Terms and Conditions of Use
Last Updated: 10 October 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE
This document and the documents referred to within it explain the terms and conditions of use by which you (as a visitor, user, customer or customer’s representative or partner) may make use of our website http://www.econometrics.com (“Website”) WHICH INCLUDES http://store.econometrics.com ("SHAZAM Store"), your SHAZAM Store customer and/or partner account area (“Account”) and the product ordering and licensing and packaging services therein.
Please read these Terms and Conditions of Use carefully before you start to use the Website. By using the Website, you accept and acknowledge these Terms and Conditions of Use and agree to abide by them. If you do not agree to these Terms and Conditions of Use, please do not use the Website.
The Website is operated by SHAZAM Analytics Limited ("we", "us", "our") which is a company registered in England and our registered address is 1417/1419 London Road, Norbury, London SW16 4AH.
USING THE WEBSITE
Access to the Website is permitted subject to these Terms and Conditions of Use. We reserve the right to withdraw or amend all or part of the Website without prior notice (see below “CHANGES TO THE SERVICE”). We will not be liable to you if for any reason the Website is temporarily unavailable at any time or for any period. From time-to-time, we may restrict access to some or all parts of the Website.
You may not use the Website or its contents (text and graphics):
a) to download (other than page caching) or modify the Website or any portion of it;
b) for any commercial purposes (other than with our written permission);
c) for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of the Website (e.g. item listings, descriptions, prices); or
d) for any purpose which is unlawful.
To order our products from the SHAZAM Store part of the Website please follow the instructions online. If you order any SHAZAM products then the contract with us will be governed by our Terms and Conditions of Sale which can be found on the Website and the SHAZAM Store. You are responsible for making all arrangements necessary for your access to the SHAZAM Store. You are also responsible for ensuring that all persons who access the SHAZAM Store through your internet connection are aware of these Terms and Conditions of Use and the Terms and Conditions of Sale, and that they comply with them.
If you create, or are provided with, a SHAZAM Store Account, user identification code, password or any other piece of information as part of the SHAZAM Store’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions of Use.
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without our written permission, except as provided in these Terms and Conditions of Use. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties.
You may not distribute, modify, transmit, reuse, re-post, use or modify the graphics, images, text, or code or any other designs, logos, words or other content of the Website for public or commercial purposes without our written permission.
Any communication or material you transmit or post to the Website by electronic mail or any other method, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. You accept that such communication or material may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, you consent to the posting and transmitting of any data from your online shopping cart, online store and any other source. We are free to use any data, ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing software using such information, without any additional notice or compensation to you.
The trademarks and logos displayed on the Website are registered and unregistered trademarks of us and/or others. Nothing contained on the Website, the links or these Terms and Conditions of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Website without our written permission or such third party that may own the trademarks displayed on the Website.
Your misuse, passing off or infringement of the trademarks displayed on the Website, or any other material of ours, except as provided in these Terms and Conditions of Use, is strictly prohibited.
Your use of our proprietary rights. You agree that your use of any part of the Website and your use of any or our trademarks, service marks, trade-names, and/or URLs is subject to the Terms and Conditions of Use that are available from the Website. You explicitly agree not to adopt or use in any manner any trademarks, service marks, trade names, and/or URLs that are the same or confusingly similar to, are combined with, or in any other way infringe, those of ours.
No challenge to our proprietary rights. You acknowledge that you obtain no proprietary rights in our trademarks, service marks, trade-names, URLs, copyrighted material, patents, and patent applications, and agree not to challenge our proprietary rights.
CHANGES TO THE SERVICE
We reserve the right to change, modify, add or remove portions of these Term and Conditions of Use at any time and may add to, change, suspend or discontinue any aspect of their terms at any time. We intend to update the Website regularly, and may change the content and usage at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Any of the material on the Website may be out-of-date at any given time, and we are under no obligation to update such material.
The Website is provided "as is". Whilst we have taken every care in the preparation of the content of the Website we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Website. Except as set out in this condition, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the use of the Website are excluded to the extent permitted by law.
We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Website or any of the materials (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these Terms and Conditions of Use shall operate to exclude or restrict our liability for:
a) death or personal injury resulting from negligence;
b) fraud or deceit; or
c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
PRIVACY AND DATA COLLECTION
MALWARE, HACKING AND OTHER OFFENCES
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
LINKS FROM THE WEBSITE
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you breach these Terms and Conditions of Use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
ALTERATIONS TO THESE TERMS AND CONDITIONS OF USE
We may revise these Terms and Conditions of Use at any time by amending this document. You are expected to check this document from time-to-time to take notice of any changes we make as they are binding on you. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on the Website.
These Terms and Conditions of Use shall be governed by and construed in accordance with the law of England and Wales.
The legal relationship created by, and any dispute or claim arising out of, these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.