PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions apply as between Acritas and Users and as between Acritas and Subscribing Organizations. A User’s agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon the User’s first use of the Website. If a User does not agree to be bound by these Terms and Conditions, the User should stop using the Website immediately. These Terms and Conditions are incorporated into a Subscribing Organization’s Subscription Agreement. A Subscribing Organization’s agreement to comply with and be bound by these Terms and Conditions is deemed to occur on the date of its Subscription Agreement.
1. Definitions and Interpretation
In this agreement the following terms shall have the following meaning:
|“Account”||the credentials, including but not limited to email address and password, that are used by a Registered User to access Paid Content;|
|“Acritas”||Acritas Research Limited having registered company number 04587274 and its Registered Offices at 5-6 Benton Terrace, Newcastle upon Tyne, NE2 1QU.|
|“Content”||any text, graphics, logos, icons, images, sound clips, video clips, software, data compilations, page layout, underlying code, software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Free Content”||Content that is accessible to all users of the Website;|
|"Intellectual Property Rights”||all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;|
|“Marks”||any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans whether or not registered;|
|“Output”||any output including, without limitation, any research reports, presentations and any emails produced by, or exported from, the Service;|
|“Paid Content”||Content that is accessible only to Registered Users;|
|“Registered User”||any User with an Account;|
|“Service”||collectively any online facilities, tools, services or information that Acritas makes available through the Website either now or in the future;|
|“Subscribing Organization”||an Organization that has entered into a Subscription Agreement;|
|“Subscribing Organization's Marks”||any Mark of a Subscribing Organization;|
|“Subscription Agreement”||an Agreement that has been properly executed by both Acritas and a Subscribing Organization and which may specify, without limitation, the Subscribing Organization, the term, the subscription fee, and/or any other terms agreed between the parties;|
|“User”||any party that accesses the Website. For the avoidance of doubt User includes, without limitation, any Registered User;|
|“Website”||the website www.acritas.com|
2. Intellectual Property
Users and Subscribing Organizations acknowledge and agree that Acritas and/or its licensors own all Intellectual Property Rights in the Service, the Website, the Content, Acritas’s Marks and any Outputs. Except as expressly stated herein, this agreement does not grant any User or any Subscribing Organization any Intellectual Property Rights or any other rights or licences in respect of the Service, the Website, the Content, Acritas's Marks and any Output.
3. Use of Free Content
A User may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for any purpose unless either:
3.1 otherwise indicated on the Website; or
3.2 directly given express written permission to do so by Acritas.
In particular, without limitation, a User may not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, or for creating any aggregated data derived from the Free Content, unless given express written permission to do so by Acritas.
4. Links to Other Web Sites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Acritas. Acritas assumes no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them and Acritas makes no representation about such sites, any materials found there or any results obtained from using such site.
5.1 A Subscription Agreement entitles a Subscribing Organization to set up, have set up, delete or have deleted, an Account for one [or more] Registered Users.
5.2 A Subscribing Organization is responsible for ensuring that their Registered Users comply with these Terms and Conditions.
5.3 The Subscribing Organization will keep confidential the Subscription Agreement.
6. Use of Paid Content
6.1 Until termination howsoever caused a Registered User is granted a non-exclusive, royalty free, licence to access and use the Paid Content.
6.2 Without limitation, a User may not print, reproduce, copy, distribute, store or in any other fashion re-use Paid Content from the Website for any purpose other for the purpose set out in the Subscription Agreement.
7.1 Sharing of Accounts is not permitted unless expressly authorized in writing by Acritas. Registered Users are required to keep their Account details confidential.
7.2 If a Registered User knows or suspects that anyone other than them knows their user identification code or password, they must promptly notify Acritas at firstname.lastname@example.org.
8. Termination of Accounts
8.1 Registered Users may terminate their Account at any time.
8.2 Acritas may terminate an Account if requested to do so by the Subscribing Organization.
8.3 Acritas may terminate an Account if either the associated Subscription Agreement is terminated or the associated Registered User is in breach of these Terms and conditions.
8.4 Upon termination of an Account a Registered User will cease to have access to Paid Content.
10. Availability of the Web Site
10.1 The Service is provided “as is” and on an “as available” basis. Acritas gives no warranty that the Service will be free of defects and / or faults. Acritas accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.2 Acritas may suspend, withdraw, discontinue or change all or any part of the Website without notice.
11.1 Acritas do not guarantee that the Website site will be secure or free from bugs or viruses.
11.2 The User is responsible for configuring its information technology, computer programs and platform in order to access the Website. The User should use its own virus protection software.
11.3 The User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
12. Limitation of Liability
Acritas’s liability to a Subscribing Organization is set out in the Subscription Agreement. Users should be aware that they use the Website at their own risk.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Updating Terms and Conditions
Acritas reserves the right to update these terms and conditions from time to time and without notice. If Acritas does so the updated terms and conditions will take effect immediately and their agreement to comply with and be bound by the updated terms and conditions will be deemed to occur their first use of the Website after the update. In the event of any conflict between the updated Terms and Conditions and any prior versions thereof, the provisions of the updated Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third party rights
These Terms and Conditions are made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
All notices/communications shall be given to Acritas either by post to Acritas’s Registered Offices or by email email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17. Law and Jurisdiction
These Terms and Conditions and the relationship between Acritas and a Subscribing Organization or User shall be governed by and construed in accordance with the Law of England and Wales, Acritas, Subscribing Organizations and Users agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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Updated on August 18, 2014