Terms of Use
Please read these terms and conditions ("the Terms") carefully. By entering our
Website, you are deemed to have accepted our conditions of use as set out in the
Terms, including the disclaimers which are set out in paragraph 3 below.
Introduction
1.1 This website, www.E-BusinessEngineers.com ("the Website") is owned and operated
by Smashlogic Inc. ("us," "we"), a C Corporation registered in Massachusetts (EIN 27-1450650).
1.2 From time to time, we may modify these Terms of Use. Accordingly, please continue to
review these Terms whenever accessing or using the Website. If at any time you do
not agree or consent to the Terms, you may not use the Website. Please print off
and retain the Terms for your records.
Use of the Website
2.1 We reserve the right at any time to remove, screen or edit any materials or
content on the Website at our sole discretion without prior notice and without there
being any liability on our part. You further accept that such changes may result
in your being unable to access the Website or part of it. We may have to suspend
the Website from time to time to carry out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything which might interfere with
the proper working of the Website.
2.3 You undertake not to copy, store in any medium (including in any other website),
distribute, transmit, re-transmit, broadcast, modify, or show in public any part
of the Website (save for these Terms) without our prior written permission.
2.4 You agree to use the Website only for lawful purposes, and in a manner that
does not infringe the rights of, or restrict or inhibit the use and enjoyment of
this site by any third party.
2.5 If we invite you to submit any contribution to the Website (including without
limitation any text, graphics, video or audio) you acknowledge that, save as otherwise
agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive,
sublicenseable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, play, and exercise all copyright
and publicity rights with respect to any such work worldwide and/or to incorporate
it in other works in any media now known or later developed for the full term of
any rights that may exist in such content. If you do not wish to grant us such rights
you must not submit your contribution us. By submitting your contribution to this
Website, you warrant that such contribution is:
2.5.1 your own original work and that you have the right to make it available to
us for all the purposes specified above;
2.5.2 not defamatory; and
2.5.3 does not infringe any law.
2.6 You agree to indemnify us against all legal fees, damages and other expenses
that may be incurred by us as a result of your breach of the warranties in clause
2.5. You agree to waive any moral rights in your contribution for the purposes of
its submission to and publication on the Website and the other purposes specified
above.
2.7 If we provide you with a confidential username and password to enable you to
access parts of the Website. You must maintain the confidentiality of your username
and password and must reveal them to no one. You must immediately notify us if you
know or suspect that your username and/or password have been disclosed to any other
person.
Disclaimers
3.1 Unless otherwise specified, the materials on this Website are directed solely
at those who access this Website from the United Kingdom mainland. We make no representation
that anything referred to in the materials on this Website is appropriate for use,
or available, in other locations. Those who choose to access this site from locations
other than the United Kingdom mainland are responsible for compliance with local
laws if and to the extent local laws are applicable.
3.2 Although we make every effort to ensure the details on this Website are correct,
please note we give no guarantee as to, and have no liability in relation to, the
currency, usefulness or accuracy of any of the content of this Website. There may
be occasions when some of the information featured on the Website may contain incomplete
or misleading data, typographical errors, or other inaccuracies. Any errors are
wholly unintentional and we apologize for any inconvenience which this might cause.
You acknowledge that you are responsible for inputting the correct information requested
of you.
3.3 Given the unpredictabilities of technology, we do not warrant (either expressly
or impliedly) that the Website will meet your data processing requirements, that
the function, operation or accessibility of the Website will be uninterrupted or
error-free, that defects will be corrected, or that the Website will be free of
viruses or other harmful elements. As a condition of becoming a user of the Website,
you agree that your access is undertaken at your own risk and in accordance with
the terms of use of the Website applicable from time to time. We shall not be liable
for damages of any kind and howsoever arising, (including but not limited to damage
caused by viruses, worms or trojan horses) related to your use of, or inability
to access or properly use, any part of the Website.
