Welcome to www.pc-monitor.com, the Official
Web Site of PC-Monitor Limited ("Service Partner").
Please take time to read these important terms and conditions
of use of our web site (the "PC-Monitor Site").
1 Application of Terms
1.1
These Website Terms and Conditions (the "Terms")
govern the relationship between you and PC-Monitor with regard
to your use of the PC-Monitor Site
1.2
By accessing any part of the PC-Monitor
Site, you consent to the Terms. PC-Monitor
reserves the right to change the Terms from time to time without
prior notice and accordingly you should check the Terms each
time you access the PC-Monitor
Site.
2
Use of the Website
2.1
The PC-Monitor
Site is provided "as is" and for your own personal,
non-commercial use only. You may download, display, reformat
or print parts of the PC-Monitor
Site for your own personal, non-commercial use.
2.2
You agree not to modify, copy, distribute, transmit, display,
reproduce, publish, license or otherwise use the content of
the PC-Monitor
Site for resale, redistribution or for any other commercial
use.
2.3
You shall not use the PC-Monitor
Site
for any purpose that is unlawful, abusive, libelous or threatening
or for the transmission of any virus or any other computer
code, files, or programmes which are designed or likely to
interrupt, damage, destroy any computer hardware or software
or interfere in any way with the normal operations of the
PC-Monitor
Site..
2.4
You acknowledge that the PC-Monitor
Site has been specifically designed for use in the United
Kingdom and agree not to use or access the PC-Monitor
Site in and from jurisdictions in which it or its contents
are restricted or prohibited by local law.
3
PC-Monitor
Products
and Services
3.1
You acknowledge that PC-Monitor
offers certain products and services on the PC-Monitor
Site and that if you use or rely on these products or services
you shall be bound by a separate agreement between you and
PC-Monitor,
the terms of which you shall accept on enrollment for a product
or service or prior to reliance on a PC-Monitor
product or service. This separate agreement contains the complete
terms for use of or reliance on the relevant PC-Monitor
product or service including all warranties and representations
relating to that product or service. PC-Monitor
does not give any warranties or representations in these Terms
about the quality, functioning or accuracy of PC-Monitor`s
products or services.
4
Third party sites
4.1
You acknowledge that the PC-Monitor
Site may contain links to websites operated by third parties
("Third Party Sites"). You further acknowledge that
these links are for your convenience only and PC-Monitor
does not endorse, nor purport to control, monitor or verify
the contents of the Third Party Sites. PC-Monitor
shall not be liable for the contents of the Third Party Sites
or for any loss, damage or injury sustained by you arising
out of use by you of a Third Party Site.
5
Intellectual Property Right Notice
5.1
You acknowledge and accept that all of the copyright, database
rights and any other intellectual property rights which subsist
in the design, layout, processes, functions, data and content
of the PC-Monitor
Site are the property of PC-Monitor,
its information providers, advertisers and other licensors.
No part of the PC-Monitor
Site, or its content may be copied or reproduced (except for
your personal use and as per clause 2.1 of these Terms).
5.2
PC-Monitor
grants you a personal, non-exclusive, nontransferable license
to access the PC-Monitor
Site
and use the PC-Monitor
Site in accordance with these Terms.
5.3
PC-Monitor
,are
trademarks of PC-Monitor.
All other trademarks contained in the PC-Monitor
Site belong to their respective owners. You are not authorised
under these Terms to use any of PC-Monitor's
trademarks or any other trademarks contained in the PC-Monitor
Site.
6
Disclaimer and exclusion of liability
6.1
PC-Monitor
has taken all reasonable steps to ensure that the information
on the PC-Monitor
Site is accurate, complete and up to date and that the PC-Monitor
Site functions correctly. However, no warranty, representation
or assurance (whether express or implied) of any kind is given
in this respect, nor that the PC-Monitor
Site shall be compatible with your hardware and software and
bug and/or virus-free, that it shall be accessible without
interruption or that it or the information contained on it
will meet your requirements.
6.2
YOU AGREE THAT PC-MONITOR
SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER
(WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER
OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY
CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES
ARISING OUT OF YOUR USE OF THE PC-MONITOR
SITE, WITH THE EXCEPTION THAT COMODO DOES NOT PURPORT TO EXCLUDE
LIABILITY IN RESPECT OF:
6.2.1
DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2
FRAUD OR FRAUDULENT STATEMENTS
ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS
OR AGENTS.
6.3
WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE
THAT PC-MONITOR
SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF
REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF
DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4
THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER
WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED
TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7
Indemnity
7.1
YOU AGREE TO INDEMNIFY AND HOLD PC-MONITOR
HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD
PARTY ARISING OUT OF YOUR USE OF THE PC-MONITOR
SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY
THIRD PARTIES [AND COMODO'S USE OF ANY INFORMATION SUPPLIED
BY YOU]. YOU AGREE TO COOPERATE WITH PC-MONITOR
AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO
LIMIT OR MINIMISE ANY LIABILITY OF PC-MONITOR
.
8
General
8.1
No third party shall have any rights to bring a claim under
the Contracts (Rights of Third Parties) Act 1999 in respect
of these Terms.
8.2
The rights and obligations created by these Terms are enforceable
by and may be assigned by PC-Monitor.
You may not assign your rights or obligations under these
Terms.
8.3
To the extent that any of the provisions of these Terms are
or become unenforceable, then it is the intention of the parties
that such part be severed from the remaining part, and this
shall not affect the validity or enforceability of the Terms
as a whole or of any other provisions thereof.
9
Governing Law and Jurisdiction
9.1
The parties agree that these Terms are governed by English
Law and the English Courts have exclusive jurisdiction.
If you have any complaint or query in relation to the PC-Monitor
Site of these Terms, please email
Terms_Conditions@pc-monitor.com
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