Definitions and Interpretation

‘Grafixation’ means Grafixation Limited, 24 John Smith Place, Kelty KY4 0NL

‘Service(s)’ means collectively any facilities, tools, services or information that Grafixation makes available either now or in the future.

‘Contract’ means any document dated and signed by you and Grafixation with respect to the commencement of any paid service provided to you by Grafixation.

‘You’ and ‘Your’ means any individual or company using the services provided by Grafixation or any employee of your company at the time of contract signing.

‘Website’ means the website that you are currently using (www.grafixation.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

'Content' means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website.

These terms and conditions and the relationship between you and Grafixation shall be governed by and construed in accordance with the Law of Scotland and Grafixation and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.

Website

1. This website is provided "as is" and on an "as available" basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.


2. Grafixation accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.


3. Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. All content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Grafixation, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Grafixation. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Grafixation or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them. Those wishing to place a link to this website on other sites may do so only to the home page of the site www.grafixation.co.uk without prior permission. Deep linking (i.e. links to specific files within the site) requires the express permission of Grafixation. To find out more please contact us by email or by telephone, on 01383 839273.


4. Grafixation makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind. No part of this website is intended to constitute a contractual offer capable of acceptance.

Acceptable Use Policy (AUP)

This AUP refers to any contracts signed by you or your representatives with Grafixation that are currently in force.

1. Grafixation may add, delete or modify any provision of this AUP at any time without notice, effective upon posting of the modified AUP on Grafixation's website. You are expected to check the AUP from time to time and take notice of any changes that Grafixation makes as they are legally binding on you.


2. Grafixation may suspend or terminate your services without notice if it determines that you are in violation of the AUP. No credit will be available under your Service Level Agreement (SLA) (if applicable) for interruptions of services resulting from AUP violations.


3. You are independently responsible for complying with all applicable laws related to your use of the services, regardless of the purpose of the use. Grafixation encourages you to report violations to support@grafixation.co.uk. You may be in violation of this AUP if Grafixation determines that you are intentionally or unintentionally using the services to engage in or to foster disruptive, unlawful or abusive behaviour, or encouraging others to engage in or foster such behaviour, including but not limited to:


1. Breaching any applicable local, national or international law or regulation


2. Violating or misappropriating the legal rights of others, including but not limited to privacy rights and intellectual property rights, or exposing trade secrets or other confidential information of others


3. Intentionally or unintentionally distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious software code


4. Interfering with the use of the services, or the equipment used to provide the services, including but not limited to exceeding allowed bandwidth by transferring excess data, or using any services or system in a way that consumes a disproportionate share of the resources or otherwise interferes with the normal operation of the shared services or system


5. Altering, disabling, interfering with, or circumventing any aspect of the services, including but not limited to permitting or facilitating unauthorised access to the services (whether through distribution of malicious software code or by any other means)


6. Probing, scanning, penetrating, reverse engineering, or testing the vulnerability of any Grafixation system, software or network (unless authorised in writing by Grafixation) or breaching Grafixation's security measures, whether directly or indirectly


7. Using Grafixation's services or equipment to publish, transmit (live or otherwise) or store any content or links to any content that Grafixation determines to be offensive, including but not limited to content that is illegal, immoral, sexual, excessively violent, deceptive or fraudulent, defamatory, malicious, containing offensive content, violating any person's privacy, harassing, threatening, creating a risk to personal or public health or safety, promoting or soliciting an illegal activity, promoting discrimination based on race, sex, religion, disability, sexual orientation, or age or any content or links thereto that may result in retaliation or legal action against Grafixation by an offended party


8. Using the services, or a component of the services, for any unlawful, offensive, harmful, invasive, infringing, defamatory, misleading, or fraudulent purpose, and


9. Using the services in any manner not authorised by Grafixation, or in any manner that Grafixation reasonably believes to be damaging to its reputation, business, system, network, or services.

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