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These are the Terms and Conditions ("Terms") which govern the use of the sites owned or operated by Crambeth Allen Media Ltd (“Crambeth Allen”), including but not limited to www.digitalrefining.com.
These terms contain important information about your position under applicable law and regulations when using these sites. Please read these Terms carefully. By accessing these sites, you agree to be bound by these Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on these sites. If you have any questions, please contact the publisher at firstname.lastname@example.org
1.1 This Site is owned and operated by Crambeth Allen. The Site may be supported by sponsoring organisations and advertisers ("the Sponsors") whose names appear on the Site and whose own sites may be accessed by Internet links from the Site.
1.2 Some areas on the Site may only be available to registered users or paid subscribers who have gone through the registration process.
2. Conditions of Use and Intellectual Property
2.1 All rights in the material on the Site (“Content") belong to Crambeth Allen or its third party licensors and are protected by copyright, trademarks, service marks and/or other proprietary rights and laws of the UK and other countries. All individual articles, columns, emails and other elements on the Site are also copyright works and you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or in these Terms. The business may licence third parties to use the Content in its sole discretion.
2.2 You agree to use the Site and the Content solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of Crambeth Allen.
2.3 You accept that the Site is not configured for and is not to be used for transactions or the provision of advice.
2.4 Subject to the above, you may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) but you may not reproduce, modify or exploit any of the Content for commercial purposes.
2.5 Crambeth Allen endeavours to ensure all items are priced correctly, however errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your order or reconfirming at the correct price. Items sent for overseas delivery may be subject to import duties and taxes collected at the final destination. Any additional customs charges must be borne by you. Crambeth Allen has no control over these charges.
2.6 If it is brought to our attention that you have indeed sold, published, distributed, retransmitted or otherwise provided access to article(s) from the Content to anyone without the prior written permission from Crambeth Allen, we will invoice you for a copyright abuse penalty fee of £1,000 per article, which will be payable immediately upon receipt of the invoice. Any request for permission to reuse, repurpose, republish or reprint can be sent to the publisher at email@example.com
2.7 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.
3. Registration and Subscriptions
3.1 In order to access the Site, or parts of the Site, you may need to follow a registration process and select a password. You will provide Crambeth Allen with certain necessary details, all of which must be accurate, complete and up to date. It is your responsibility to update Crambeth Allen immediately with any changes to the information provided.
3.2 Your registration is personal to you and you are responsible for maintaining the confidentiality of your password. You shall be responsible for all use of the Site made by anyone using that password. Any unauthorised use of the Site and/or of your password should be notified to Crambeth Allen immediately.
3.3 In order to access parts of the Site, you may need to make online payment of a subscription. Upon acceptance and confirmation of such an online payment Crambeth Allen will provide you with immediate access to such parts of the Site requiring a subscription. If such access is not granted for any reason within a period of 24 hours of acceptance and receipt of payment, Crambeth Allen agrees to provide a full refund of the payment made.
4. Data Protection
Crambeth Allen and you agree to comply with applicable data protection laws.
5. Interactive Services
5.1 The Site may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to Crambeth Allen (together "Interactive Areas"). Crambeth Allen does not control and is not responsible for the information and/or materials posted to Interactive Areas ("Posted Material") but reserves the right without reference to any third party to delete, move or edit any Posted Material or part thereof. It is a condition of your access to the Site and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material.
5.2 You are responsible for the content of your Posted Material and must comply with any additional rules which may, from time to time, be issued at particular locations within the Interactive Areas. In particular, you may not within the Interactive Areas:
(a) post, publish or link to any specific matter which is or could be taken to be the provision of advice;
(b) post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation;
(c) post, publish or link to any information or messages which are obscene, defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful;
(d) post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs;
(e) impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same;
(f) post or publish any information or messages containing a virus or other harmful component;
(g) disguise the origin of any message;
(h) collect or store other users' personal data; or
(i) prevent or restrict the use of the Site and the Interactive Areas by other users..
5.3 By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand Crambeth Allen from all claims, costs and expenses (including legal and other professional fees) which Crambeth Allen might suffer arising out of any of your Posted Material.
5.4 You acknowledge that Crambeth Allen does not have control over the users posting messages to the Interactive Areas. As a result, Crambeth Allen cannot guarantee the veracity or accuracy of Posted Material. All use of the Interactive Areas is at your risk. You should not rely on Posted Material in any way.
5.5 Representatives of Crambeth Allen may also submit Posted Material to the Interactive Areas. In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of Crambeth Allen nor as the views of a professional advisor.
5.6 You hereby agree to grant Crambeth Allen a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, licence all or part of your Posted Material, including to licence third parties to use the same.
6.1 You may create a link from your web site to the home page of the Site provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
6.2 The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ("Deep Linking") or the bringing up of or presenting Content within another web site ("Framing") is not permitted without our prior written permission. You must seek and obtain the prior written permission of Crambeth Allen before Deep Linking or Framing the Site or any Content by contacting Crambeth Allen providing:
(a) your name, e-mail address and telephone number;
(b) the name of your company;
(c) the web address(es) where the proposed Deep Linking or Framing will occur;
(d) specific details about the contemplated Deep Linking or Framing.
7. Links to External Sites
7.1 The Site may contain links to other web sites provided by Sponsors or other independent third parties ("External Sites"), either directly or by framing. Crambeth Allen shall endeavour to highlight such links. Crambeth Allen shall not be responsible for the availability or content of External Sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites.
7.2 The Site may be used to purchase products or services from Crambeth Allen's third party partners or Sponsors. Any such contracts will be exclusively between you and the relevant third party or Sponsor and Crambeth Allen shall not be responsible in any way for any costs, claims, damages and liability arising in relation thereto, even if the contract in question was entered into through the Site.
