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1. Use of the IAGE. Website
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i. These terms apply only to those parts of the IAGE.com
website which do not require a digital certificate or other security device or measure
for access; references to "website" below shall be construed accordingly.
ii. This website is made available by IAGE. Any party
accessing or browsing this website or downloading or using any information, data,
text, images, video or audio or any other materials available from IAGE via or generated
on, posted or uploaded to the website (" Content") or otherwise requesting, using
or receiving any services or facilities ("Services") via the website ("User") may
only do so subject to:
(1) the terms and conditions set out below and
(2)any additional
instructions, terms or conditions on the website that apply to particular Content
or Services which the User uses (such additional instructions, terms and conditions
to prevail over the terms and conditions below to the extent of any inconsistency),
together referred to as the " General Website Terms". Access to or use of this website
or any Content or Services available via it shall be deemed to constitute acceptance
by the User of, and agreement by the User to, the General Website Terms.
iii. If the User accesses the website or receives or
uses Content or Services on behalf of any other party (including any body corporate),
that party shall also be bound by the General Website Terms as if that party were
a User. The User warrants and represents that he is authorised by any such party
to bind that party to the General Website Terms.
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2. Status of General Website Terms
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i. The General Website Terms shall not affect, or form
part of, the terms of any contract of with IAGE.
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3. Copyrights/Other Rights
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i. Ownership of all copyrights, database rights, patents,
trade or service marks, product names or design rights (whether registered or unregistered),
trade secrets and confidential information and any similar rights existing in any
territory now or in future (" Intellectual Property Rights") and similar rights
and interests in all domain names, trade marks, logos, branding appearing on the
website and all Content, or otherwise relating to the structure of the website and
the Services offered by IAGE via the website, vests in IAGE or its licensors.
ii. The User may use this website and the Content and
Services available via the website only for the purposes reasonably anticipated
on this website or as otherwise might reasonably be expected in the course of his
relationship with IAGE and in accordance with any procedures from time to time in
force on the website. The User may not access any areas of the website to which
access is indicated to be restricted unless the User has obtained appropriate authorisation
and any relevant access device (such as a digital certificate) from IAGE. The User
may not:
(1) use or permit any other party to use all or any
part of the website, Content or Services in connection with activities that breach
any relevant laws, infringe any third party's rights, or breach any applicable standards,
content requirements or codes;
(2) post to, upload to, temporarily store on (if such
facility is provided) or transmit through, the website any information, materials
or content that might be or might encourage conduct that might be unlawful, threatening,
abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent;
(3) use the website for the purpose of or as a means
to send 'flame' or 'spam' emails.
iii. The User shall procure the waiver of any moral
rights in any information, data or other content or materials posted or uploaded
by the User to the website ("User Materials"). The User hereby irrevocably authorises
IAGE and its licensees to use any User Materials for all reasonable business purposes,
including without limitation copying, amending, incorporating in other materials,
publishing or otherwise providing to third parties (and permitting such third parties
to use and sublicense the User Materials) anywhere in the world any such User Materials.
The User agrees to take any steps (including completing any further document) that
may be required in any jurisdiction to give effect to this clause.
iv. IAGEdoes not warrant or represent that the User's
or any other party's use of the Content or the Services available via the website
will not infringe rights of third parties.
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4. Errors
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i. IAGE will use reasonable endeavours to ensure that
the Content accurately reflects either (1) the relevant
part of IAGE's records held on IAGE's computer systems or (2)
information received from a party other than IAGE. IAGE does not warrant that the
Content is accurate, sufficient, error free, complete or up to date at the time
it is accessed. The User should make further enquiries to satisfy himself of the
accuracy and completeness of any Content before relying on it. Certain Content may
be labelled as indicative only, in which case IAGE makes no warranties at all in
relation to its quality, accuracy, completeness or timeliness.
ii. Except as set out in the General Website Terms,
IAGE shall have no liability whatsoever for breach of any implied warranty, term
or condition that might otherwise apply including (without limitation) in relation
to the operation, quality or fitness for purpose of the website or any Content,
User Materials or Service, or the use of reasonable skill and care.
iii. The User is responsible for the accuracy and completeness
of any User Materials. The User shall ensure the User Materials do not infringe
any Intellectual Property Right or other right of any third party and are not defamatory,
unlawful, immoral or otherwise likely to breach or infringe any right or requirement
or to give rise to any claim for loss or damage by any third party. The User shall
indemnify and hold harmless IAGE and its affiliates, associates and agents against
any claims, losses, actions, proceedings, damage or other liabilities whatsoever
(including damages or compensation paid by IAGE to compromise or settle a claim),
and all legal costs or other expenses, suffered by IAGE or its affiliates and associates
as a result of any actual or potential breach by the User of its obligations under
this clause.
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5. Hyperlinked websites
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i. The website may contain certain links or references
to websites operated by third parties. IAGE makes no warranties or representations
whatsoever regarding any third party website which the User may access through this
website or which the User may use or access to enable access to or use of this website
and any of its Content or Services. Any such website is wholly separate and independent
from this website and IAGE does not have any control over the content or operation
of such website.
