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Terms and Conditions
Written by Admin
'Conditions' means the standard terms and conditions of Revitspace applying to both Users and Suppliers as set out in this document.
‘Revitspace' means Revitspace.com, who is part of spacegroup (www.spacegroup.co.uk).
‘Supplier’ means any person who uploads any Materials to the Revitspace website for it to be made available for downloading or viewing by Users, this also extends to other users.
‘User’ means any person who downloads any Materials from the Revitspace website.
'Materials' means any item, data or file downloaded from the revitspace website.
TERMS AND CONDITIONS OF USE - USERS
1 Ownership of materials and copies
The Materials are copyrighted works of 'Revitspace', and are also protected under applicable database laws. The Supplier surenders ownership of the Materials and all subsequent copies of the Materials, regardless of the form in which the copies may exist.
2 No transfer
The Materials are licensed to the User only. The User may not rent, lease, sub-license, sell, assign, hire, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis, without the prior written consent of Revitspace.
3 No warranties
Revitspace makes no warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, and fitness for a particular purpose or ability to achieve a particular result in respect of the Materials. The User assumes the entire risk as to the quality and performance of the Materials. Should the Materials prove defective, the User (and not Revitspace) shall assume the entire cost of all necessary servicing, repair or correction. Revitspace does not warrant that the Materials will meet the User’s requirements or that its operation will be uninterrupted or error free.
4 Exclusion of liability
Revitspace does not monitor or control the Materials and the User affirms that as a result, it may be exposed to Materials that are offensive, indecent or objectionable. Furthermore, the Materials may contain viruses or other forms of corruption and the User will rely entirely on its own security systems to prevent any such corruption being downloaded. In no event will Revitspace be liable to the User or any third party for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the downloading, viewing, use of, or inability to use such Materials, even if the User has been advised of the possibility of such damages.
5 Indemnity
The User agrees to indemnify and keep indemnified Revitspace on a continuing basis from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with User’s default or breach of this Agreement or use of the Materials.
6 Statutory rights
The Conditions gives the User specific legal rights and the User may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to the User. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deleted from the Conditions and the remainder of the limitation or exclusion shall continue in full force and effect.
7 Term
The Conditions are effective until terminated. The User may terminate the Conditions at any time by destroying the Materials together with all copies in any form. It will also terminate upon conditions set out elsewhere in the Conditions or if the User fails to comply with any term of the Conditions or if the User voluntarily returns the Materials to Revitspace. The User agrees upon such termination to destroy the Materials together with all copies in any form.
TERMS AND CONDITIONS OF USE - SUPPLIERS
1 Ownership of materials
Ownership and copyright of the Materials belongs to revitspace, subject to the non-exclusive, non-transferable licence granted to the Users. The act of uploading Materials to the Revitspace. The Revitspace website acts as a host to make the Supplier’s Materials available to Users to download and view. Nothing in the Conditions shall prevent the Supplier from entering into similar arrangements for the licensing of the Materials with third parties. The Supplier confirms that it retains sole responsibility for the content and accuracy of the Materials uploaded to the Revitspace website.
2 Representations and warranties
The Supplier remains entirely responsible for any Materials uploaded to the Revitspace website and represents and warrants to Revitspace that:
2.1 the Supplier has full legal and equitable title to the Materials and is entitled to grant the licence in the preceding clause;
2.2 the Supplier is not in breach of the copyright or other intellectual property of any third party; and
2.3 the Materials contain no viruses or other forms of corruption; and
2.4 the Materials contain no content that may be considered offensive, indecent or objectionable.
3 Term
The Conditions are effective until terminated in accordance with the provisions of clause 8 below.
8 Termination
Either party may terminate the Conditions at any time by written notice or e-mail. Revitspace reserves the right to terminate the Conditions without notice in the event that the Supplier is in breach of any of the representations or warranties contained within the Conditions.
9 No warranty
Revitspace makes no warranties, representations or guarantees of any kind, either expressed or implied in respect of it’s website or the services it provides to Suppliers, and will not be liable to any Supplier claiming for losses, damages, costs or interest, howsoever caused, arising out of the Supplier’s use of Revitspace website. The Supplier assumes sole liability for any and all risk arising out of its use of Revitspace website.
10 Storage of material
The Revitspace website provides a service whereby Material will be hosted and made available for downloading or viewing by Users. Revitspace does not provide a storage service for either Suppliers or Users. Suppliers should not rely upon the Revitspace website to store Material or any other digital media and should ensure that they retain original copies of any Material uploaded. Revitspace will not be liable to any Suppler, User or third party for the loss (howsoever caused) of any Materials uploaded to the Revitspace website.
TERMS AND CONDITIONS OF USE – USERS AND SUPPLIERS
1 No Partnership
Nothing in the Conditions is intended to or shall operate to create a partnership or joint venture of any kind between Revitspace and the User/Supplier. Neither the User or Supplier shall have authority to act in the name or on behalf of or otherwise to bind Revitspace (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
2 Force Majeure
Revitspace shall not have any liability to either the User or Supplier or be deemed to be in breach of the Conditions for any acts, events, omissions, accidents, delays or failures in performance of the Revitspace website that result from circumstances beyond the reasonable control of Revitspace, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of Revitspace or of any other party or sub-contractor) act of God, war, riot, civil commotion, malicious damage, riot by zombie hamsters, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, or default or negligence or omission of suppliers or sub-contractors or war.
3 Waiver
Failure or neglect any party to exercise any of its rights or remedies under the Conditions will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of the Conditions nor prejudice that party's right to take subsequent action.
4 Assignment
Revitspace shall be permitted to assign or sub-contract any of its rights, duties or obligations under the Conditions without the consent of either the User or the Supplier. Neither the User nor the Supplier shall be permitted to assign or sub-contract any of its rights, duties or obligations under the Conditions without the prior written consent of Revitspace.
5 Third Parties
Save as expressly provided in the Conditions, no term of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
6 Choice of law
The Conditions shall be governed by and construed in accordance with the law of England. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with the Conditions.
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