INTELLECTUAL PROPERTY PROTECTION
The information displayed on the Site, including without limitation, text, artwork, graphics, logos, video clips, data, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations, is the property of the Organisation.
Such content is protected by British and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Site to prepare any collection, compilation, database, or directory is strictly prohibited.
The names and logos for the Organisation and www.siegus.com, and any other Organisation graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of the Organisation. The Organisation’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Organisation. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Organisation or any Organisation affiliates without the Organisation’s express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER THE ORGANISATION NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR SHALL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.
LICENSE GRANT AND RESTRICTIONS
The Organisation hereby grants You a limited, non-exclusive, and revocable right to access and use the Site to (i) utilise the features, content and tools that the Organisation makes available to You through the Site or otherwise and (ii) receive information relating to the Services. You shall use the Site, and any Organisation content solely for Your personal use, and for no other purpose whatsoever without the express written consent of the Organisation. You shall not broadcast, copy, create derivative works from, display, distribute, license, modify, perform, publish, reproduce, or sell any of the Organisation's content on the Site, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Site, and such use is prohibited. You are also prohibited from creating any derivative works from the Site, or downloading or copying of any account information for the benefit of another person or entity other than contemplated in these Terms of Service. The Organisation reserves the right to suspend or deny, in its sole discretion, Your access to the Site, without notice to You.
ANY RIGHTS IN THE SITE NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS OF SERVICE ARE RESERVED TO THE ORGANISATION.
GDPR
The Organisation respects your right to privacy and understands that visitors want to be in control of their personal information. Accordingly, the Organisation has developed a Confidentiality and Privacy Guideline (siegus.com/confidentiality-gdpr-and-privacy), that guides your use of the Site and your User account. Your personal information may be disclosed, stored or used in accordance with our guidelines, and your use of the Site constitutes your consent to the terms set forth in the Notice. If you disagree with any aspect of the Notice, cease your usage of the Site.
BREACH OF USAGE
This Agreement is effective starting on the date you use the Site for the first time and continues until terminated in accordance with this Agreement. You understand and agree that the Organisation, in its sole discretion, may terminate your right to use the Site, direct You to cease using the Site, and discontinue or restrict your access to the Site, all without notice to You and for any reason. You agree that the Organisation shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, or any parts thereof.
While the Organisation may restrict your use of the Site for any reason or for no reason at all, we will suspend, disable, or delete your account if the Organisation determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage the Organisation’s reputation or goodwill. If your account is deactivated due to your misconduct, you shall not reregister to use the Site under a different name or different email address.
Upon termination of this Agreement, all licenses granted by the Organisation to You shall also terminate. In the event of account deletion on any grounds, whether on your behalf or ours, content that You submitted may no longer be available. The Organisation is not responsible for the loss of such content.
LIMITATION OF LIABILITY
You specifically agree that _SIEGUS® is not liable for any of your conduct while using the Site. _SIEGUS® is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Site, including any injury or damage to your or any other person’s computer related to or resulting from use of the Site.
In no event shall _SIEGUS® be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Site, any _SIEGUS® content, any information accessible on the Site, from any messages received through the Site, or resulting from unauthorised access to or alteration of circulations or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if _SIEGUS® has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Site, or to interpret or enforce the Terms of Service within one (1) month of receiving the Terms of Service or be forever barred.
_SIEGUS® is not responsible for the conduct of any user. In no event shall _SIEGUS®, its affiliates, its employees, its partners or its subsidiaries be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Site and _SIEGUS® goods, products and/or services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE SITE, AND ANY _SIEGUS® CONTENT, IS AT YOUR SOLE RISK.
THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. _SIEGUS® HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.
_SIEGUS® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
_SIEGUS® DOES NOT MAKE ANY WARRANTY THAT THE ORGANISATION'S CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY CONTENT PROVIDED TO YOU, THE ORGANISATION DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT PROVIDED ON OR THROUGH THE SITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON.
_SIEGUS® DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE OR SITE, INCLUDING ANY ADVERTISER’S SITE OR SITE. _SIEGUS® DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE SITE AND OTHER USERS OF THE SITE. INFORMATION OBTAINED BY YOU FROM THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of five (5) days after the date, and no warranties shall apply after such period.
INDEMNIFICATION
You agree to indemnify, defend, and hold the Organisation, its subsidiaries, affiliates, officers, agents, partners and employees, protected from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you provide to the Organisation, and the violation of any law or regulation by You. The Organisation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.
COPYRIGHT
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, notify our Copyright Agent at the following e-mail address: info@siegus.com.
To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:
1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Organisation reserves the right to terminate the accounts of repeat infringers.
USE OF INFORMATION
You agree that the Organisation may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
a. Comply with legal process;
b. Enforce these Terms of Service;
c. Respond to claims that any Content violates the rights of third parties;
d. Respond to your requests for customer service;
Allow you to use the Service in the future;
or
Protect the rights, property or personal safety of the Organisation or any other person or entity.
MISCELLANEOUS PROVISIONS
A. You acknowledge that the Content contained in the Site is controlled in and originates from the United Kingdom. The Organisation does not make any representation that any of the Content is appropriate or available for use in other locations.
Any claim relating to the use of the Site and any Content displayed thereon, shall be governed by the internal substantive laws of the United Kingdom of Great Britain and Northern Ireland, without regard to its conflicts of laws rules. You expressly consent to the personal and exclusive jurisdiction of the courts located in, or having jurisdiction over, the United Kingdom for any such claim. You further agree that in the event the Organisations prevails in any litigation or arbitration proceeding to interpret or enforce a party’s rights under these Terms of Service, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award the Organisation its reasonable attorneys’ fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
B. This Agreement shall bind and inure to the benefit of the Organisation’s guarantor(s) and licensee(s). The Organisation shall have the right to assign or otherwise switch its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of the Organisation’s assets, or operation of law without your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
C. The failure of the Organisation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
D. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
E. These Terms of Service, and your consent thereto as demonstrated by your use of the Site, constitute the entire agreement between You and the Organisation relating to the subject matter of this Agreement.
F. The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.
G. Some information provided on the Site is mirrored information from publicly available sites or information that was obtained by the Organisation and/or the Site. If the respective information on the Site belongs to you and you have any complaints about the use of either your intellectual property or personal contact information, kindly contact info@siegus.com immediately.
SIEGUS®