Please read these Terms carefully before you access or use the Site. When you access or use the Site, you agree to these Terms and represent and warrant that you are 18 years of age or older.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET ALL OF THESE REQUIREMENTS, DO NOT ACCESS OR USE THE SITE.
2. Access, Use, and Restrictions
You represent, warrant, and covenant that you will access and use the Site only as set forth in these Terms. You will comply with any other applicable terms and conditions of use set forth on the Site or Other Governing Agreement, if applicable.
You acquire absolutely no rights or licenses in or to the Site and materials contained within the Site other than the limited right for you to access and use the Site in accordance with the Terms. You may not access or use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms. Your access and use of the Site is solely for your or your company’s use and benefit. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Site, except as set forth in the Terms or as explicitly specified in the Site.
You may download material from the Site (such material that is intended for download) for your or your company’s use, provided that you reproduce all copyright and other proprietary notices.
You are not authorised to modify or create any derivative from the materials from the Site.
You may not access, monitor, or copy any content or information on the Site using any robot, spider, scraper, web crawler, or other automated means or any similar manual process.
You may not violate the security of this Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
3. Changes to the Site and Terms
Fotech may discontinue providing the Site or terminate the Terms at any time in its sole discretion and may, from time to time, modify the Terms. Any modifications to the Terms will be posted on the Site, so please check this page periodically. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site. The updated Terms will take effect after its posting and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your continued access or use of the Site after any such update constitutes your binding acceptance of such changes.
4. Accessing the Site and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of Fotech’s security procedures, you must treat such information as confidential and not disclose it. Your account is personal to you and you will not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You will notify Fotech immediately of any unauthorised access to or use of your user name or password or any other breach of security. You will sign out from your account at the end of each session.
5. User Content
The Sites may enable you to submit, post, upload, or otherwise make available through the Sites (collectively, “post”) content such as video clips, photographs, public messages, comments, and other content (collectively, “User Content”) that may or may not be viewable by other users. Your user name may be associated with any User Content that you post. You represent and warrant to Fotech that you have all required rights to any User Content you post on or through the Sites.
When you post User Content on or through your access or use of any of the Sites, you grant Fotech a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, publish, and in any way exploit such User Content, in whole or in part, in any format or medium now known or developed in the future, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
6. Intellectual Property
The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of England and Wales and other countries. The Site is also protected as a collective work or compilation under English copyright and other laws and treaties. You will abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.
You acknowledge that the Site has been developed by Fotech and others and constitutes valuable intellectual property of Fotech and such others. You will protect the proprietary rights of Fotech and all others having rights in the Site during and after the term of these Terms. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site will, as between you and Fotech, at all times be and remain the sole and exclusive property of Fotech.
You may not use any of Fotech’s trademarks without the prior written permission of Fotech.
7. Linking and Framing
Without limiting other provisions contained in the Terms, you may include a link(s) on your website to the Site. You may not link to the Site any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any intellectual property, proprietary, privacy, or publicity rights.
If you link to the Site, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that Fotech is endorsing your products or services.
You may not frame the Site in a manner that implies that Fotech is endorsing your products or services or that the Site’s webpages or content are part of your website or that you have a license to use the Site’s webpages or content.
8. Disclaimer of Warranties / Limitation on Liability
YOUR ACCESS OR USE OF THE SITE IS AT YOUR SOLE RISK AND ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FOTECH AND ITS OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS (COLLECTIVELY, “FOTECH” IN THIS SECTION) MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Fotech (a) does not warrant that the Site is compatible with your equipment or that the Site, or e-mail sent by Fotech, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and (b) is not liable for any damage you may suffer as a result of such destructive features. Fotech will have no responsibility or liability for (i) any injury or damages caused by the negligence of Fotech in connection with the Site, or any claim against Fotech, or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your access or use of the Site on such equipment.
The content of other websites, services, goods, or advertisements that may be linked to or from the Site is not maintained or controlled by Fotech. Fotech is therefore not responsible for the availability, content, or accuracy of other websites, services, goods, or advertisements that may be linked to or from the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FOTECH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF FOTECH HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS. ALTHOUGH APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PROVISION WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend, and hold harmless Fotech and its partners, representatives, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your access or use of the Site, or any links on the Site, including, but not limited to: (a) any breach or violation of the Terms by you or someone using your computer, username, or password; (b) your use or use by someone using your computer, username, or password of the Site; (c) a claim that any use of the Site by you or someone using your computer, username, or password infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Site by you or someone using your computer, username, or password; or (e) a claim arising out of or in connection with User Content you post.
You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Fotech reserves the right, at Fotech’s expense, to assume the exclusive defence and control of such disputes, and in any event you will cooperate with Fotech in asserting any available defences.
10. Governing Law
The Terms will be governed and construed in accordance with the laws of England and Wales. For any dispute relating to Fotech’s provision of and your access to or use of the Sites, you and Fotech will submit to the exclusive jurisdiction of England. You further will accept service of process by mail, and hereby waive any and all jurisdictional and venue defences otherwise available.
Comments and Questions
Fotech would like to hear from you concerning any complaints, questions or suggestions regarding the Terms. Please address your inquiries to:
Fotech Solutions Limited
Attn: Commercial Manager
Titan House, Redfields Industrial Park,
Church Crookham, Hampshire
England GU52 0RD
+44 (0) 1252 570 560
Last modified May 22, 2018