluation, personal and internal use only and may not be used for commercial, development or production purposes. In addition, please note that some evaluation Software may no longer be function after the evaluation period in respect of such Software expires (and by downloading such Software, you consent to such Software being disabled).7. Termination
7.1 Your rights to access the Registered User Services may be terminated by RedPixie if you are in material breach of any of these terms and conditions.
7.2 RedPixie reserves the right to terminate your access to the Registered User Services without giving any reasons by providing you notice of no less than 72 hours. Such notice will be emailed to you at your nominated email address.
7.3 You may terminate your membership as a Registered User at any time by giving RedPixie 7 days prior written notice by contacting RedPixie at firstname.lastname@example.org.
7.4 On termination of your membership as a Registered User, you will no longer be able to use any of the Registered User Services.
7.5 The termination of your membership as a Registered User shall not affect or prejudice the accrued rights of you and/or RedPixie as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.8. Links
8.1 RedPixie makes no representations whatsoever about any other website which you may access through the Website. When you access a website which does not belong to RedPixie, please understand that it is independent from RedPixie, and that RedPixie has no control over the contents of that website.
8.2 In addition, a link to a non-RedPixie website does not mean that RedPixie endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
8.3 You must not frame the Website on any other websites.9. Liability and Indemnity
9.1 The material, Software and/or content displayed or made available on or through the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, RedPixie and/or third parties connected to RedPixie hereby expressly excludes (1) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and/or (2) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use and/or inability to use the Website, any websites linked to the Website and/or any materials posted on it, and any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill: (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 RedPixie remains liable for death or personal injury arising from RedPixie’s negligence, for fraudulent misrepresentation and/or any other liability which cannot be excluded or limited under applicable law.10. Privacy and Personal Information