These terms and conditions (“Terms”) shall govern your access and use of the websites operated by Clearvision (CM) 2005 Limited and its affiliates (collectively, “Clearvision”), (each a “Website” and collectively the “Websites”), as well as your access and use of related Materials (as defined below) on the Websites.
Each individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website.
Clearvision may update these Terms from time to time without notice to you. Amendments to these Terms will be effective upon publication to the relevant Website and operate as a condition of your continued use of the Website or Materials. You must review Clearvisions Terms whenever you use the Website or Materials. Use of the Website will be subject to the current version of the Terms available on the Website at the time of such use. Clearvision may make improvements and/or changes to the Materials and/or Website (and any prices) on this Website at any time without notice.
Clearvision operates this Website from England, United Kingdom and makes no representation that the Website or Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
2. General Restrictions
All products, goods, software, scripts, and services are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds or images are known as “Content.” Software and Content, together with anything else on the Website, are known as “Materials,”; all Materials on the Website are provided by Clearvision or to Clearvision by the respective manufacturers, authors, developers and vendors of the Materials (the “Third Party Providers”). All Materials are the copyrighted work of Clearvision and/or the Third Party Providers. Except as stated herein or expressly on the Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Clearvision and, if applicable, the Third Party Provider.
Any usage rights for Clearvision products shall be subject to rights and restrictions as detailed within the terms associated with that product.
Nothing on this Website shall be construed as conferring any license under any of Clearvisions or any Third Party Providers intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
3. Unauthorised Use
To use the Website and Materials in a reasonable way that would be expected given the purpose for which it was established
Not to use the Website and Material in any manner whatsoever that may overload or stress the Website
Not to use the Materials contained on the Website in any way that may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes.
Not to use this Website nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.
You agree that any material that you upload or otherwise share on or through the Website is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Clearvision a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Clearvision chooses.
5. Third Party Links & Content
This Website may be linked to other websites which are not under the control of and are not maintained by Clearvision. Clearvision is not responsible for the content of those sites. Clearvision is providing these links to you only for your convenience, and the inclusion of any link to such sites in no way implies endorsement by Clearvision of those sites. You bear all risks associated with your access, or use, of those sites and any third party content, products and services available on or by means of those sites. Clearvision disclaims any liability for any losses or damages whatsoever arising from your access or use of those sites and any third party content.
6. Disclaimer of Warranty
Unless otherwise explicitly stated, the Website and Materials are provided ‘as is’, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Clearvision makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Website or any Software shall be uninterrupted or without delays or errors.
7. Exclusion of Liability
CLEARVISION AND ALL OF CLEARVISION’S AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT YOUR ACCESS OR USE OF THIS WEBSITE OR THE MATERIALS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLEARVISION IN CONNECTION WITH THIS WEBSITE OR THE MATERIALS IS TO CEASE YOUR USE OF THIS WEBSITE.
NOTWITHSTANDING THE ABOVE, CLEARVISIONS AGGREGATE LIABILITY FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY DUTY OR ANY OTHER LEGAL BASIS SHALL NOT EXCEED £15 (FIFTEEN BRITISH POUNDS) AND YOU SHALL HOLD CLEARVISION HARMLESS FOR ALL LOSSES IN EXCESS OF THIS SUM.
9. Applicable Law & Jurisdiction
Any action related to these Terms will be governed by the law of England and Wales. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of England and Wales and shall be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Clearvision may bring a claim for equitable relief in any court with proper jurisdiction.
If any of these terms are found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties and no other terms will be modified.
Clearvisions failure to enforce any of the terms in these Terms is not a waiver of such terms.
12. Entire Agreement
The Terms are the entire agreement between you and Clearvision and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Clearvision about the Website.
The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.