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1. Acceptance of Terms
2.
Violation of Provisions of these Terms of Use
3. General Restrictions
4. Modifications
to Service/Content
5. No
Commercial Use of Service/Content
6. Intellectual
Property Rights
7. Privacy
8. Warranty Disclaimer
9. Indemnification
10. Liability Waiver
11. Dealing with
Advertisers
12. Usage Rules
13. Uploads
14. Review of
Postings and Uploads
15. Tell a Friend
16. Links
17. User Representations
18. Miscellaneous
19. Governing Law
and Jurisdiction
1. Acceptance of Terms
Your access to and use of Alchemy ("Alchemy") services on
www.alchemy-uk.com and any pages thereof (hereinafter referred
to as the "Alchemy Site") is subject to the following terms and
conditions and all applicable laws. In addition, when using
particular Alchemy Site services, you and Alchemy shall be
subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
these Terms of Use. All information, documents, products,
trademarks, services, and other materials - including any
software and link on the Alchemy Site - (hereinafter referred to
as the "Content") available on the Alchemy Site are subject to
these Terms of Use.
By accessing and browsing the Alchemy Site, you accept, without
limitation or qualification, these Terms of Use, which include
the Alchemy Site Privacy Policy and acknowledge that any other
agreements regarding the use of the Alchemy Site between you and
Alchemy are superseded and of no force or effect.
Alchemy may modify these Terms of Use at any time, and such
modifications will be effective immediately after posting of the
modified Terms of Use on the Alchemy Site. You are bound by any
such modifications and should therefore periodically visit this
page to review the then current Terms of Use to which you are
bound. Your continued access to and use of the Alchemy Site
after the modifications have become effective shall be deemed
your conclusive acceptance of the modified Terms of Use.
2.
Violation of Provisions of these Terms of Use
If you violate any provision of these Terms of Use, your
permission to use the Service/Content automatically terminates,
and you must immediately destroy any copies you have made of any
parts of the Content irrespective of whether the copy is stored
as a file, document, or otherwise.
If Alchemy determines, in its sole and absolute discretion, that
you have violated any provisions of these Terms of Use, Alchemy
may, in addition to and not in lieu or limitation of any other
right or remedy, advise you that you have violated these Terms
of Use, delete or remove any communications or contents
furnished or posted by you, notify and/or send communications or
content to and cooperate with all applicable law enforcement
authorities in all countries, and/or take any other actions
Alchemy deems appropriate.
3. General Restrictions
If the jurisdiction which is applicable to you does not legally
permit the execution of these Terms of Use in whole or in any
essential part (particularly but not limited to the provisions
of the Governing Law and Jurisdiction, Indemnification, the
Warranty Disclaimer, the Liability Waiver, and the Privacy
Policy), or declares the access to the Alchemy Site illegal,
then you are not authorized to use the Alchemy Site. If
nevertheless you do use the Alchemy Site, you do so entirely at
your own risk.
4.
Modifications to Service/Content
Alchemy reserves the right at any time, and repeatedly, to
modify or discontinue, temporarily or permanently, the
Service/Content with or without prior notice. Alchemy will not
be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service/Content.
5. No
Commercial Use of Service/Content
The Service/Content, use of the Service/Content, or access to
the Service/Content or any elements of it may not be reproduced,
duplicated, copied, sold, resold or exploited for any commercial
purpose.
6. Intellectual
Property Rights
The Content of the Alchemy Site is the copyright property of
Alchemy or its licensors. However, Alchemy does not own all
trademarks which may be mentioned in the Content on the Alchemy
Site.
You must retain and reproduce each and every copyright notice or
other proprietary rights notice contained in any Content you
download. You should assume that everything you see or read on
the Alchemy Site is copyrighted unless otherwise noted, and may
not be used except as provided in these Terms of Use or in the
text on the Alchemy Site without the prior written permission of
Alchemy. Alchemy neither warrants nor represents that your use
of Content displayed on the Alchemy Site will not infringe on
the rights of third parties not owned by or affiliated with
Alchemy.
With the exception of the foregoing limited authorization, no
license, to or right in, the Content or any copyright of Alchemy
or of any other party is granted or conferred to you.
