THESE
TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE (“Site”).
BY ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE
TERMS OF USE. PLEASE READ THEM CAREFULLY. These Terms
and Conditions of Use (“Terms and Conditions”)
explain the contractual agreement between you and us regarding
your use of the Site and any activities and transactions
you may conduct through the Site. In these Terms and Conditions,
the words “you” and “your” refer
to any person accessing data via the Site, and the words
“we”, “us” and “our”
refer to www.nangall.com.
1.
Scope; Changes
These Terms of Use represent the entire Agreement between
nangall.com, (“we”, “our” and
“us”) and you, superseding prior agreements
concerning the same subject matter. WE MAY CHANGE THESE
TERMS OF USE AY ANY TIME. WE URGE YOU TO REVIEW THESE
TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING
THE SITE AFTER A CHANGE TO THESE TERMS OF USE, YOU WILL
HAVE ACCEPTED THE CHANGES.
2.
Personal Information; Privacy
See our Privacy Policy for our policy regarding the collection
and use of personal information. You agree that we may
collect and use the visitor information described in our
Privacy Policy on the terms and conditions provided in
our Privacy Policy.
3.
Ownership
All materials on this Site, including but not limited
to audio, images, software, text and video clips (collectively
referred to as the “Content”) are protected
by copyright laws and international conventions. You cannot
use the Content, except as specified herein. You agree
to follow all instructions on this Site limiting the way
you may use the Content. There are a number of propriety
logos, service marks and trademarks found on this Site
belonging to nangall.com or other corporations. By making
them available on this Site, nangall.com is not granting
you any license to utilize those proprietary logos, service
marks, or trademarks. Any unauthorized use of the Content
may violate copyright laws, trademark laws, the laws of
privacy and publicity, and civil and criminal statutes.
4.
Conduct
You may not use the Site:
5.
Limited License
This Site is provided by nangall.com and may be used for
informational purpose only. By using this Site or downloading
materials from this Site, you agree to abide by the terms
and conditions set forth in this Agreement. If you do
not agree to abide by these terms and conditions, do not
use this Site or download materials from this Site. Subject
to your continued compliance with the terms and conditions
set forth in this Agreement, nangall.com grants you, a
non-exclusive, non-transferable, limited right to access,
use, display and listen to this Site and the information,
images, sounds and text thereon. You agree not to interrupt
or attempt to interrupt the operation of the Site in any
way.
You
may download one copy only of the Content to be used only
by you for your non-commercial personal use unless the
site you are accessing states that you may not. If you
download any Content, you may not remove any copyright
or trademark notices or other notices that go with it.
You agree not to distribute or reproduce any of the Content
downloaded by you.
6.
Rights to User’s Material
If you send any communications or materials to the Site
by electronic mail or otherwise, including any comments,
data, questions, suggestions or the like, all such communications
are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any
other right, including the right to approve the way nangall.com
uses such material.
Any
material submitted to this Site may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted,
published, sold, transmitted, or used by nangall.com anywhere
in the world, in any medium, forever. Furthermore, nangall.com
is free to use, without any compensation to you, any concepts,
ideas, know-how or techniques contained in any communication
you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing
products using such information. However, you agree and
understand that nangall.com is not obligated to use any
such ideas or materials and you have no rights to compel
such use.
7.
NO WARRANTY
YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR OWN RISK.
THE SITE IS PROVIDED “AS-IS”, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS FOR
A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY,
ITS PERFORMANCE, ITS NONINFRINGEMENT OF THIRD PARTY RIGHTS,
ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR
THE RESULTS OBTAINED BY USING THE SITE. WE DO NOT WARRANT
THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER
PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET
OR ANY OTHER SERVICE THROUGH THE SITE.
8.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY THIRD PARTY
CLAIM OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING WIHTOUT LIMITATION, ANY LOST
PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE
OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR
ATTENTION. YOU AGREE THAT YOUR SOLE REMEDY AGAINST US
FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO £500. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLPY
TO YOU. IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED
IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE
LAW.
9.
Indemnification
You agree to indemnify, defend and hold nangall.com and
all of its agents, directors, employees, information providers,
licensors and licensees, officers and parent, (collectively,
“Indemnified Parties”) harmless from and against
an and all liability and costs (including, without limitation,
attorney’s fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of any
breach by you of these Terms and Conditions of Use or
the foregoing representations, warranties and covenants.
You will cooperate as fully as reasonably required in
nangall.com’s defense of any claim. Nangall.com
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in
any event settle any matter without the written consent
of nangall.com.
10.
Governing Law; Jurisdiction
These Terms and Conditions shall be governed by and construed
in accordance with the laws of England, and both parties
submit to the non-exclusive jurisdiction of the English
courts.
11.
Severability; No Waiver
If any provision of these Terms of Use, or their application
to any person, place, or circumstance, is held by a court
of competent jurisdiction to be invalid, unenforceable
or void, the remainder of these Terms of Use and such
provisions as applied to other persons, places and circumstances
shall remain in full force and effect. Neither our failure
nor our delay in exercising, enforcing or taking action
against you with respect to any of our rights or powers
shall operate as a waiver of such powers or rights. No
single or partial exercise by use of any of our powers
or rights will preclude us from exercising such powers
and rights in the future or form exercising other powers
and rights.
12.
Copy of Terms of Use
A copy of these Terms of Use may be printed by using your
browser’s Print function.
13.
Contact Information
Comments and questions regarding these Terms of Use should
be directed to info@nangall.co.uk.
Last
updated: 12th August 2004