TERMS OF USE
Effective as of [ ] March 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CREEVX WEB SITE
By accessing creevx.com (the “Site”) you confirm that you are a business user over the age of 18 years and permitted to use the Site and that you agree to be bound by all of the following terms and conditions (the “Terms”).
These Terms govern your access to the Site except where there are separate terms and conditions relevant to particular areas of the Site, which are indicated on the appropriate Site page. If you do not agree to abide by these Terms then you should not use the Site. For avoidance of any doubt references to “Creevx”, “we”, “us”, “our” and “ourselves” are references to Creevx Limited.
creevx.com is a web site operated by Creevx. We are registered in Northen Ireland under company number NI657165 and have our registered office at 19 Fir Grive Kabe, Antrim, Co Antrim, United Kingdom BT41 4PD.
We are a limited company.
To contact us, please email info@creevx.com.
1. BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our Site, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site. We recommend that you print a copy of these Terms for future reference.
2. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
2.1 These Terms of use refer to the following additional terms, which also apply to your use of our Site
2.1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
2.1.2 Our End User Licence Agreement, which sets out the permitted uses and prohibited uses of our software. When using our Site, you must comply with this End User Licence Agreement.
2.1.3 Our Cookie Policy, which sets out information about the cookies on our Site.
2.2 When using our Site, you must comply with all applicable laws, including the laws of your jurisdiction, state laws, federal laws, local laws and laws concerning the transmission of personal and technical data.
3. WE MAY MAKE CHANGES TO THESE TERMS
We may from time to time modify these Terms and will post a copy of the amended Terms on the Site. You will be bound by such updated Terms from the time they are posted on the Site. We would advise you to periodically visit the Site and this web page to ensure that you are up to date with any changes that have been made.
4. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
5. WE MAY SUSPEND OR WITHDRAW OUR SITE
5.1 Our Site is made available free of charge, save for the Creevx software for which a licence fee is applicable (please see the End Use Licence Agreement for terms and conditions applicable to the use of [LOGIN ACCOUNT NAME] account).
5.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. ACCESSING THE SITE
6.1 In order to access certain services or features of our Site, you may be required to create an account, profile or download Creevx software. We may also offer access to certain services and features of the Site to you for a fee. In those situations, or when using other Creevx products and services as part of the Site or otherwise, additional Creevx terms or requirements may apply and those additional terms become part of your agreement with us. In the event of any conflict between such additional terms and these Terms, the additional terms will prevail.
6.2 In the event that any area of the Site requires you to open an account or create a user profile, you agree to provide true, accurate, current and complete details, including a valid email address (“Account Information”). You agree to update your Account Information as necessary to keep it accurate. We will use your Account Information in accordance with our Privacy Policy.
6.3 We may, in our sole discretion:
6.3.1 reject or remove anything you post;
6.3.2 restrict, suspend or terminate your access to any or all of the Site; or
6.3.3 cease to provide and maintain the Site at any time, for any or no reason, with or without prior notice and without any liability to you,
upon doing so we retain or delete any information or content that you provided.
7. KEEPING YOUR ACCOUNT DETAILS SAFE
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7.3 You agree to notify as immediately of any unauthorised use of your licensee name, password or account. We will not be responsible for any losses arising out of an unauthorised use of your account and you agree to indemnify us for any improper, unauthorised or illegal uses of your account.
8. LICENCE TO USE THE SITE
8.1 Creevx grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within our Site as a customer or potential customer of Creevx, provided you comply with these Terms, and all copyright, trademark, and other proprietary notices remains intact. The use authorised under this Terms is non-commercial in nature (e.g. you may not sell the content you access on or through our Site). All other use of this Site is prohibited.
8.2 Except for the limited permission in the preceding paragraph, Creevx does not grant you any express or implied rights or licences under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge that we own or have a licence to all title and copyright in and to the content provided on this Site. All title and intellectual property rights in and to any licensed content provided on the Site is the property of Creevx or the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
9.2 Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation and other related materials (collectively “Software Content”) may be available for download on certain parts of the Site. Creevx or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights.
9.3 Nothing in these Terms grants any right or licence to the Software Content. The Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified licence(s), which may include, but is not limited to Creevx End User Licence Agreement, software development licences and fee/open source software licences (as applicable). Your failure to comply with such terms or any of the terms in our Site will result in automatic termination of any rights granted to you, without prior notice, and you must destroy all copies of downloaded materials in your possession, custody or control
10. HOW YOU MAY USE MATERIAL ON OUR SITE
10.1 You may use this Site for your information and internal business purposes and you may print off one copy, and may download extracts, of any Web page(s) from the Site but only for your internal business use, and provided you keep all copyright and other proprietary notices intact.
10.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.3 Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
10.4 All modification, transmission, hiring, copying or use of the content of this Site for public or commercial purposes (other than internal business use) is prohibited.
