Website Terms and Conditions
This website ("Website") is owned and operated by Vakes Limited ("Vakes" or "Vakes Ltd." or "we" or "us"). Vakes is a company, registered in England and Wales at 67 Pavilion way, Sheffield, South Yorkshire S5 6ED; reg N 04688551, email: info (at) vakes.com
Your use of this website will be governed by the terms and conditions set out below.
We reserve the right to change these Terms and Conditions at any time without notice by posting changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.
If you do not agree with these Terms and Conditions, do not use this Website.
1. INTELLECTUAL PROPERTY
Copyright
All Website design, text, graphics and the selection and arrangement of them are either Copyright © 2002-2007 of Vakes Limited or its third party licensors. All rights are reserved.
Trade Marks
All trading names, brand names, products and service names and titles and copyrights used in the Website are trade marks, trade names and service marks or copyrights of their respective holders. No permission is given by us for their use by any person other than such holders and such use may constitute an infringement of the holders' rights.
Restricted Use of Website Content
Permission is granted to electronically copy or print portions of this Website for your own personal, non-commercial use. Any other use of materials on this site without our prior written consent is strictly prohibited. Caching of this website is permitted by an information service provider action in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002. You may not misuse the Website in any way.
2.DISCLAIMER
The Website is for information purposes only and is provided on an "as is" basis. We accept no liability for the accuracy, completeness, currency or truth (save for fraudulent representations) of any of the information contained in the Website or for any reliance placed by any person on such information or for any reliance placed by any person on such information. Nothing contained on the Website shall be deemed to be an offer by us to you or any other person.
Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
Except as stated herein, all warranties, terms and conditions,whether express or implied, statutory or otherwise relating to information and material on this site or sites accessed through this site are excluded to the extent permitted by law. Any applicable warranties will be set out in our terms and conditions for the provision of goods or services. We will not, and our suppliers and licensors will not, be liable whether in contract, tort or otherwise for any loss or damage which:
i. arises other than through our negligence or the negligence of our employees agents or contractors; or
ii. is not a reasonably foreseeable consequence of our negligence; or
iii. is any business loss including loss of revenue or loss of profits or loss of anticipated savings or wasted expense or data being lost or harmed or for any indirect, special or consequential loss or damage of any kind arising from access to or any use of the information and material contained on this site or any site you may access through this site.
We do not restrict or exclude our liability for:
i. personal injury or death directly caused by us or our employees whilst acting in the course of their employment with us or for fraud;
ii. physical damage to your personal property up to £100,000 due to any one event or series of connected events where such damage is due to our negligence or the negligence of our employees, agents or contractors acting in the course of their employment with us;
iii. any of our liabilities which cannot by law be excluded or restricted.
3. LINKS TO THIRD PARTY WEBSITES
Certain links on the Website may lead to other websites or systems or networks which are not under our control. The use of third party websites is entirely at your own risk and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
These Terms and Conditions do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
4. COMMUNICATIONS VIA THE WEBSITE
Where you are given the facility to enter information on to, or communicate via, the Website you agree to use the Website for lawful and civil purposes only and that you will not (nor allow others to):
- post or transit any material which is offensive, racist, abusive, indecent, defamatory, obscene or menacing;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any one or any entity;
- post or transmit any statements which are intentionally false or misleading;
- post or transmit any material which you do not have the right to transmit; or
- post or transmit any advertising, promotional materials or other forms of solicitation.
You agree to fully and effectively indemnify us and keep us fully and effectively indemnified from and against all costs, claims, liability, expenses (including legal expenses), damages and losses incurred by us as a result of a breach by you of the provisions contained in this clause 4, whether arising under tort, statute or otherwise.
5. THIS WEBSITE IS A SEARCHABLE CACHE OF PUBLICLY AVAILABLE INFORMATION
Pursuant to The Electronic Commerce (EC) Regulations 2002, as applicable in UK, this website is an information society service provider. This website may act as a cache, and a search device of information located in a number of publicly available computer networks.
