AGREEMENT BETWEEN USER AND SME CLUSTER
The SME Cluster Web Site is comprised of various Web pages operated by SME Cluster.
The SME Cluster Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the SME Cluster Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
SME Cluster reserves the right to change the terms, conditions, and notices under
which the SME Cluster Web Site is offered, including but not limited to the charges
associated with the use of the SME Cluster Web Site.
LINKS TO THIRD PARTY SITES
The SME Cluster Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of SME Cluster and SME Cluster
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
SME Cluster is not responsible for webcasting or any other form of transmission
received from any Linked Site. SME Cluster is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by SME Cluster
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SME Cluster Web Site, you warrant to SME Cluster
that you will not use the SME Cluster Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the SME Cluster
Web Site in any manner which could damage, disable, overburden, or impair the SME Cluster
Web Site or interfere with any other party's use and enjoyment of the SME Cluster
Web Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the SME Cluster
Web Sites.
USE OF COMMUNICATION SERVICES
The SME Cluster Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and 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:
- 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,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- 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.
- 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.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
SME Cluster has no obligation to monitor the Communication Services. However,
SME Cluster reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. SME Cluster reserves
the right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
SME Cluster reserves the right at all times to disclose any information as 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 SME Cluster's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. SME Cluster does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, SME Cluster specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized SME Cluster
spokespersons, and their views do not necessarily reflect those of SME Cluster.
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.
MATERIALS PROVIDED TO SME Cluster OR POSTED AT ANY SME Cluster WEB SITE
SME Cluster does not claim ownership of the materials you provide to SME Cluster
(including feedback and suggestions) or post, upload, input or submit to any SME Cluster
Web Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting SME Cluster,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. SME Cluster is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in SME Cluster's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SME Cluster WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SME Cluster AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SME Cluster WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE SME Cluster WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SME Cluster AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SME Cluster WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. SME Cluster AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SME Cluster
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SME Cluster WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE SME Cluster WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SME Cluster WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SME Cluster WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF SME Cluster OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE SME Cluster WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SME Cluster WEB SITE.
SERVICE CONTACT : enquiries@SME Cluster.co.uk
TERMINATION/ACCESS RESTRICTION
SME Cluster reserves the right, in its sole discretion, to terminate your access
to the SME Cluster Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the SME Cluster Web
Site. Use of the SME Cluster Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and SME Cluster as a result
of this agreement or use of the SME Cluster Web Site. SME Cluster's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of SME Cluster's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the SME Cluster
Web Site or information provided to or gathered by SME Cluster with respect to
such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty 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 the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and SME Cluster with respect to the SME Cluster
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and SME Cluster with respect
to the SME Cluster Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SME Cluster Web Site are: Copyright 2006 by SME Cluster
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
GENERAL
These terms shall be governed by and interpreted in accordance with the laws of
England and Wales.