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Introduction
Thank
you for using www.Electrostrata.com ("the Web Site").
The Web Site is provided by Electrostrata Ltd, PO Box 24, Rottingdean,
East Sussex, BN2 8XG, United Kingdom ("Electrostrata").
Electrostrata does not charge you for using this Web Site.
The Web Site
(www.electrostrata.com) is the only authorized Electrostrata public
website and Electrostrata accepts no responsibility for the contents
of any other website which purports to represent Electrostrata
or to provide information on Electrostrata or its products and
services.
This section
of the Web Site sets out the terms and conditions ("the Terms")
under which you may use the Web Site. By accessing the Web Site
you accept and agree, without qualification, to be bound by the
Terms. If you do not accept and agree to, without qualification,
any of the Terms please immediately discontinue your use of this
Web Site. If you have any questions regarding these Terms please
contact webmaster@electrostrata.com. Our Privacy Statement is
set out below.
Electrostrata
may, acting in its sole discretion, modify, revise, amend, replace
or delete any or all of these Terms without first notifying you.
That being so you should visit this section of the Web Site on
a regular basis to review the Terms. You agree now that any use
by you of the Web Site following any modification, revision, amendment,
replacement or deletion of these Terms by Electrostrata will constitute
your agreement to and acceptance of those modified, revised, amended,
replaced or deleted Terms. These Terms were last updated on Friday,
8 February 2002.
Your Use
of the Web Site
Electrostrata
reserves the right, acting in its sole discretion, to amend or
withdraw the Web Site or to amend, suspend or terminate your access
to and use of the Web Site at any time. Electrostrata may exercise
this right without giving to you any notice or warning or reason.
Unless otherwise
stated, the contents of this Web Site ("the Content")
are protected by national and international copyright and other
laws. The copyright subsisting in the Content of this Web Site
is either owned by or licensed to Electrostrata. You may retrieve
and view Content on a computer screen, print individual pages
on paper and store such Content in electronic form on a disk for
your own personal, non-commercial use. Except as set out above
you may not reproduce, modify or in any way exploit (whether commercially
or otherwise) any of the Content. In particular, but without prejudice
to the generality of the restrictions set out in the immediately
preceding sentence you may not: sell or modify any of the Content;
remove or obscure any copyright and/or trade mark notice from
any copies of the Content made by you; redistribute any of the
Content; save any Content onto a server or other storage device
connected to a network; photocopy any content printed by you;
and/or create a database of any Content by downloading and storing
any of the Content.
If you breach
any of these Terms your permission to retrieve and view Content
will automatically terminate and you must immediately destroy
or (as appropriate) delete any copies of the Content you have
made. You must also leave the Web Site and discontinue your access
and use of the Web Site.
Trade Marks
No Warranties
Electrostrata
does not charge you for use of this Web Site. accordingly, Electrostrata
neither makes nor gives any express warranties in respect of the
Web Site and/or the content. In particular, but without prejudice
to the generality of the immediately preceding sentence, the Web
Site and the content are provided on an "as is", "with
all faults" and "as available" basis and Electrostrata
neither makes nor gives any express warranties that the Web Site
will operate in an error free manner or that the Web Site or the
server on which it is sited are free from computer viruses, trojan
horses or other harmful items (including anything which has contaminating
or destructive properties).
to the fullest extent permitted by applicable laws, Electrostrata
disclaims all representations, warranties, conditions or duties
of every nature (including, without limitation, any equitable,
common law or statutory warranties, any implied warranties of
title, fitness for a particular purpose, merchantability, satisfactoriness,
non-infringement of third party or proprietary or intellectual
property rights, any warranties or duties regarding accuracy,
truthfulness, timeliness, reliability, completeness, performance,
lack of negligence or of workmanlike effort) in respect of the
Web Site or the content. accordingly all such representations,
warranties, conditions or duties are excluded to the fullest extent
permitted by applicable laws.