8. Third Party Content
The Site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and Crambeth Allen shall accept no responsibility for any errors or inaccuracies in any such material.
9. Competitions and Prizes
From time to time, Crambeth Allen may run competitions, prize draws and promotions on the Site. These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions.
Crambeth Allen shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Site, the Content, the Interactive Areas and these Terms. Any changes to these Terms will be notified to you by e-mail or by publishing the revised Terms on the Site. By continuing to access the Site following a change to the Terms, you agree to be bound by any changes thereto.
11. Representations, Warranties and Indemnities
11.1 You represent, warrant and undertake that: (a) you have the capacity to enter into this agreement; (b) you are at least eighteen (18) years of age; (c) you will not infringe the copyright or any other intellectual property rights of Crambeth Allen; (d) you will comply fully with the Terms; (e) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software which is proprietary to Crambeth Allen or any of its third party partners.
11.2 You hereby agree to indemnify and hold harmless Crambeth Allen and keep Crambeth Allen fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which Crambeth Allen might suffer by reason of a breach by you of the Terms and in particular any of the above representations. For the avoidance of doubt, this indemnity shall extend to any losses which Crambeth Allen may suffer as a result of the use by third parties of your password except in circumstances where you can demonstrate to Crambeth Allen's satisfaction that such third party obtained the relevant details through no fault of your own.
12. Term and Termination
12.1 Use of and access to the Site is not subject to any particular time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. You may terminate these Terms by simply discontinuing your use of the Site. Crambeth Allen may terminate these Terms and your use of the Site at any time by electronic notice. These Terms shall terminate automatically without notice from Crambeth Allen in Crambeth Allen's sole discretion, in the event you commit a breach of any provision of these Terms.
12.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 24 of these Terms shall survive a termination of the Terms and shall remain in full force and effect thereafter.
Crambeth Allen reserves the right to modify, delete or change any aspect of the Content, the Site and / or any of the technical specifications of any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the Site.
14. Force Majeure
Crambeth Allen shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of Crambeth Allen.
The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance.
16. Entire Agreement
These Terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and Crambeth Allen in relation to your use of and access to the Site.
17. Access outside of the UK
Crambeth Allen does not represent that the Content shall be appropriate or available for use outside of the United Kingdom. If you access the Site from outside of the United Kingdom, it is your responsibility to ensure compliance with any foreign and local laws and requirements.
If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.
Any notice which Crambeth Allen or you are required to give pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site.
No delay or omission on the part of Crambeth Allen in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.
21. Governing Law
These Terms shall be governed by and construed in accordance with English law. By accessing the Site, you agree to submit to the exclusive jurisdiction of the English Courts.
Disclaimer and Limitation of Liability
The Content on the Site is provided by Crambeth Allen for your general information only, is provided on an "as is" basis and is not intended to address your particular requirements. In particular, the Content does not constitute and form of advice or recommendation and should not be relied on in making (or refraining from making) any specific personal or business decision. You and your clients should seek independent advice before making any such decisions. All arrangements made between you and any third party named on the Site are at your sole risk and responsibility.
Crambeth Allen makes no warranties or representations, whether express or implied, in relation to the Site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
Crambeth Allen also makes no warranty that the Site will meet your requirements or that your use of the Site will be uninterrupted, timely, secure or error-free.
Crambeth Allen obtains the Content from a number of sources and disseminates the same over the Internet (or other interactive electronic platform). As a result, Crambeth Allen is not able to and gives no warranties in respect of the Site, software and / or the Content. The Site is provided on an "as is" basis and, to the extent permitted by law, any implied warranties of merchantability or fitness for purpose and any warranties relating to accuracy, completeness, standard of workmanship and level of care and attention are expressly excluded.
To the extent permitted by law, you agree that Crambeth Allen shall not be liable for any consequential or incidental damages (including but not limited to any financial loss and loss of business or profits) or for failure to meet any duties even if Crambeth Allen or its representatives have been advised of the possibility of such damages arising.
In the event of any damages arising out of your use of the Site, you agree that such damages shall be limited to the higher of the total amounts paid by you to Crambeth Allen in the last month and the sum of £200.
The Site will comply with the relevant U.K. Data Protection laws. Personal details provided to us will never be disclosed to third parties outside Crambeth Allen without the User's consent.
Users should be aware and accept that, if Crambeth Allen is requested by authorised third parties or regulatory or governmental agencies investigating illegal activities to provide information concerning Users activities while using the Site, the business we shall do so.
Similarly, Crambeth Allen will disclose Users' personal data if Crambeth Allen is compelled to do so by law. Crambeth Allen reserves the right to notify or provide such information to the relevant authority if, in our sole opinion, Crambeth Allen believe an emergency, illegal activity or some other reasonable basis exists for us doing so.
Crambeth Allen reserves the right to store and use Users' personal data solely for its own internal purposes and further reserves the right to access, monitor and retrieve password-protected information in order to fulfill our obligations in these terms and conditions.
All registration information held by us about you is available for you to view and, if necessary, correct under the Login tab.
Uses of User Information
User information is used by Crambeth Allen as follows:
(a) to allow us to ensure your continued access to the Site;
(b) to allow us to develop the site in ways that you will find relevant and interesting;
(c) to provide you with information we have produced that may be relevant and of interest to you;
(d) to provide our Sponsors with aggregate information about our User base and usage patterns. However, we reiterate that we would never divulge details of individual Users to third parties, other than when legally obliged to do so.
If at any time you no longer wish to take advantage of these facilities, you should email or write to us, quoting your password, stating your wish to de-register and we will immediately discontinue your access to the site.
Crambeth Allen operates secure data networks protected by industry standard security systems.