1. Welcome to our Website at www.cunning.com. The Website is provided by CUNNING Ltd, a company registered under number 5710818 in England and Wales and whose registered office is at Palladium House, 1-4 Argyll Street, London, W1F 7LD ("CUNNING", "us", "we" or "our" for short) "You" and "Your" means you as the user of our Website.
2. ACCEPTANCE OF AGREEMENT
3. CHANGES TO THIS AGREEMENT
1. We may from time to time make changes to the terms of this Agreement. Any changes will be posted on our Website and notified to You by means of a notice and links to the revised terms of the Agreement on our homepage. Please review these Terms and Conditions regularly to ensure You are aware of any changes made by us. If You use the Website after changes are notified to You in this way, You agree to such changes. If you do not agree to such changes, you should not use this Website.
4. ACCESSING OUR WEBSITE
1. Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend any or all of the Website without notice. Access to our Website is dependent upon availability of the worldwide web and we accept no responsibility for Your inability to access our site arising out of circumstances beyond our reasonable control. 2. We have the right to disable Your access to our Website at any time if, in our opinion, You have failed to comply with any of the provisions of this Agreement.
5. RELIANCE ON INFORMATION POSTED
1. Commentary and other materials posted on our Website are not intended as advice and should not be relied upon. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded.
6. LINKING TO OUR WEBSITE
1. You may link to our home page, provided You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other information published on the Website. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
7. LIMITED LICENSE
1. Subject to the terms of this Agreement, we grant You a non-exclusive, non- transferable, revocable, limited right to access, view, and print out one copy of this Website and all data, information, software graphics, images, text, posts and other content on the Website, ("Materials") on a single device strictly in accordance with this Agreement. 2. You may only view, print out and use the Website and the Materials for Your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website and the Materials and Your use of the Website and Materials is subject to the following restrictions. You must not (a) remove any copyright or other proprietary notices contained in the Materials; (b) modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) transfer the Materials to any other person; (d) use any Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or (e) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials in any way; without our prior written consent.
IMPORTANT: 8. UPLOADING MATERIAL TO OUR WEBSITE
1. Whenever you make use of a feature that allows you to send, submit or upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our acceptable use clause 9. 2. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 3. Any material you upload to our Website will be considered non-confidential and you grant us the right to display, use, copy, distribute, store and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. 4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. 5. We have the right (but not the obligation) at our sole discretion to refuse, delete or remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in our acceptable use clause 9 or for any other reason. We also reserve the right to prevent further access to the Website by users submitting such content. 6. We in no way guarantee that your content, or any part of it will be displayed on the Website.
9. ACCEPTABLE USE
1. You warrant and undertake that all content submitted by you to our Website, including, but not limited to your name, biographical information and all other names, postings, messages, text, files, images, photographs, video, sounds likenesses, graphics, logos, marks, and all other information shall not: 1. Infringe copyright, trademarks, rights of privacy, publicity or other intellectual property rights of any other person or entity; 2. Contain any personal information relating to any persons under 18; 3. Be inaccurate where it states facts or disingenuous where it states opinions; 4. Contain any content that is libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, harmful harassing, intimidating, threatening, hateful, objectionable, fraudulent, discriminatory, abusive or racially, culturally, or ethnically offensive or which may or may appear to, impersonate any third party; 5. Contain any malicious code such as viruses, worms, trojan horses or other potentially harmful programs or material; or 6. Violate any applicable law, statute, ordinance, rule or regulation. 2. You are entirely responsible for the content that you post, email or otherwise make available via the Website, and shall indemnify, compensate and reimburse us against any claim received, or damages suffered, by us resulting from content you submit. 1. does not infringe any other person's rights (for example, You should own all the rights in Your Content i.e. it should be original and may not include any music soundtrack or any copyright protected work (the rights in which are owned by a third party) as part of Your Content which you submit, unless You have obtained all necessary consents and licenses to do so); 2. does not contain any information which is subject to any data protection or confidentiality obligations other than where permitted by law; 3. does not contain any viruses or other contaminants that have the ability to modify, delete or damage our computer programs and hardware; 4. does not contain any materials that are libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, harmful, harassing, intimidating, threatening, hateful, objectionable, fraudulent, discriminatory, abusive or racially, culturally, or ethnically offensive; and 5. does not violate any law, rule or regulation in any way. 3. You shall indemnify, compensate and reimburse us, and any of our agents and representatives against any claim received, or damages suffered, by us resulting from submission of Your Content.
10. TRADE MARKS
1. We expressly reserve all rights in and to the domain name www.cunning.com, the trading name, "CUNNING" (and CUNNING STUNTS) and all other related service marks, trading names or other trade marks relating to our products and services. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
11. THIRD PARTY SITES AND CONTENT
1. The Website and/or the Materials may contain links to third party websites. If You decide to visit any third party site, You do so at Your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we or this Website is/are affiliated or associated such sites. Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for such content.
12. EXCLUSIONS AND DISCLAIMERS
1. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, the Materials and/or all services supplied by us in connection with this Website. 2. We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. 3. The materials on this Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website. 4. We do not represent or warrant that the Website will be error-free, free of viruses or owner harmful components, or that defects will be corrected. 5. We will not be in breach of this Agreement nor be liable for any failure or delay in performance of our obligations under this Agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control. 6. In such circumstances, Your corresponding obligations will be suspended to the same extend as ours and we will use all reasonable endeavors to carry out our obligations under this Agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
13. OUR LIABILITY
1. Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under English law. 2. Our aggregate liability to you in connection with any claim arising out of or relating to the Website, the Materials and the services provided in connection with the Website or otherwise shall be limited to the amount paid by You in relation to that claim. 3. You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection and/or arising out of You breach of the terms of this Agreement.
14. LEGAL COMPLIANCE AND APPLICABLE LAW
1. You shall comply with all applicable laws and regulations in England and Wales in connection with Your use of the Website and the Materials that appear on it. 2. The laws of England and Wales shall apply to this Agreement and this Agreement shall be interpreted under English law. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the English courts. 3. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. Thank you for visiting our Website.