Matthew Gream - Home : matthewgream.net
TERMS AND CONDITIONS OF USE
1 December 2002 - Version 20022102

1. DEFINITIONS
2. AGREEMENT ACCEPTANCE, VARIATION AND TERMINATION
3. LICENSE FOR USE, INCLUDING VIEWING, LINKING AND INDEXING
4. INDEMNITY, WARRANTIES AND LIABILITIES
5. PRIVACY POLICY, CONFIDENTIALITY, AND HUMAN RIGHTS
6. LEGAL JURISDICTION AND INTERNATIONAL USE
7. GENERAL PROVISIONS
8. OFFICIAL CORRESPONDENCE

1. DEFINITIONS
1.1. "the/this site": the site on the World Wide Web located at matthewgream.net ("Matthew Gream - Home").
1.2. "the/this content": all information, data, text, software, music, sound, photographs, graphics, messages or other material available within the site.
1.3. "the artifacts": the site and/or the content either in whole or in part, together or by themselves, including any temporary or permanent copies.
1.4. "you/your": you, the user of the artifacts.
1.5. "we/us/our": Matthew Gream, who provides the artifacts.
1.6. "the/these terms": these terms and conditions of use.
1.7. "the/this agreement": is between you and us, and consists of the terms together with any document expressly referred to therein.

2. AGREEMENT ACCEPTANCE, VARIATION AND TERMINATION
2.1. capacity: you represent, warrant and covenant that you have the power and authority to enter into this agreement.
2.2. acceptance: (a) you agree to read the terms carefully before using the artifacts; (b) by using the artifacts, you automatically accept the terms without limitation or qualification; (c) if you do not agree to the terms, do not use the artifacts.
2.3. variation: (a) we reserve the right, at our sole discretion, to revise the terms at any time; (b) we will provide notice on the site to indicate that the terms have changed; (c) if you continue to use the artifacts after we have made notice of changes to the terms, it will mean that you accept the changes.
2.4. termination: (a) either you or us may terminate the agreement with or without cause at any time and effective immediately; (b) you may terminate the agreement by discontinuing use of the artifacts and destroying all copies of the artifacts; (c) we may terminate the agreement immediately without notice if we determine at our sole discretion that you have failed to comply with the terms; (d) upon termination by you, or upon notice of termination by us, you must promptly destroy all copies of the artifacts.
2.5. completeness: these terms (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
2.6. accessibility: (a) we own the copyright in the terms; (b) the terms are always available on the site or from us; (c) you may retain, copy and otherwise use the terms for the purposes maintaining the agreement between you and us; (d) you may not use the terms in any other way, such as for adaptation and use in other circumstances without our prior explicit permission.

