Terms of Use - Voxygen.co.uk

Introduction

Welcome to Voxygen Limited and the website of Voxygen ("Site"). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Voxygen Limited and its affiliates and subsidiaries (individually and collectively, "Voxygen").

By using the Site, software or purchasing any products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Voxygen has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. You can find the latest version of these Terms of Use at http://tools.voxygen.co.uk/pages/terms at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Voxygen. To better protect your rights we have provided the Voxygen Privacy Policy to explain our privacy practices in detail.

Use of Voxygen Software

Voxygen software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Voxygen. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties, Disclaimers and Limitation of Liability

The Site and all content and materials on it are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Voxygen disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.

Without limiting the foregoing, Voxygen does not represent or warrant that:

  1. the Site will be accurate, reliable, uninterrupted, secure or error-free;
  2. defects in the Site will be corrected;
  3. the Site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY. IN NO EVENT SHALL VOXYGEN, ITS AFFILIATES, ITS LICENSORS OR THE VOXYGEN STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

  1. ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU;
  2. ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND
  3. ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS' WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS.

THE LIMITATIONS ON VOXYGEN'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT VOXYGEN, ITS AFFILIATES OR THE VOXYGEN STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF VOXYGEN FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF VOXYGEN, THE VOXYGEN STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

Term of Use

These Terms of Use are effective until terminated by either you or Voxygen as set out below. You may terminate your agreement with Voxygen at any time by ceasing to use the Site and destroying the User Materials together with all copies thereof.

Voxygen may terminate its agreement with you at any time if you have breached any term or condition of these Terms of Use. In such event, no notice shall be required by Voxygen to effect such termination. Upon termination of these Terms of Use, you agree to cease using the Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Voxygen at your expense.

Web Site

Third Party Sites

The Site includes hyperlinks to other websites and content and introduces you to various third party merchants ("Merchant(s)") whose products and services may be purchased on the Merchants' websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. Voxygen has no control over such third party websites and the inclusion on the Site of a hyperlink to any third party website is not an endorsement by Voxygen of such website, or to any content, products or services available on it.

Accounts and Security

Voxygen does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password ("Password") and user name ("User Name"). You shall provide Voxygen with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. Only chose a User Name that you have a right to use and don't include someone else's trade marks in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Voxygen, in its sole discretion, deems inappropriate or offensive.

You shall notify Voxygen of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Voxygen's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Jurisdictional Issues

This Site is controlled and operated by Voxygen. Voxygen makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold Voxygen, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Voxygen agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws of England and Wales, and shall be subject to the jurisdiction of the courts of England and Wales.

Trademarks

Voxygen, associated trade marks and logos are trade marks of Voxygen Limited.

Copyright

The content and compilation of content included on Voxygen's website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Voxygen Limited and are protected by United Kingdom and international copyright laws.