The Alchemy Site may contain or reference trademarks, patents,
proprietary information, technologies, products, processes, or
other proprietary rights of Alchemy and/or other parties. No
license to, or right in, any such trademarks, patents, trade
secrets, technologies, products, processes, and other
proprietary rights of Alchemy and/or other parties is granted
to, or conferred upon, you.
You may freely browse the Alchemy Site, but you may only
download Content from this Site, including but not limited to
any text, images, audio, and video for non-commercial personal
use if the relevant service does not mention any other
restriction. You may not, however, distribute, modify, transmit,
reuse, repost, or use the Content for public or commercial
purposes without prior written permission of Alchemy, Alchemy
House, 38 East Street, Andover, Hampshire, SP10 1ES.
7. Privacy
Since Alchemy respects your personal privacy, data protection is
a very important issue to Alchemy, and your data is treated as
absolutely confidential. For details of Alchemy' commitment to
privacy, please refer to the Privacy Policy, which is
incorporated by reference into these Terms of Use.
8. Warranty Disclaimer
Alchemy makes no express or implied warranties, representations
or endorsements of any kind whatsoever with regard to the
Alchemy Site or with respect to any information, product,
service, merchandise or other material provided on or through
the Alchemy Site. Alchemy assumes no liability or responsibility
for any errors or omissions in the Content. ALL CONTENT IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NONINFRINGEMENT. ALCHEMY DOES NOT GUARANTEE THE TIMELINESS,
VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE
TO YOU FOR ANY PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied
warranties, so the previous exclusion may not apply to you.
Alchemy can not and does not warrant or guarantee that files
available for downloading through the Alchemy Site will be free
of infections, viruses, worms, Trojans or other codes that
contain contaminating or destructive properties. You understand
and agree that you are solely responsible for implementing
sufficient precautions, procedures, and checkpoints to satisfy
your own requirements for the accuracy of data input and output,
and for maintaining means external to the Alchemy Site for the
reconstruction of any lost data. Alchemy also assumes no
responsibility for the loss of any information, data, or other
material resulting from the use of the Alchemy Site. Alchemy
makes no warranty or guarantee that the service will be
uninterrupted, timely, secure, or error free.
9. Indemnification
You agree to indemnify, defend, and hold harmless Alchemy and
any of its officers, directors, employees, agents, information
providers, partners, advertisers, suppliers, and any of our
successors, assigns or licensees, together with any of their
respective officers, directors, and employees, from and against
any and all damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative),
judgments, costs and expenses (including reasonable attorney's
fees, arising out of any and all claims by a third party
relating to your use of the Alchemy Site), or any breach or
violation of these Terms of Use or any other term or condition
contained on the Alchemy Site.
10. Liability Waiver
YOU AGREE THAT IN NO EVENT NEITHER ALCHEMY NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, PARTNERS,
ADVERTISERS AND SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER
USER OF THE ALCHEMY SITE FOR ANY DIRECT, INDIRECT, EXEMPLARY,
PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES,
PENALTIES, LOSS OF REVENUE, BUSINESS, OR LIABILITIES ARISING OUT
OF, OR RELATING TO, IN ANY WAY TO THE ALCHEMY SITE OR SITES
ACCESSED THROUGH THE ALCHEMY SITE, AND/OR CONTENT OR INFORMATION
PROVIDED ON OR THROUGH THE ALCHEMY SITE. YOU ACKNOWLEDGE AND
AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH THE ALCHEMY SITE IS TO STOP USING THE ALCHEMY SITE.
11. Dealing with
Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Alchemy
Site, including payment and delivery of related goods or
services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely
between you and such advertiser. You agree that the Alchemy Site
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings, or as the
result of the presence of such advertisers on the Alchemy Site.
12. Usage Rules
You are prohibited from posting or transmitting any unlawful,
threatening, libellous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material, charity
requests, petitions for signatures, chain letters, letters
relating to pyramid schemes, advertising etc. or any material
that could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise violate any law. Alchemy will fully cooperate with any
law enforcement authorities or court order requesting or
directing Alchemy to disclose the identity of anyone posting any
such information or materials.
