www.se-cure.com (“Se-cure.com”) Website Terms and Conditions of Use (“Terms”)
1. Your acceptance
(a) These are the terms on which Se-cure.com permits users to access and use the website www.se-cure.com (“Website”) including using the services made available through the Website such as viewing products, communicating with Se-cure.com and participating in Se-cure.com forums and programs (“Services”). By using, browsing or accessing any part of the Website or the Services you agree to be bound by these Terms.
(b) Se-cure.com may, from time to time, review and update these Terms to take account of new laws and technology. Your use of the Website or the Services will be governed by the most recent Terms, posted on the Website.
2. Changes to the Website and Services
The Website and the Services are subject to change at any time without notice and may contain errors.
3. Your Account and Password
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password and Review is not responsible for and accepts no liability in relation to its disclosure or loss.
(b) You are not permitted to link to or frame the Website without Se-cure.com’s express written permission.
5. Access and communication
(a) Se-cure.com does not warrant that you will have continuous access to the Website. Se-cure.com will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supplies.
(b) Se-cure.com does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic email) is vulnerable to interception by their parties and Se-cure.com does not guarantee the security or confidentiality of these communications or the security of the Website.
(c) Although reasonable efforts are made by Se-cure.com to ensure the integrity of the Website by using virus checking software, Se-cure.com cannot guarantee the safety of computer systems of users of the Website. Se-cure.com does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website. You acknowledge that you enter and use the Website at your own risk.
7. Intellectual Property
(a) Except in relation to Submitted Material (defined below), all intellectual property rights, including copyright and patents, in the Website, the Services and all components of it are owned or licensed by Se-cure.com. You must not copy, modify or transmit any of the Services.
(b) The Website contains trade marks, logos, service names and trade names of Se-cure.com or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.
8. Website Licence
Se-cure.com grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website.
9. User Content Submissions
(a) The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Review from time to time.
(b) Se-cure.com is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, and excludes all liability for any reliance or decisions made based on such information. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
(c) Se-cure.com does not and cannot review all communications and materials posted to or created by users accessing the Website and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Review’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
10. Se-cure.com License to use Submitted Material
(a) By uploading material to any Forum or otherwise submitting any material through the Website (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) Se-cure.com a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable license to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Review for purposes including (without limitation) marketing, research and development of goods and services.
(b) To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Review, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
(c) You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
(d) Se-cure.com reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v) offensive or otherwise unacceptable to Review.
11. Prohibited Uses
In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
Se-cure.com may at any time immediately terminate your membership or your access to the Website at any time in its sole discretion and without prior notice.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) TO THE FULL EXTENT PERMITTED BY LAW, Se-cure.com EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS CONCERNING AVAILABILITY OF THE WEBSITE, QUALITY, COMPLETENESS, ACCURACY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
(b) SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED, Se-cure.com’S LIABILITY IN RESPECT OF ANY NON-EXCLUDABLE WARRANTIES OR CONDITIONS RELATING TO THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE, AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE IS LIMITED TO RESUPPLYING THE RELEVANT CONTENT OR THE REASONABLE COST OF RESUPPLYING THE RELEVANT CONTENT, WHICHEVER Se-cure.com SEES FIT TO PROVIDE.
(c) FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF Se-cure.com AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE WILL BE $10 FOR AN AGGREGATE OF ALL CLAIMS.
(d) Se-cure.com WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFIT, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
(a) You will fully indemnify Se-cure.com in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(i) any breach of these Terms by you;
(ii) your use of the Website;
(iii) your use of the Services; or
(iv) without limiting the foregoing, any claim that your use of the Website or any Submitted Material communicated by you infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
15. Jurisdiction and Law
These Terms are governed by and must be construed in accordance with the laws of the State USA. You submit to the exclusive jurisdiction of USA laws in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.