IAGE
ii. does not endorse any third party website, and does
not accept any responsibility for the existence, operation, content or use of such
website.
iii. A User may place hyperlinks to any unrestricted
area of this website provided that the User complies with the following terms or
any other terms posted on the website from time to time. The User:
(1) may link to, but may not, unless with IAGE's prior
written agreement, replicate in any way any Content appearing on the website;
(2) may not create a border environment or browser around
or otherwise frame any Content or create any impression that the Content is supplied
or owned by any party other than IAGE;
(3) may not present misleading or false information
about IAGE, its services or Content;
(4) may not misrepresent IAGE's relationship with the
linking User (or any third party);
(5) may not create any implication or inference that
IAGE endorses the linking User or its services (or any third party);
(6) may not use or reproduce IAGE's +logo, trade marks
or name;
(7) may not provide or display any content that could
be construed as obscene, libellous, defamatory, distasteful, offensive, discriminatory,
pornographic or inappropriate in any other way;
(8) may not display or provide materials, content or
anything else that might violate any laws of any jurisdiction or infringe any Intellectual
Property Right; and
(9) must clearly indicate that the IAGE website is operated
by IAGE and is not controlled by or otherwise associated or connected with the linked
website, and that IAGE' terms and conditions apply in relation to any use of the
IAGE website.
iv. Any User must immediately on request remove any
link placed on or to any area of this website. The User shall not permit any third
party aggregator of information to access or retrieve information from this website
on the User's behalf. The User may not in any way run software programs, scripts,
macros or similar materials against or in relation to any part of the website as
these could endanger, compromise or hamper the stability and operation of the website
or infringe rights in or relating to the website or any materials appearing on it.
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6. Security
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i. The User agrees to comply with any reasonable instructions
IAGE may issue regarding the website's security.
ii. The User must ensure that he does not do anything
during or after any access to or use of the website, Content or Services which might
result in the security of the website, or the systems or security of IAGE or any
other users of the website, or any IAGE customers or associated or affiliated companies,
being compromised
iii. Both the User and IAGE shall each take all reasonable
precautions to ensure that communications through the website and its own systems
are not affected by computer viruses or other destructive or disruptive components,
and to ensure no such components are transmitted to or via IAGE or the website.
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7. Liability
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i. Nothing in the General Website Terms shall exclude
liability for death or personal injury resulting from negligence or for fraud on
the part of IAGE.
ii. Except as set out in the General Website Terms,
IAGE, its affiliates, associates and agents shall have no liability whatsoever in
respect of the use of the Content, Services or website, howsoever arising.
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8. Miscellaneous
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i. Use of this website or of the Content or Services
may be subject to certain legal or regulatory requirements in particular jurisdictions.
The User may only access or use the website, Content or Services to the extent such
access or use is permitted in the jurisdiction in which he accesses or uses the
website, Content or Services.
ii. IAGE will not be liable for any loss (including
without limitation loss of profit), damage, delay or failure in performing any of
its duties relating to the General Website Terms caused in whole or in part by the
action of any government or governmental agency, natural occurrence, law or regulation
(or any change in the interpretation thereof), injunction, currency restriction,
sanction, exchange control, industrial action (whether involving its staff or not),
war, terrorist action, equipment failure, interruption to power supplies or anything
whatsoever beyond its reasonable control.
iii. The General Website Terms supersede all previous
agreements, communications, representations and discussions between the parties
relating to the website. No party will have a right of action against IAGEarising
from any previous agreement, communication, representation and discussion in respect
of the website (except in the case of fraudulent misrepresentation), and neither
party has relied on any terms, warranties, representations or conditions other than
those expressly stated in the General Website Terms. No modification or waiver of
the General Website Terms shall be binding on IAGEunless it is in writing and agreed
by an authorised representative of IAGE.
iv. References in the General Website Terms to 'in writing'
or 'written' include communication by email or other electronic form. References
in the General Website Terms to the singular include the plural and vice versa.
v. Each of the provisions of the General Website Terms
is severable from the others and if one or more of them becomes void, illegal or
unenforceable, the remainder will not be affected in any way.
vi. The rights of IAGE under the General Website Terms
may be exercised as often as necessary and are cumulative and not exclusive of its
rights under any applicable law. Any delay in the exercise or non-exercise of any
such right is not a waiver of that right.
vii. The User may not assign, part with or otherwise transfer any right or benefit
under any provision of the General Website Terms without IAGE's prior written consent.
viii. Subject to clause 2, IAGE may at any time and
without notice or liability change, improve or remove any Content or any Services
available via the website, or the General Website Terms.
ix. IAGE may assist or co-operate with authorities in
any jurisdiction in relation to any direction or request to disclose personal or
other information regarding any User or the use of the website, Content or Services.
x. IAGE's affiliates, associates and agents ("Relevant
Third Parties") shall have the benefit of all provisions of the General Website
Terms which are expressed to be for their benefit, as well as the law and jurisdiction
clause. In entering into the General Website Terms, IAGE does so (to the extent
of such provisions) not only on its own behalf but also as agent and trustee for
such persons.
xi. To the extent that clause 8.10 is not effective
to give such benefit to any Relevant Third Party, such Relevant Third Party may
enforce such provisions in its own name pursuant to the Contracts (Rights of Third
Parties) Act 1999. The General Website Terms may be varied or rescinded, by agreement
or in accordance with their terms, without the consent of any Relevant Third Party.
xii.The General Website Terms shall be subject to English
law and any dispute, claim, matter of construction or interpretation arising out
of or relating to the website, including the General Website Terms, shall be subject
to the exclusive jurisdiction of the English courts.
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