Terms of use
ATTENTION: PLEASE READ THESE TERMS OF USE (HEREINAFTER “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE (“SITE”). YOUR ACCESS TO AND USE OF THIS SITE IS GOVERNED BY THIS AGREEMENT. BY ACCESSING OR USING THIS SITE, INCLUDING, WITHOUT LIMITATION, USE OF ANY SERVICES, SOFTWARE OR MATERIALS (AS THOSE TERMS ARE DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THIS SITE.
In this Terms of Use Statement, we describe:
Use of Site
Use of Software
User Submissions
Managing content and communications
Use and protection of account number and password
Personally Identifiable Information
Links To Other Web Sites
Disclaimer of Warranties
Limitation of Liability
Intellectual Property
Trademarks
Applicable Laws and Jurisdiction
General
Vendor Terms and Conditions
leachprint® give you limited permission to access, view, use and download (where applicable) the software, products, information and materials available at or in connection with this Site (hereinafter collectively “Materials”) solely for your personal, non-commercial use, provided that you comply with all of the terms and conditions stated in this Agreement and any applicable leachprint license agreement or other applicable leachprint agreement. You may make one (1) copy of the Materials to the extent necessary to use the Site as permitted above, provided that you retain on any such copy all copyright and other proprietary notices contained in the original Materials. Except as permitted above, you may not use, make, modify, reformat, copy, display, perform, distribute, transmit, publish, license, create derivative works from, transfer or sell any Materials, content, communications or services which are displayed or referenced on this Site. Except as stated above, you receive no rights or license of any kind, including no rights to or under any patents, copyrights, trade secrets or trademarks.
Use of Materials on any other web site or networked environment is prohibited. The Materials are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. If you breach any of the terms of this Agreement, your authorization to use this Site and the Materials shall automatically terminate and you must immediately stop using this Site and Materials, and destroy all copied, downloaded and printed Materials.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, hateful, offensive, libellous, defamatory, obscene, pornographic, vulgar or sexually explicit material or any material that would violate any law or the rights of others, or that would subject leachprint or leachprint’s partners to any claims or liability.
By using this Site, including any Materials, communications, content and services available through it, you agree that you will not do any of the following:
- upload, post, or otherwise transmit to or through the Site any communications, content or materials that leachprint deems to be unlawful, threatening, hateful, offensive, libellous, defamatory, pornographic, vulgar, obscene, or sexually explicit;
- upload, post, or otherwise transmit to or through the Site any communications, content or materials that could be deemed to encourage or advocate any illegal activities;
- upload, post, or otherwise transmit to or through the Site any communications, content or materials that infringe and/or violate any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) the right of privacy; and (c) the right of publicity;
- upload, post, or otherwise transmit to or through the Site any communications, content or materials that violate an agreement with a third party, including without limitation a confidentiality agreement;
- upload, post, or otherwise transmit to or through the Site any communications, content or materials that might subject leachprint, or leachprint’s partners, to any claims or liability;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- upload, post, or otherwise transmit to or through the Site any viruses, robots, scripts, spiders or similar items or harmful, disruptive, or destructive files or elements;
- create a false identity, or use or attempt to use another's account, password, service, or system;
- access or attempt to access any area or content which you are not authorized to access; and/or
- disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, Materials, communications, content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
- You agree to indemnify, defend and hold leachprint, or leachprint’s partners, harmless from all claims, liabilities, damages, expenses, costs and solicitor’s fees arising out of or related to any violation (and/or alleged violation) of this Agreement by you.
As used herein, leachprint’s partners include independent vendors, suppliers, licensors, contractors, distributors, resellers, dealers, OEMs and other parties who have a business relationship or a potential business relationship with leachprint.
All software and documentation provided by leachprint and its licensors, and all related downloads, on-line materials, bug fixes, patches, releases, release notes, updates, upgrades, technical support materials, and information (hereinafter collectively “Software”) is licensed (not sold). Use of the Software is subject to the terms and conditions of the license agreement (hereinafter “Software License Agreement”) that accompanies or is provided with the Software. You may not use, download or install the Software until you have read and accepted the terms of the Software License Agreement. You are granted only a limited, non-exclusive license to use the Software solely for your personal use and solely in accordance with the Software License Agreement. The Software is confidential and proprietary to leachprint and its licensors. You may not disclose or distribute the Software to any third party.
Other than personally identifiable information, which is discussed below, you agree that any material, content, files, messages, information and other communication you transmit or post to this Site (hereinafter “Communications”) will be considered non-confidential and non-proprietary. You agree that leachprint and its designees, partners, and affiliates will have no obligations with respect to your Communications. You agree that leachprint and its designees, partners and affiliates may freely use, copy, modify, publicly perform, publicly display, create derivative works from, disclose, make, sell, license, distribute, advertise, incorporate and otherwise use your Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes, including without limitation marketing and the development of products and services. You further agree that leachprint and its designees, partners and affiliates may freely use all Communications and all feedback and contributions you provide on-line and off-line to create, improve, modify, create derivative works of, make, use, sell, license, distribute, publicly perform, publicly display, market, and advertise software, products, services, information, communications and content, including without limitation the Software, Services and Materials.
Managing content and communications
Users remain solely responsible for their own Communications. leachprint is not responsible for a user’s Communications.