3. LICENSE FOR USE, INCLUDING VIEWING, LINKING AND INDEXING
3.1. general principles: subject to the terms, you are granted a non-exclusive, non-transferable, limited right to use the artifacts.
3.2. acknowledgements: you acknowledge that the artifacts have been developed, compiled, prepared, revised, selected and arranged by us and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of us and such others.
3.3. restrictions: you agree to not make any use of the artifacts in any way that (a) would be inconsistent with the terms; (b) would give the false appearance that an entity or its activities or products are associated with us in any way whatsoever, or be such as to damage or dilute the goodwill associated with our name; (c) would cause all or any part of the artifacts to be damaged or impaired in any way.
3.4. conditions: (a) unless otherwise stated, all artifacts are copyrighted, and may not be used except as provided in the terms without our prior explicit permission; (b) you agree to protect the proprietary rights of us and all others having rights in the artifacts during and after the term of this agreement and to comply with all reasonable explicit requests made by us or other parties with vested interest in the artifacts to protect their and others' contractual, statutory and common law rights; (c) you agree to notify us by official correspondence promptly upon becoming aware of any unauthorised access or use of the artifacts by any party or of any claim that the artifacts infringes upon any copyright, trademark or other contractual, statutory or common law rights.
3.5. license to view: subject to the terms, you are granted a license to view the artifacts by making a temporary copy of the artifacts for the exclusive purpose of rendering and viewing for your own personal use.
3.6. license to link: subject to the terms, you are granted a license to link to the artifacts, on the condition that (a) the link "points" to our "home page" at http://matthewgream.net and not to deeper pages; (b) the link, when activated, displays the "home page" in a fully operable and navigable browser window and not within a "frame"; (c) the link "text" identifies us by our name "Matthew Gream - Home" or our hostname "matthewgream.net"; (d) you notify us by official correspondence within 28 days upon the creation or removal of the link.
3.7. license to index: subject to the terms, you are granted a license to index the artifacts, on the condition that (a) the indexes honour the robots exclusion protocol; (b) the indexes use our title, description and other relevant meta fields to provide descriptions; (c) the indexes are available for public or educational, and non-commercial use; (d) the indexes are available for a charge no more than the reasonable costs of indexing; (e) you notify us by official correspondence within 28 days upon the insertion of the artifacts in the index (unless otherwise notified in our server access logs).
3.8. license to distribute: subject to the terms, you are granted a license to make and distribute copies of the artifacts, on the condition that (a) the copies must not be distributed to any other person unless you give them notice of, and they agree to accept, the terms; (b) the copies must retain all copyright and other proprietary notices; (c) the copies must include a statement stating that they were reproduced from matthewgream.net with the permission of matthewgream.net; (d) the copies are distributed only for non-commercial educational purposes; (e) the copies are distributed for a charge no more than the reasonable costs of distribution; (f) you notify us by official correspondence within 28 days of the act of distribution.
3.9. alterations: you agree that (a) we may terminate, change, suspend, discontinue or recall any aspect of the artifacts, at any time; (b) we may impose limits on certain features and services or restrict your access to the artifacts without notice or liability.
3.10. features requiring authorisation: certain aspects of the artifacts require authorisation, and you agree that (a) any access or attempted access the artifacts requiring authorisation without prior explicit authorisation by us is unlawful and could result in civil and/or criminal penalties; (b) we reserve the right to grant authorisation any person or entity, or to revoke such authorisation, at any time without notice.
3.11. intellectual property rights: (a) the artifacts are protected by relevant copyrights, trademarks, international treaties, and/or other proprietary rights and laws; (b) the artifacts are also protected as a collective work or compilation; (c) individual elements, some of which may originate from third-parties, making up the artifacts are also copyrighted works; (d) you agree to abide by all applicable copyright and other laws, as any additional copyright notices or restrictions contained in the artifacts, including those rights owned by third-party works not covered by the terms.
3.12. rights reserved: (a) you acquire no rights or licenses in or to the artifacts other than the limited right to use the artifacts in accordance with the terms; (b) all present and future rights in, and related to, the artifacts, shall be and remain our sole and exclusive property.

4. INDEMNITY, WARRANTIES AND LIABILITIES
4.1. indemnification: to the extent not prohibited by law, you agree that the use of the artifacts, or any reliance upon the artifacts, is at your own risk.
4.2. availability and accuracy: (a) we endeavour to keep the artifacts up to date, however the artifacts are provided "as is"; (b) we reserve the right, at our sole discretion, to make any changes, to the artifacts without notice.
4.3. limitation of warranty: to the extent not prohibited by law, we make no representations or warranties of any kind, express or implied, about the availability, accuracy, reliability, suitability, completeness, quality or timeliness of the artifacts.
4.4. limitation of liability: to the extent not prohibited by law, in no circumstance shall we be liable to you, or any other third parties, for any loss or damage, of any type, arising directly or indirectly from your use or inability to use, the artifacts.
4.5. external sites and content: to the extent not prohibited by law, (a) we make no warranties, nor accept any liability, of any type or form, in relation to any third-party sites or content, over which we have no control; (b) we make no representations or endorsements about any third-party sites or content connected to or from the artifacts.