If Alchemy becomes aware that you have violated any of the terms
and conditions contained in these Terms of Use, Alchemy may
immediately take corrective action, including preventing the
user from using the services offered by Alchemy, and take down
any information, data and content put on the Alchemy Site by the
user at any moment and without notice. Alchemy does not accept
any liability derived from this action.
You will indemnify Alchemy, keep harmless, from and against any
and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and
expenses arising out of or relating to any use of any
discussions, chats, postings, transmissions, bulletin boards,
and the like contained on the Alchemy Site, including any that
may arise from a violation of this notice. Such claims shall
include, but shall not be limited to, claims based upon
trademark, service mark, trade name, copyright and patent
infringement, trademark dilution, tortuous interference with
contract or prospective business relations, unfair competition,
defamation or injury to reputation, misrepresentation or breach
of warranty, or other injuries or damages to business.
13. Uploads
Any communication or material you transmit to the Alchemy Site
by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as,
non-confidential and nonproprietary, subject, however, to our
Privacy Policy. Anything you transmit or post becomes the
property of Alchemy or its affiliates and may be used for any
purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, Alchemy is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send
to the Alchemy Site for any purpose whatsoever including, but
not limited to, developing, manufacturing, and marketing
products using such information.
14. Review of
Postings and Uploads
Alchemy does not monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Site, and is
under no obligation to do so. Alchemy assumes no responsibility
or liability arising from the content of any such locations nor
for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, privacy disclosure or
inaccuracy contained in any information within such locations on
the Site. However, Alchemy reserves the right to block or remove
communications or materials that it determines, in its sole
discretion, to be unacceptable for Alchemy.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN
ANY DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN
BOARDS, AND THE LIKE SHOULD NOT BE CONSTRUED AS PROFESSIONAL
ADVICE OR INSTRUCTION.
15. Tell a Friend
This service shall only be used if you know that the addressee
might be interested in receiving it. Alchemy has no obligation
to forward any proposed article to the addressee.
16. Links
Alchemy has not reviewed any or all of the third-party websites
which contain links to the Alchemy Site, and is not responsible
for the content of any such off-site pages or any other sites
linked to the Alchemy Site. You may link to the Alchemy Site
provided that its content is not displayed within a frame.
Alchemy may, in its sole and absolute discretion, prohibit any
further linking. In this event you have to delete the link
within two days from Alchemy's notice to you.
Alchemy accepts no liability for links from the Alchemy Site to
others and, in particular, Alchemy is not responsible for the
accuracy or legality of the content thereof. Alchemy accepts no
liability deriving from a breach or omission in the privacy
policy and/or terms of use of third parties.
17. User Representations
You present and warrant that you are at least 18 (eighteen)
years of age and that you possess the legal right and ability to
enter into this agreement and to use the Alchemy Site in
accordance with these Terms of Use.
18. Miscellaneous
Alchemy's failure to insist upon, or enforce, strict performance
of any provision of these Terms of Use shall not be construed as
a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to
modify any provision of these Terms of Use to any party at any
time without notice to you.
If any of the provisions of these Terms of Use are held by a
court or other tribunal of competent jurisdiction to be not
enforceable, then such provisions shall be limited or eliminated
to the minimum extent necessary so that these Terms of Use shall
otherwise remain in full force and effect.
These Terms of Use constitute the entire agreement between you
and Alchemy relating to the subject matter hereof and supersede
and merge herein any prior promises, agreements, or
understandings between you and Alchemy relating to any of the
subject matters of these Terms of Use.
These Terms of Use may not be modified, in whole or in part,
except as described elsewhere in these Terms of Use. Anything
contained on the Alchemy Site inconsistent with or conflicting
with the provisions of these Terms of Use is superseded by the
terms of these Terms of Use.
19. Governing
Law and Jurisdiction
By accessing and using any services on the Alchemy Site, you and
Alchemy agree that all matters relating to, and/or disputes
arising out of your access to, or use of, the Alchemy Site shall
be governed by, interpreted, construed and enforced in
accordance with English Law and shall be subject to the
exclusive jurisdiction of the English Courts.
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