Terms of Use

Last Updated: 9th August 2010

IMPORTANT. PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE USING THIS WEBSITE ("Website"), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The term "We" or "Us" refers to Snailwhale LLP, the owner of the Website "deploycms.com", whose registered office is:

Holy Oak Farm, Upton Snodsbury, Worcs. (UK) WR7 4NH.

Snailwhale LLP is a Limited Liability Partnership between Getme Web Solutions Limited (Reg. UK 6948786) & Seventeen Zero Three Limited (Reg. UK 7332408).

Our company registration number is OC357063, the company was registered in England & Wales. Our company VAT number is TBC.

"DeployCMS" is a trademark and trading name of Snailwhale LLP.

Terms

The term "You" refers to the user or viewer of our website.

The term "Service" refers to the DeployCMS online subscription service.

the term "Content" refers to the information contained on the Website.

The use of this Website is subject to the following terms of use, IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE OR ASSOCIATED SERVICES.

Contents

  1. Changes to the Website & Terms of Use
  2. Intellectual Property
  3. Links to Other Websites
  4. Acceptable Use Policy (AUP)
  5. User Accounts, End User License Agreements & Subscriptions
  6. Software
  7. Copyrights and Copyright Agents
  8. Third Party Content
  9. Disclaimer
  10. Limitation of Liability
  11. Indemnity
  12. Governing Law
  13. Termination
  14. Privacy

1. Changes to the Website & Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Website and associated Services constitutes your acceptance of the new Terms of Use.

2. Intellectual Property

The past, present and future Content of the Website, including without limitation, graphics, text, audio, videos, trademarks, logos, domain names, trade names and source code (collectively, "Content") are the property of Snailwhale LLP, it's subsidiaries, affiliates, or its licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Snailwhale LLP, no rights (either expressed or implied) in or to the Content are granted to you.

The Website may contain hyperlinks to other website ("Other Sites"). f you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Website. Snailwhale LLP is not responsible for, the content, information, services, products or advertisements presented by any Other Site which is used at solely your own risk.

Snailwhale LLP may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. Snailwhale LLP does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Snailwhale LLP of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. Snailwhale LLP accepts no responsibility for the content or conduct of Other Sites.

4. Acceptable Use Policy (AUP)

Use of the Website and the Service are subject to the following terms of 'acceptable use'.

  1. You may not use the Service to:

    1. Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:

      1. any content that is unlawful, threatening or tortious;
      2. any content that is abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts;
      3. any content, software, information or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity,confidential information or any other proprietary right. The onus is on You the customer to prove that You own the rights to publish material, not for Snailwhale LLP's to prove that You do not;
      4. any software that contains a 'Virus', 'Trojan horse', 'Spyware', 'Adware' or 'Malware'. The definitions of such items will be at Snailwhale LLP's sole discretion
      5. any advertising that relates to 'pyramid schemes' or 'requests for money' or fraudulent activity.
      6. any content that is otherwise objectionable in Snailwhale LLP's sole discretion
    2. Use or attempt to use another's information, account, password, service or system except as expressly permitted.
    3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
    5. Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
    6. Participate in any file-sharing/peer-to-peer activities;
    7. Run Python source code that has not be deemed approved by Snailwhale LLP; except where you are given express permission to do so;
    8. Transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)
    9. Act as an application server. Using the server to generate large volumes of email from a database or using the server to process large volumes of information are an examples of activity that is not allowed. Scripts/Code should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
    10. Provide proxy Services, anonymous or otherwise.
  2. Websites running on the Service are subject to the following 'Fair usage':
    1. Websites may not excessively use amounts of server resources. These include bandwidth, processor utilization, disk space and/or memory.

If any provision of this Acceptable Use Policy or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

5. User Accounts & End User License Agreements

  1. Snailwhale LLP reserves the right to suspend or cancel a customer's access to any or all Services provided by Snailwhale LLP, where Snailwhale LLP decides that the account has been inappropriately used. Snailwhale LLP reserves the right to refuse Services and/or access to its servers or Website to anyone
  2. Registration may be required for the use of certain Services and portions of the Website, if you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information.
  3. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
  4. You may be able to purchase a subscription for certain additional features of the Website and Services. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Snailwhale LLP. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due immediately upon demand by Snailwhale LLP.

6. Software

Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of Snailwhale LLP or its licensors or suppliers. Any such "Software" shall be considered a "Service" as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement and Section 5 above to determine the full extent of the terms and conditions governing the use of such Software.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR F URTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

7. Copyrights and Copyright Agents

Snailwhale LLP aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Service or related Service in a way that constitutes copyright infringement of your intellectual property, please contact us with the following information:

  1. your full name, email address, postal address and telephone number on which you can be contacted;
  2. a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
  3. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
  4. identification of the material that is claimed to be infringing or to be the subject of infringing activity. A URL/Hyperlink, a screenshot is an example of such.
  5. a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

You can contact us regarding copyright infringements here: complaints@deploycms.com

8. Third Party Content

Third parties provide some of the Content and information used on the Website and the Service. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. Snailwhale LLP makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.

In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos or other content, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Snailwhale LLP will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website.

9. Disclaimer

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SNAILWHALE LLP AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND EITHER EXPRESS OR IMPLIED ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND THE SOFTWARE PROVIDED THROUGH THE SERVICE AND WEBSITE; (C) THE CONTENT AND INFORMATION SENT FROM OR THROUGH THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR SERVICE OR LINKED WEBSITE. SNAILWHALE LLP DOES NOT WARRANT THAT THE WEBSITE OR SERVICE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OR COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

SNAILWHALE LLP DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SNAILWHALE LLP SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE OR SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, SNAILWHALE LLP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

SNAILWHALE LLP, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

10. Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT SNAILWHALE LLP FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL SNAILWHALE LLP, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "SNAILWHALE LLP ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICE OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SNAILWHALE LLP OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE SNAILWHALE LLP ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES SNAILWHALE LLP'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS OF USE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF USE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE SNAILWHALE LLP ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS THE SERVICE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE OR THE CONTENT.

11. Indemnity

You agree to indemnify, hold harmless, and keep Snailwhale LLP, its parents, subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms of Use, including, without limitation: (a) your use of the Service; (b) your violation of these Terms of Use or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of Your Upload Information or any other content or materials on or through the Service. You will cooperate as fully and reasonably as required by Snailwhale LLP in the defence of any claim. Notwithstanding the foregoing, Snailwhale LLP retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Snailwhale LLP herein under the terms and provisions of this Section and in no event shall you settle any such claim without Snailwhale LLP prior written approval.

12. Governing Law

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of England & Wales.

13. Termination

You understand and agree that Snailwhale LLP will determine your compliance with these Terms of Use in its sole discretion. Snailwhale LLP reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Where necessary, any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account, all data contained within it will be destroyed.

14. Privacy

Account data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.