The information collected by our search devices on publicly available computer networks is temporarily cached as it is required for providing information search services. The caching is automatic, intermediate and temporary for the sole purpose of providing a more efficient service. The search results provided by this website do not contain any information about location of referred internet resources. The search results only contain information about the internet resources such as name and size. This information shall be considered only as a report of a fact such as "our system has recently observed presence of a file(s) with given parameters somewhere on the Internet".
6. INFORMATION REMOVAL POLICY
Any electronic devices operated by Vakes Ltd do not contain (and have never contained in the past while controlled by Vakes Ltd.) any materials which can even potentially be protected by copyright and not licensed for use by Vakes Ltd either implicitly or by "fair dealing" rules. Our databases or websites do not contain any materials or links pointing to a location of any materials which could, even potentially, be protected by copyright and not licensed for use by Vakes Ltd either implicitly or by fair use rules. Our websites and databases may contain information about internet resources which were seen by our search devices in publicly available computer networks operated by independent third parties. Information contained in our database and made available to the public by Vakes Ltd. is limited to 32 symbol hash identificator of a file, name(s) assigned to this file by third parties, size and a number of other less important descriptive parameters which may be assigned to a file depending on it's format. This information is provided as observed on independently operated public computer networks without modifications of the information by us.
We do not monitor information which is indexed and stored by our search systems.
It is our policy to act expeditiously to remove or to disable access to the information stored on our servers upon obtaining actual notice of the fact that the information at the initial source of the transmission has been removed from the network or access to it has been disabled or that a court or an administrative authority has ordered such removal or disablement.
Such notice must include the full name and address of the sender of the notice; details of the location of the information in question; details of the unlawful nature of the activity of information in question.
On receipt of a valid information removal request our designated copyright agent will arrange for suppression of public access to corresponding records from our databases via websites controlled and operated by Vakes Ltd. as soon as practical. Removal of public access to such information most likely will have no effect on presence of relevant files on computer networks and electronic devices controlled by third parties.
While we are not subject of US Laws, 17 U.S.C. Sec. 512 (b) is directly applicable to activities undertaken by this website and related computer systems controlled by us. Therefore, we voluntary comply with requirements of 17 U.S.C. Sec. 512 (b)(2)(E) and meet all the relevant conditions in 17 U.S.C. Sec. 512(b) which is substantially similar to Electronic Commerce (EC) Regulations 2002, 18.
To submit a request for disabling public access to specific materials referred to by our website you must provide us as described in 17 U.S.C. Sec. 512 (b)(2)(E) with:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
j. A statement confirming that the material in question has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled. This statement will be accepted only once it is successfully verified by us. Because our systems cache information available from potentially large number of independent computer systems and networks as relevant to this clause we accept as sufficient a court order that the material be removed from any single specific originating site or that access to the material on any single specific originating site be disabled. 17 U.S.C. Sec. 512 (b)(2)(E)
As with all legal notices any legal notice you send us may be (and will be) provided to various third parties such as chillingeffects.org. These third parties may make the content of your legal notice available to public. Often illiterate, incorrect, or frivolous legal notices are subjected to ridiculing by members of public.
7. PRIVACY POLICY
We do not use computer "cookies" on this website. Third parties may be allowed to include fragments of HTML and/or JavaScript code in our webpages and such fragments of code may employ computer "cookies". Usage of such techniques is governed by privacy policies of corresponding third parties.
We do not collect or store personal information about our visitors.
We do not store DNS, webserver, or search logs, except for short periods of time as it may be required by technical reasons and for troubleshooting of our systems.
8. CHANGES TO WEBSITE
We reserve the right in our sole discretion to change the content of the Website from time to time.
9. ENTIRE AGREEMENT
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made electronically or orally) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
10. SEVERANCE
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
11. LAW AND JURISDICTION
These Terms and Conditions will be governed by the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the Courts of England and Wales.