10.5 The following are registered trademarks or trademarks of Creevx: Creevx and its design logo, [NAME OF THE LOGIN ACCOUNT] and its design logo, as well as certain other Creevx trademarks, service marks, graphics and logos (collectively “Creevx Trademarks”) used in connection with Creevx provision of products and services. The Site may contain third-party trademarks, service marks, graphics and logos. You are not granted any right or licence with respect to the Creevx Trademarks or the trademarks of any third party.
10.6 If you print off, copy or download any part of our Site in breach of these Terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. RESTRICTIONS
11.1 You agree that you will not:
11.1.1 use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Creevx’s express written permission;
11.1.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the Site;
11.1.3 use the Site in any way that violates these Terms;
11.1.4 impersonate any person or entity or misrepresent your affiliation with any other person or entity;
11.1.5 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information;
11.1.6 attempt to gain unauthorised access to other computer systems through the Site; and
11.1.7 use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
12. DO NOT RELY ON INFORMATION ON THIS SITE
12.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
12.2 From time to time, this Site may contain technical inaccuracies or typographical errors. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
13. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
14. USER-GENERATED CONTENT IS NOT APPROVED BY US
We do not endorse or assume responsibility for user conduct or what users submit to our Site. Nothing in these Terns requires as to monitor the Site or to modify or remove any materials or information. Such information and materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
15. PRIVACY POLICY AND SUBMISSION OF INFORMATION
15.1 Whenever you make use of a feature that allows you to upload content to our Site you must comply with the content standards set out in our End User Policy Agreement.
15.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
15.3 Unless otherwise addressed in these Terms, your use of this Site is subject to our Privacy Policy. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or upload to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. You retain all of your ownership rights in your content, but you agree that we may use the same for any purposes whatsoever, without any compensation being payable by us to you.
15.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
15.5 You are solely responsible for securing and backing up your content.
16. DISCLAIMER
16.1 Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel or otherwise, any licence or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Creevx or any third party. All rights not expressly licensed are reserved.
16.2 The Site is provided to you "as is" with all faults and without warranty of any kind, either expressed or implied. Any use of this Site is at your own risk. To the maximum extent permitted by law, we exclude all warranties, either express or implied (including, but not limited to, implied warranties of satisfactory quality, fitness for purpose, the use of reasonable care and skill, merchantability, non-infringement, or that arising from a course of dealing, usage or trade practice). We make no representations, warranties or guarantees that this Site will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
16.3 Some of the information on our Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Creevx. Such statements are only predictions and actual events or results may differ materially.
16.4 If any term in this Terms is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms.
17. LIABILITY
17.1 Nothing in these Terms operates to restrict our liability for death or personal injury arising as a result of our negligence or for fraudulent misrepresentation.
17.2 In no event we will be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits; business interruption; corruption of files; loss of business information; costs of replacement goods; loss or damage to data arising out of the use or inability to use this Site or any related services or content; damages resulting from use of or reliance on the information on the Site or any other pecuniary loss) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information or advice.
17.3 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of sale.
18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
18.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
18.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
19. RULES ABOUT LINKING TO OUR SITE
19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
19.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.3 You must not establish a link to our Site in any website that is not owned by you.
19.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
19.5 We reserve the right to withdraw linking permission without notice.
19.6 The website in which you are linking must comply in all respects with the content standards set out in these Terms.
19.7 If you wish to link to or make any use of content on our Site other than that set out above, please contact info@creevx.com.
20. INDEMNITY
You will indemnify and keep indemnified Creevx against all losses, costs claims, demands or expenses (whether direct or indirect) arising out of (i) any claim that your operation, possession or use of the Site or any part of it in contradiction of these Terms in any way or any materials or information you submit to us infringes the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site.
21. GENERAL
21.1 You agree that you will comply with all relevant laws applicable to your use of this Site.
21.2 We or our business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
21.3 Links on this Site and other websites that we operate may lead to third party websites. The content, accuracy and function of such websites is outside of our control and we cannot accept any responsibility for those websites, nor do we endorse the content of such third party websites. In particular, any dealings that you have with such third party website operators shall be on the terms and conditions (if any) of that website operator.
21.4 Access to all or any part of the Site may be suspended temporarily and without notice.
21.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term or part of the term shall be deemed deleted. Any modification to or deletion of a term or part of the term under this clause shall not affect the validity and enforceability of the rest of the Terms, the remaining clauses will remain in full force and effect.
21.6 Failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.7 These Terms (and any document referred herewith) set out the entire agreement and understanding between the parties in connection with the use of this Site and shall supersede and replace all other terms and conditions purported to be applied.
These Terms are governed by laws of Northern Ireland and you agree to submit to the exclusive jurisdiction of the courts of Northern Irelandto settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