Although leachprint has no duty to do so, leachprint reserves the right at any time without notice and for any reason (without liability to leachprint): (a) to edit and/or remove any user’s Communications, and (b) to restrict, suspend, and/or terminate any user’s access to all or any part of this Site.
leachprint may, but is not obligated to, monitor and review (i) any areas on the Site where users transmit or post user Communications, including but not limited to areas where services are available, chat rooms, bulletin boards, and other user forums; and (ii) the substance of any user Communications.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name, and password, if applicable. You are responsible for all claims, liabilities, damages, losses, expenses, costs and attorneys’ fees resulting from all uses of your account number, account name, and password, whether or not authorized by you, unless access to your account number, account name, and password was obtained through no fault or negligence of your own.
Personally Identifiable Information
If you transmit or post personally identifiable information (name, address, e-mail address, phone number, etc.) to this Site, the handling of this information shall be subject to leachprint’s Privacy Statement, which you can view at www.leachprint.co.uk. By accessing or using this Site, you agree to the handling of your personally identifiable information in accordance with leachprint’s Privacy Statement.
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. leachprint has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. leachprint does not endorse or make any representations about these sites, or any information, communications, content, software, other products or materials found at these sites, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
leachprint does not warrant the accuracy and completeness of the Materials, Communications, Services and any other content available at or in connection with this Site (hereinafter collectively “Content”). leachprint may make changes to the Content and to the services, products and prices described therein, at any time without notice. The Content may be out of date, and leachprint makes no commitment to update the Content. Content published at this Site may refer to products, programs or services that are not available in your country. Consult your leachprint Sales Executive for information regarding the products, programs and services that may be available to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN LEACHPRINT PRODUCT OR SERVICE DOCUMENTATION, ALL MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN LEACHPRINT PRODUCT OR SERVICE DOCUMENTATION, LEACHPRINT EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED AND STATUTORY) INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEACHPRINT DOES NOT WARRANT THAT THE SITE AND THE MATERIALS, PRODUCTS, COMMUNICATIONS, CONTENT AND SERVICES WILL BE CORRECT, ACCURATE, SECURE, RELIABLE, UNINTERRUPTED, AND ERROR-FREE, FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN LEACHPRINT PRODUCT OR SERVICE DOCUMENTATION, LEACHPRINT EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE USE AND AVAILABILITY OF ANY COMMUNICATIONS, MATERIALS, PRODUCTS, SERVICES, AND CONTENT, THE STATEMENTS OR ACTIONS OF ANY USER OR THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH USERS, VENDORS OR OTHER THIRD PARTIES, ANY ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, THE STORAGE OR LOSS OF DATA, FILES, OR OTHER CONTENT, AND ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSIONS OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, THE WARRANTIES AND LIABILITY OF LEACHPRINT AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE, CUMULATIVE LIABILITY OF LEACHPRINT AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS FOR ALL CLAIMS RELATED TO THIS AGREEMENT AND ALL MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS OR CONTENT THAT ARE AT ISSUE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THE PROVISIONS OF THIS AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEACHPRINT NOR ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST DATA, THIRD PARTY CLAIMS, AND/OR ANY SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, RELATED TO THIS AGREEMENT, THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND/OR CONTENT. THIS LIMITATION SHALL APPLY EVEN IF LEACHPRINT AND/OR ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE PRICE OF THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT REFLECTS THIS ALLOCATION OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL ELEMENT OF THIS AGREEMENT, WITHOUT WHICH LEACHPRINT WOULD NOT HAVE ALLOWED YOU TO HAVE ACCESS TO THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, THE LIABILITY OF LEACHPRINT AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
leachprint and its licensors solely own all right, title and interest, including without limitation all intellectual property rights, in and related to the Software, Materials, products, Services, communications and content provided by leachprint, and all improvements, derivative works and modifications thereof, including without limitation improvements, derivative works and modifications that are based upon your Communications and your feedback and contributions provided on-line and off-line.
You agree that your Communications will be considered non-confidential and non-proprietary. You agree that leachprint and its designees, agents, partners, and affiliates will have no obligations with respect to your Communications. You agree that leachprint and its designees, agents, partners and affiliates may freely use, copy, modify, create derivative works from, disclose, make, publicly perform, publicly display, sell, license, distribute, advertise, incorporate and otherwise use your Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes, including without limitation marketing and the development of products and services. Further, you agree that leachprint and its designees, agents, partners and affiliates may freely use all Communications and all feedback and contributions you provide on-line and off-line to create, improve, modify, create derivative works of, make, use, sell, license, distribute, market, publicly perform, publicly display, and advertise software, products, services, information, communications and content, including without limitation the Software, Services and Materials.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of leachprint or other third parties. You are not permitted to use the Marks without the prior written consent of leachprint or such third party that may own the Marks. leachprint and the leachprint logo are trademarks of Thomas Leach Ltd.
Applicable Laws and Jurisdiction
This Site is administered by leachprint from its offices in the United Kingdom. leachprint makes no representation that materials at this Site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents are illegal is prohibited. This Agreement will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of laws.
leachprint may revise this Agreement at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Effective Date: 7th April 2011
In the event that leachprint is purchasing products or services from you, the terms and conditions at http://www.leachprint.co.uk/terms.html shall be binding and apply to all such purchases made by leachprint.