Below are our terms for the use of our websites at https://pixelnebula.com and https://flare.pixelnebula.com, and the Flare digital signage management platform (together, the “Services”), whether as a guest or a registered user - please read these terms carefully before using our Services.
Material amendments to these terms since the previous version dated 15/08/16 are shown in bold italics. Previous versions of our terms may be requested at any time by emailing [email protected].
1.1. You can access some parts of our Services without having to register any details with us. This includes articles, news and product information pages within our Services. Access to some parts of our Services is only available to registered members. Registration requires an existing licence agreement to be in place between yourself (or your company) and Pixelnebula.
1.2. It is for you to make the proper arrangements for you to access our Services. You are responsible for ensuring that all persons who access our Services through your Internet connection are aware of this Agreement, and that they comply with it.
1.3. Our Services are intended for people around the world, however content available on our Services may not be suitable or accessible from some countries. We may restrict the availability of our Services or goods to any person or country at any time without prior notice. Access to our Services is at your own risk.
2.1. Any material that is available free of charge on our Services you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the contents of our Services.
2.2. All intellectual property (including without limitation copyright) in our Services and their content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Services for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text, except where such content has been uploaded by you for use with our Services. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on our Services in a derogatory manner.
2.3. Otherwise than in accordance with clause 2.1, no part of our Services may be used without our prior permission.
2.5. We do not guarantee that our Services will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Services and using appropriate firewall and virus protection software.
3.1. We take all reasonable steps to ensure that our Services are available 24 hours every day, 365 days per year. However, our Services do sometimes encounter downtime due to server, and other technical issues. [Duplicate term removed]. We do not guarantee that our Services, or any content on them, will be available uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services that are not subject to a licence agreement without notice. We may also change all or any part of our licensed Services in a way that is not significantly detrimental to the perceived benefits and user experience of the Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
3.2. Our Services may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues and provide regular updates, but shall not be obliged to do so.
4.2. When using our Services you must not attempt unauthorised access to our Services, the servers on which our Services are stored or any servers, computer or database connected to our Services, and you shall not post or send to or from our Services any material:
4.3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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 our Services will cease immediately.
4.4. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our Services in breach of Paragraph 4.2.
4.5. If a third party alleges that content posted by you on our Services is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
5.1. If you choose, or you are provided with, a user password as part of our security procedures, you must keep such information confidential.
5.3. If you suspect anyone else knows your user password, you must promptly notify us at [email protected]. You can also use this email address if you have problems with logging in or access.
6.1. Any links to third party websites located on our Services are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from our Services, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
6.2. If you would like to link to our Services, you may only do so on the basis that you link to, but do not replicate, any content on our Services, and subject to the following conditions:
6.2.4. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
6.3. If you choose to link to our Services in breach of Paragraph 6.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
7.1. We take reasonable steps to ensure that the information on our Services is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on our Services or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on our Services at any time and without notice, including corrections. The material on our Services may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
7.2. The material on our Services is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of our Services on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to our Services.
7.3. All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
7.4. Any information on our Services in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Services, you must obtain suitable advice from a professional or specialist.
7.5. You use our Services at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with our Services (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
7.6. Neither we nor any other party (whether or not involved in producing, maintaining or delivering our Services) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Services. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with our Services.
7.7. We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
7.7.2. use of, or reliance on, the contents of our Services.
7.8. In addition if you are a business user, we will not be liable to you for:
7.8.5. indirect or consequential losses.
7.9. We shall have no liability to you for any losses caused by distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Services or your downloading of any content on them, or on any website linked to them.
7.10. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
8.1. If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
8.2. Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of our Services and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of our Services.
8.3. You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
8.4. Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
8.5. We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on Services, or other reasonable means now known or developed in the future.
9.1. These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
Effective date: 03/02/20