5. PRIVACY POLICY, CONFIDENTIALITY, AND HUMAN RIGHTS
5.1. general principles: (a) any information that you may provide to us via the site is protected by this privacy policy; (b) we are committed to protecting any personal information that you may provide to us; (c) we use W3C Platform for Privacy Preferences (P3P) to describe privacy attributes, you can use appropriate client side filters.
5.2. information collected: (a) you can visit the site without revealing any personal information; (b) the site collects (i) server access logs which contain domain names, origin of resource requests, details about resource requests, search requests, and more, (ii) email addresses are provided by you at your discretion for notification of changes to the site, (iii) information in feedback is provided by you at your discretion as an inquiry, request for action, or otherwise; (c) we cannot ensure the privacy or authenticity of any information collected by us, or transmitted between you and the site, over the internet, or any other medium between you and the site; (d) we do not employ cookies or any other similar form of client side identification.
5.3. use of collected information: (a) (i) server access log information is collected and aggregated to measure number of visits, average time spent on the site, resources accessed, etc: we use this information to measure the use of the site, and to improve the site, (ii) feedback information is used to respond to your inquiry or to process your request, (iii) subscription information is used to provide you with periodic notifications which have information about how to opt-out; (b) we do not make this information available to any third-party; (c) we will release information about you only if (i) you direct us to do so, (ii) we are required by law, or (iii) in other legally limited circumstances; and in such cases, we will generally attempt to notify you unless we believe that we are prohibited from doing so.
5.4. security of collected information: (a) we employ physical, electronic, and administrative safeguards to the extent possible to protect any collected information from unauthorised or inappropriate access; (b) however, your confidential use of the site cannot be guaranteed by us; (c) we are not responsible for any harm that you or any other person may suffer as the result of a breach of confidentiality with respect to collected information.
5.5. access to collected information: (a) you may review and update the information that you provide to use through the site by contacting us as described below.
5.6. relationships to third-party sites and content: (a) we have not reviewed all third-party sites linked to, or from, the site; (b) we are not responsible for the content, security or privacy practices of any such third-party sites; (c) such third-party sites are for your convenience only and you access them at your own risk; (d) we make no representations or warranties as to the accuracy or functionality of any links to such third-party sites; (e) that there are links between the site and any third-party site does not constitute endorsement by us of (i) the owner of the other site, (ii) the content of the other site, (iii) its products or services.
5.7. statutory considerations: (a) all information is processed in accordance with the Data Protection Act 1998; (b) nothing in this privacy policy is intended to violate your human rights, or your statutory rights; (c) this privacy policy is not intended to, and does not, create any contractual or other legal rights.
5.8. contacting us: (a) if you have any questions about this privacy policy, please contact us by official correspondence; (b) we welcome questions and suggestions about this privacy policy.
5.9. changes to this policy: (a) please check this privacy policy periodically to inform yourself of any changes; (b) we reserve the right to modify or supplement this privacy policy, and we will provide notice on the site of any major changes for a period following the changes.

6. LEGAL JURISDICTION AND INTERNATIONAL USE
6.1. location: the artifacts are located, controlled, operated and administrated by us from within the United Kingdom.
6.2. jurisdiction: (a) the terms shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to conflicts-of-law principles thereof; (b) you agree to submit to the personal jurisdiction of the courts located in the United Kingdom with respect to any legal proceedings arising out of this agreement and waive any objection to the property or convenience of venue in such courts.
6.3. foreign use: (a) we make no representation that the artifacts are appropriate or available for use at locations outside of the United Kingdom; (b) if you access the artifacts from a location outside of the United Kingdom, you are responsible for compliance with any applicable (i) United Kingdom export laws, regulations and restrictions, (ii) foreign and domestic laws.

7. GENERAL PROVISIONS
7.1. limitations: any cause of action you may have with respect to your use of the artifacts must be commenced within twelve (12) months after the claim or cause of action arises.
7.2. no waiver: no waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
7.3. severability: if for any reason a court of competent jurisdiction finds any provision of this agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.

8. OFFICIAL CORRESPONDENCE
8.1. electronic mail: official correspondence must be sent to: [email protected].