Terms and Conditions
IMPORTANT! THESE TERMS AND CONDITIONS OF USE (THESE "CONDITIONS") GOVERN YOUR USE
OF THE SOH.CO.UK WEB SITE (THE "WEB SITE") PROVIDED BY SOH (Europe) Ltd. (THE
"COMPANY"). BY ACCESSING AND/OR USING THE WEB SITES, YOU ACCEPT, WITHOUT LIMITATION
OR QUALIFICATION, THE FOLLOWING CONDITIONS.
1. Permitted Use
You have a nonexclusive, nontransferable, limited, revocable right to use the Web
sites solely for Your personal educational, informational, and entertainment use
or any other use the Company and You agreed to in a separate written agreement.
You will not use the Web sites for any other purpose, including any commercial purpose,
without the Company's express prior written consent. For example, You will not and
will not authorise any other person to (i) Co-brand the Web sites or portion thereof,
or (ii) frame the Web sites or portion thereof (whereby the Web sites or portion
thereof will appear on the same screen with a portion of another Web site). "Co-branding"
means to display a name, logo, trademark, or other means of attribution or identification
of any party in such a manner reasonably likely to give a user the impression that
such other party has the right to display, publish, or distribute the Web sites
or content accessible within the Web sites. You agree to cooperate with the Company
in causing any unauthorised Co-branding, framing or linking to immediately cease.
You may use the Web sites for lawful purposes only. You may not post or transmit
through the Web sites any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, libellous,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offence, give rise to
civil liability or otherwise violate any law. The Company will fully cooperate with
any law enforcement authorities or court order requesting or directing the Company
to disclose the identity of anyone posting such information or materials.
2. Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed
on the Web sites are registered and unregistered Trademarks of the Company and its
licensors, content providers, clients and business partners. Nothing contained on
the Web sites should be construed as granting, by implication, estopple, or otherwise,
any license or right to use any Trademark displayed on the Web sites without the
written permission of the Company or such party that may own the Trademark. Your
use of the Trademarks displayed on the Web sites, or any other content on the Web
sites, except as provided in these Conditions, is strictly prohibited. The Company
will aggressively enforce its intellectual property rights to the fullest extent
of the law, including seeking criminal prosecution.
3. Proprietary Information
The content accessible within the Web sites, including without limitation, all articles,
press releases, Trademarks, graphics, charts, screen captures, clipart, text, links,
product information, and other information (collectively, the "Content") is the
proprietary information of the Company and its content providers, and the Company
and its content providers retain all right, title, and interest in the Content.
Accordingly, You will not reproduce, transmit, publish or distribute such Content
to any third party without the express written consent of the Company or the applicable
content provider, except that You may print out a copy of Content solely for Your
personal use. In doing so, You will not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Content.
4. Indemnity
You will indemnify and hold the Company, its licensors, content providers, service
providers, clients and contractors (the "Indemnified Parties") harmless from Your
breach of these Conditions and Your use of Content other than as expressly authorised
in these Conditions. You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorised use, and agree to indemnify any
and all resulting loss, damages, judgements, awards, costs, expenses, and attorneys'
fees of the Indemnified Parties in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from and against any claims brought by
third parties arising out of Your use of the information accessed from the Web sites.
5. Disclaimers
Your use of and browsing in the Web sites are at Your sole risk. THE WEB SITES AND
ALL CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT
THAT THE WEB SITES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE WEB SITES OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR RELIABILITY
OF ANY INFORMATION PROVIDED THROUGH THE WEB SITES. Some jurisdictions may not allow
the exclusion of certain implied warranties, so some of the above exclusions may
not apply to You.
The Company does not guarantee or warrant that files available for downloading from
the Internet will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Web sites for the reconstruction of any lost data. The Company does
not assume any responsibility or risk for Your use of the Internet.
6. Limitation of Liability
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "COMPANY AND ITS AFFILIATES"),
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOST PROFITS OR SIMILAR DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEB SITES, CONTENTS
OR INABILITY TO USE THE WEB SITES OR OTHERWISE ARISING IN CONNECTION WITH THE WEB
SITES, EVEN IF THE COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS
AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE
OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN'T MADE ANY PAYMENTS TO COMPANY, THEN
THE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED �100.00 UK STERLING.
Some jurisdictions may not allow the exclusion of certain implied warranties, so
some of the above exclusions may not apply to You.
7. Forums
The opinions, advice, statements, and comments (together, "Messages") posted on
the discussion forums (the "Forums") are supplied by third parties and other users
unless the Company or its authorised representative identifies itself as the content
poster. The Messages submitted on the Forums are for general information purposes
only and are not warranted to be accurate or current, are solely those of the various
authors, and do not necessarily reflect the views or official position of the Company.
The Company reserves the right to monitor the Forums to determine compliance with
these Conditions, as well as the right to remove or refuse to post any posting.
Although the Company may periodically undertake certain editorial screening of the
Messages, this is only for the purpose of maintaining relevance to the purposes
of the Forums. The Company is not undertaking to assess, screen or provide a warning
for Messages containing threatening, libellous, obscene, harassing or offensive
material contained therein, any infringement of third party intellectual property
rights arising therefrom or any crime facilitated thereby. By participating in the
Forums, You waive for yourself and your company all claims against the Company and
other Forum participants, including, without limitations, claims of libel, defamation,
and negligence.
8. License
By communicating with the Company (by e-mail or otherwise) or participating in any
Forum, You grant the Company an irrevocable, non-exclusive, transferable and worldwide
royalty-free right and license to use, reproduce, modify, adapt, translate, publicly
perform and display, distribute, sublicense, create derivative works from, and sell
any information, message, suggestion, idea or concept You communicated to the Company
or posted on the Web sites (in whole or in part) for any purpose the Company chooses,
commercial, public or otherwise.
9. Links
The Web sites may contain hyperlinks to Web sites operated by third parties other
than the Company. Such hyperlinks are provided for Your references only. The Company
does not control such third party Web sites and is not responsible for their contents
or the products and services offered on the third party Web sites. The Company's
inclusion of the hyperlinks to such Web sites does not imply any endorsement of
the material on such Web site or any association with their operators. Operators
of other Web sites may not maintain links to this Web site without the Company's
prior written consent. The Company reserves the right to prohibit other Web sites
from linking to the Web sites.
10. Changes
The Company has the right at any time to change or discontinue any aspect or feature
of the Web sites. These Conditions are subject to change by the Company at any time
in its discretion. Your use of the Web sites after such changes are implemented
constitutes Your acceptance of the changes. Please consult these Conditions regularly.
11. Miscellaneous
If any Section or provision of these Conditions are held illegal, unenforceable
or in conflict with any law by a court of competent jurisdiction or arbitral tribunal,
such Section or provision shall be deemed severed from these Conditions and the
validity of the remainder of these Conditions shall not be affected thereby. These
Conditions shall be interpreted, construed and enforced in all respects in accordance
with the laws of England. You and the Company (collectively the "Parties;" individually
a "Party") irrevocably submit to the non-exclusive jurisdiction of the English Courts.
The waiver by either Party of any provision of these Conditions on any occasion
and upon any particular circumstances shall not operate as a waiver of such provision
of these Conditions on any other occasion or upon any other circumstances. These
Conditions may be waived or amended only in writing signed by the Parties.
Posted Q1 2008