3.4 We shall not be liable to you or to any person for any loss or damage (whether
or not we ought reasonably to have known of or had been advised of the possibility
of the same), whatsoever or howsoever caused (including negligence) except as provided
in clause 3.6 below, arising directly or indirectly in connection with these Terms,
the use of the Website or any of the materials contained in it, or as a result of
withdrawing and/or screening editing or removing any materials or content on the
Website or otherwise, except that which is unlawful to exclude.
3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability
for direct, indirect or consequential loss or damage including but not limited to
loss or damage in respect of the Website, its use, the lack of availability of the
Website or any part of it or its content, loss of or damage to data or in respect
of other equipment or property whether or not the same may be in our care, custody
or control, for loss of profit, business, revenue, goodwill or anticipated savings,
or otherwise.
3.6 We do not exclude liability for death or personal injury arising as a result
of the negligence of us, our employees, agents or authorised representatives.
3.7 You shall indemnify us in respect of all costs (including legal costs on a full
indemnity basis), losses expenses and claims in respect of or in connection with:
3.7.1 any improper use by you of the Website;
3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations;
and
3.7.3 any claim brought against us as a result of or in connection with your actions
or omissions.
3.8 The colours we use, as well as the display and colour capabilities of your particular
computer monitor, will greatly affect what you actually see on the screen. We cannot
be held responsible for the limitations of technology and cannot guarantee that
your monitor's display of any colour, texture, or detail of graphics or visual elements
of the Website will be accurate.
Intellectual Property
4.1 All brand names, product and service names and copyright used in this Website
("the Marks") are Marks of their respective holders. All goodwill associated with
the Marks or with our trade names or marks shall inure solely to the benefit of
their respective holders or with us, and you shall not assert any claim or ownership
to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or our trade names or
marks by any person other than such holders and such use may constitute an infringement
of the holder's rights.
4.3 All designs and content featured on this Website, including navigational buttons
and images, artwork, graphics, photography, text and the like are the copyright
of us or our licensors and any use of materials on this Website without our prior
written consent is strictly prohibited.
Privacy Policy
5.1 We are registered as a data controller with the office of the Data Protection
Commissioner. Our DPA number is PZ8154788. Details of our registration can be found
at the Data Protection Commissioner's Website
www.dataprotection.co.uk .
Hyperlinks
6.1 Certain hypertext links in this Website will lead to websites which are not
under our control. When you activate any of these, you will leave our Website. We
have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation
by us of the content of the linked website referred to. Hyperlinks can become out-of-date
and cease to work or they can direct users to a website page whose contents or use
have been changed by its owner. We accept no responsibility or liabilities for any
losses or penalties that may be incurred or for the accuracy of hyperlinks to third
party websites, or the content of such third party websites.
Force majeure
7.1 If we are unable to perform our obligations to you (or able to perform them
only at unreasonable cost) because of circumstances beyond our control, we may then
cancel or suspend any of our obligations to you, without liability.
7.2 Examples of those circumstances include act of God, accident, explosion, fire,
transport delays, strikes and other industrial disputes.
General
8.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver
of any subsequent breach of the same or any other provision.
8.2 US law is applicable to any contract made under the Terms. The US
courts have exclusive jurisdiction.
8.3 If you are more than one person, each of you has joint and several obligations
under the Terms.
8.4 If any of the Terms are unenforceable as drafted:
9.4.1 it will not affect the enforceability of any other of these terms; and
9.4.2 if it would be enforceable if amended, it will be treated as so amended.
8.5 Any notice which is to be served under the Terms may be served:
9.5.1 by you by leaving it at or by delivering it (by first class post) to our registered
office; and
9.5.2 by us by leaving it at or by delivering it (by first class post) to the last
address you have given us.
All such notices must be signed.
8.6 No contract will create any right enforceable (by virtue of the Contracts (Rights
of Third Parties) Act 1999) by any person who is not as party to these Terms.
8.7 Nothing in these Terms shall create, or be deemed to create, a partnership,
a joint venture, a relationship of principal and agent or a relationship of employer
and employee between the parties.
September 2011