Terms & Conditions
1. Introduction
The Picsel web site, together with all related discussion forums, directories and databases) are offered by Picsel UK Limited (a company registered in Scotland, UK with registered number SC364045) (referred to as "Picsel", "we" or "our") whose registered office is at 292 St Vincent Street, Glasgow, G2 5TQ. The Picsel privacy policy explains how we use the information we collect about you and your use of the web sites constitutes your agreement to these terms and conditions.
2. Services
Picsel provides details on the web sites about its business practices, including details of its partners and licensees, professional services providers, third party software developers, and independent software vendors. The web sites also include details about the ePAGE™ Graphic engine and include authorised access to directories and/or databases, together with details of related products and/or services available to you. The services described in this paragraph are referred to collectively in these terms and conditions as the "Services".
3. Membership and personal use limitation
Access to and use of some of the web sites are available only to members using passwords and usernames allocated to them upon receipt of a completed registration form. For further information about such schemes please send an e-mail to webmaster@picsel.com. You agree to keep secure and not provide or disclose to or share with any third parties any username or password you use to access the web sites, and you will not log into the web sites using a third party's username or password.
4. Content
Picsel makes no representations about the suitability of the content, material or information contained in the pages, documents, downloads and graphics published on the web sites ("Content") for any purpose. All Content is provided on an "as is" basis without warranty of any kind. Picsel hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement. While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies or typographical errors. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions. Changes are regularly made to the Content. Picsel may make improvements and/or changes to the Services and/or the Content at any time without notice. Other than in accordance with these terms and conditions or with the prior written consent of Picsel, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.
5. Your warranty to us
You will not use the web sites for any purpose that is prohibited by these terms and conditions. You warrant that all images, logos or other materials you upload or provide for use on the web sites do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and that you are entitled to upload or provide them for display on the web sites. You warrant that your use of the web sites will be for lawful purposes only and you will indemnify us against all claims, losses, liabilities, costs damages and expenses incurred by us due to any breach by you of these terms and conditions.
6. Limitation of liability
For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of our negligence or the negligence of our affiliates, directors, employees or other representatives. In no event will Picsel be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of Content available from the web sites, or the performance of software, provision of or failure to provide Services.
We have the right without liability to change descriptions and specifications in relation to the Services. We may provide access to a range of goods and services available for you to buy from third parties who are members of the Picsel Community and we accept no responsibility or liability whatsoever for any direct or indirect cost, claim, loss, injury, damage, delay, claim, or other matter arising out of or in connection with any order you place with such third party. Any contract you make for the supply of goods and services will be with the relevant third party supplier and on that third party's terms and conditions. We make no warranty or guarantee in relation to matters for which suppliers or other third parties are responsible including fulfilment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased through such third party web sites. If any problems arise from the supply of goods or services by a supplier, you must take issue with the supplier and not with us. While we will endeavour to ensure that such problems are resolved, we are not responsible for any aspect of the relationship between you and the supplier.
Picsel does not exercise editorial control over communications or materials which may be transmitted to the web sites for inclusion in interactive discussion forums or databases. Picsel takes no responsibility for such communications or materials.
7. Third party links
The web sites contain links to third party web sites, including but not limited to members of the Picsel Community, which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. In the event that any of these terms and conditions conflict with the terms of use or other terms and guidelines contained within a third party web site, then these terms and conditions will prevail.
Picsel makes no representations whatsoever about any third party web site which you may access through the web sites. When you access a third party web site, you agree that it is independent from Picsel, and that Picsel has no control over any content on that web site. In addition, a link to a third party web site does not mean that Picsel endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojans and other items of a destructive nature. In no event will Picsel be liable to any party in respect of any direct, indirect, special or other consequential loss or damage for any use of third party web sites, or any other hypertextlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
You agree to click on the links to and familiarise yourself with the terms of use and other terms and guidelines found throughout the web sites, third party web sites and abide by them if you choose to use the sites, pages or services to which they apply.
8. Access restriction
We reserve the right to deny in our sole discretion any user access to the web sites or any portion thereof without notice.
9. Modification of these terms and conditions
We reserve the right to change these terms and conditions of use at any time without cause, such changes will become effective as soon as they are on the web site and by continuing to use the web site following such changes you will be deemed to have accepted such changes.
10. Intellectual property and copyright
All intellectual property rights and copyright in the web sites, their Content, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the web sites are reserved to Picsel. Other than as set out in paragraph 11 below, in accessing the web sites you agree that you may only download and store one copy of the Content for your own personal, non-commercial use. Other than as set out in paragraph 11 below, you are not permitted to copy, broadcast, sell, lease, download, store (in any medium), transmit, distribute, show or play in public, modify, adapt or change in any way any Content for any other purpose whatsoever.
11. SDK downloads
You may download software development kits from the web sites provided that you agree to the terms of the licensing agreements accompanying the software development kits on the web sites. You may publish one or more of the images contained within the image library on / on your web site provided that:
- (1) you comply with applicable guidelines set out in paragraph 12;
- (2) you do not permit any third party to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt, notify, or change in any way the image;
- (3) you do not use the image in any way which disparages, or is derogatory or damaging to Picsel, its customers or licensors, their products or services, any Content, infringes their intellectual property or any other of their rights, or violates any applicable law;
- (5) you do not display the image in any manner that implies endorsement, sponsorship, or license by Picsel;
- (6) the image appears by itself on a white background, with a reasonable spacing between each side of the image and other elements of your web site. The image may not be used as a part, feature or design element of any other logo; and
- (7) you do not alter the image in any way (including appearance, colour, proportions, size, etc.)
Other than as set out in these terms and conditions, you may only use Content with the prior written consent of Picsel.
12. Trade mark guidelines
Picsel, Picsel Smart Office, Picsel Xplatform, Xplatform, Picsel Powered, ePAGE™, Superbrowser, IFV, Picsel Messenger, all Picsel logos, the ePAGE™ logos and other Picsel related marks or logos (the "Marks") are trademarks or registered trademarks of Picsel UK Ltd. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
You agree not to use as or incorporate the Marks into any trade name, mark or logo. In particular, you agree to not, through use of the Marks represent, any of your products or services as being provided by Picsel.
When using the Marks, you agree to incorporate the following:
- (1) after the first occurrence of each of the Marks, the trade mark symbol (™); and
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(2) in any material in which the Marks appear, the words "Picsel and all Picsel-based marks and logos are trade marks of Picsel Limited". The Marks must not be used in the plural form. Instead, you may pluralise the nouns they describe (for example, "The Picsel-based products", but not "The Picsel's").
The Marks should not be used in the possessive form (for example, "Picsel's OS").
13. General
The Content is only for information purposes. By permitting the use of the web site, we do not hold ourselves out as providing any legal, financial or other advice. We do not make any recommendation or endorsement as to any investment, advisor, any member of the Picsel Community or their services or products, or to any material submitted by any member of the Picsel Community or third parties or linked to the web sites. In addition, we do not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy.
14. Law
All disputes arising out of or relating to the use of the web site will be governed by English law and all parties agree to submit to the exclusive jurisdiction of the English courts.