Exclusion
of Damages
Electrostrata
does not charge you for use of this Web Site. to the fullest extent
permitted by applicable laws, you agree that in no event shall
Electrostrata be liable to you or to any third party for any losses
or damages whatsoever (including, without limitation, direct,
indirect, consequential or special losses or damages, damages
for loss of profits or opportunity or data or other intangibles
or for the procurement of substitute goods or services, damages
for loss of privacy, damages for negligence or failure to use
workmanlike effort or punitive damages) arising out of or resulting
from or relating to any of (i) your reliance on, use of or inability
to use the Web Site and/or the content or (ii) the performance
or non-performance of the Web Site or (iii) the content even if
Electrostrata or its suppliers or subsidiary companies have been
advised previously of the possibility of such losses or damages
and whether such losses or damages arise in contract, delict,
tort, for negligence, under statute, at common law or equity or
otherwise.
Sole Remedy
You
use this Web Site at your own risk. If you are dissatisfied with
this Web Site, the Content, these Terms or Electrostrata's Privacy
Statement your sole remedy is to leave and discontinue your use
of this Web Site.
Indemnity
You
hereby agree to defend, hold harmless and indemnify Electrostrata,
its subsidiary companies, their employees, representatives and/or
agents from and against any and all costs, expenses (including
litigation costs and legal fees), damages, suits, actions, judgments
and other proceedings suffered by or incurred by any of them as
a result (whether direct or indirect) of a breach by you of these
terms.
Privacy
Policy
Electrostrata
takes your privacy seriously. For further information, please
review our Privacy Statement. By agreeing to and accepting these
Terms you agree to the use by Electrostrata of information about
you as summarized in our Privacy Statement. The Privacy Statement
does not apply to third party Web Sites linked to this Web Site.
Links
If you
would like to link your Web Site to this Web Site, please contact
webmaster@electrostrata.com. The Web Site may from time to time
contain links to third party Web Sites. Such links are provided
by Electrostrata for your convenience and are not an endorsement
by Electrostrata of such third party Web Sites. Electrostrata
does not accept responsibility for the content of third party
Web Sites, which are linked to this Web Site. You access third
party Web Sites, which are linked to this Web Site at your own
risk.
General
These Terms embody and set forth the entire agreement and understanding
between you and Electrostrata and they supersede all (if any)
prior oral or written agreements, understandings or arrangements
relating to your use of the Web Site. You hereby acknowledge and
agree that in accepting and agreeing to these Terms you are not
relying upon any statement or representation (including a negligent
statement or representation) by Electrostrata, which is not set
out in these Terms. Nothing however in these Terms shall operate
to exclude liability for fraud.
In the event
that any provision of these Terms shall be held to be void or
unenforceable by any court of competent jurisdiction, such determination
shall not affect the remainder of this agreement, which shall
remain in full force and effect and the void or unenforceable
provision shall be enforced to the maximum extent legally permissible.
No failure
or delay on the part of Electrostrata to exercise any right or
remedy under these Terms shall be construed or shall operate as
a waiver thereof; nor shall any single or partial exercise by
Electrostrata of any right or remedy under these Terms preclude
the exercise or further exercise by Electrostrata of any other
right or remedy as the case may be. The rights and remedies provided
in these Terms are cumulative and are not exhaustive of any rights
or remedies by law.
No agency,
partnership, joint venture, employment or franchise agreement
or relationship is intended to be or shall be created by these
Terms.
You may not
transfer, assign or subcontract any of your rights and/or obligations
under this agreement. Any such purported transfer, assignation
or subcontracting by you shall be null and void and of no force
and effect. Electrostrata may freely assign any or all of its
rights and/or obligations under this Agreement.
These
Terms and your use of the Web Site are governed in all respects
by and shall be construed in accordance with United Kingdom Law
and you hereby irrevocably submit to the non-exclusive jurisdiction
of the United Kingdom courts with respect to any matters relating
to these Terms and your use of the Web Site.
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