SITE USE TERMS

CCOMMS.COM
SITE TERMS AND CONDITIONS OF USE

This is an Agreement between you and CCOMMS Limited. By using the CCOMMS Site, purchasing or using our software or other products or entering into negotiations or a contract with us, you signify your irrevocable acceptance of these Terms of Use.

1. Use and Terminating your use of this web site We reserve the right, at any time, to suspend or terminate your access to, or use of, CCOMMS without notice or reason. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. CCOMMS has the right to revise the Terms of Use at any time without providing notice to its users, although we will normally endeavour to send you e-mails via your registered e-mail but cannot guarantee to do this. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.
2. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
3. Whilst we take all reasonable efforts to update the information contained on this web site, we make no representations, warranties or undertakings about any of the information, content or materials provided on this web site (including, without limitation, any as to quality, accuracy, completeness or reliability) nor can we guarantee that items or plans have not been superceded.
4. Content for Information Only All material included in this web site is for informational purposes only and does not purport to be or constitute advice of any kind. This web site is for information purposes only and is not an advertisement. Please note that the information and documents available on this web site are prepared in accordance with the laws of England & Wales (unless stated otherwise) and may not be suitable for use in other jurisdictions, and comments in relation to other jurisdictions may not be accurate. We cannot accept responsibility if you choose to do so. In particular, due to the nature of the legal systems of the United States of America and Canada, the information and documents available on this web site, or which can be downloaded from it, must not be used in matters or purposes where the courts of the United States of America or Canada have jurisdiction.
5. Our liability to you for our operation of this web site We exclude any liability (including without limitation that for negligence or for any damages of any kind) for the content of this web site, any downloads from it, or any products sold through it, to the maximum extent permitted by law. We are not responsible for the content or use made of any other web site, including any web site referred to or any web site through which you may have gained access to our web site or to which you may gain access from our web site. Inclusion of any linked web site on our web site does not imply approval or endorsement of the linked web site by us. We do not accept any liability in connection with any such web sites or links.
6. Nothing on this site constitutes a binding offer to perform any service in any particular jurisdiction.
7. The CCOMMS Marks The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of CCOMMS or other third parties. You are not permitted to use the Marks without the prior written consent of CCOMMS or such third party, which may own the Marks. CCOMMS, CCOMMUNICATOR, SEECOMMS, XOOBS, FORTCULLIS, VIRTUAL BODYGUARD, YOUYAC, CCOMMS TELECARE, TTELECARE, TELECCARE, and the relevant logos on this site are trademarks of the CCOMMS Group. CCOMMS and the CCOMMS wordmark are trade marks of CCOMMS limited and subject to US and European Community TradeMark applications and SEE-COMMS is also subject to European Community Trademark application. You may not make use of these trade marks without our prior written consent.
8. Notification of Copyright and Intellectual Property Infringement CCOMMS will investigate notices of copyright and other intellectual property infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on this Site or on sites linked to from this Site or one of our products, please notify CCOMMS.
9. A notification of claimed infringement must be a written (or faxed) communication addressed to the designated agent as set forth below, and must include substantially all of the following:
•a physical or electronic signature of the person authorized to act on behalf of the owner of the interest that is alleged to have been infringed;
•a description of the protected work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;
•a description of where the material that you claim is infringing is located on the Site;
•information sufficient to permit CCOMMS to contact you, such as your physical address, telephone number, and email address;
•a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the owner, its agent, or the law;
•a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the rights owner or authorized to act on the rights owner's behalf.
See our contact page for details of how to report an infringement.
10. Information on the ownership of the copyright and trade marks used by CCOMMS You are responsible for obeying all applicable intellectual property laws. We permit you to make copies of this web site only as necessary incidental acts for the purposes of viewing the site, such as making cache copies and you may not archive or retain these or remove them from your cache and must flush your cache when you leave the site. You must not hold out as a CCOMMS document any item taken from this web site and subsequently amended by you. You are not permitted to provide copies, disseminate, distribute, sell, re-sell, or reproduce this web site or its contents (or any part of it) for any commercial purpose.All the contents of this web site and downloads, including the design, text, graphics, their selection and arrangement, are Copyright © 1997 to date, CCOMMS Limited or its licensors. ALL RIGHTS RESERVED, and all moral rights are asserted and reserved.
11. Journalists: We permit you to copy or print any site content from CCOMMS for the purposes of reporting about the CCommunicator and CCOMMS for no other purpose. Please provide us with pre-release copy and the opportunity to comment.
12. Privacy and Information we collect Confidentiality and privacy of customers and users of this web site is of utmost importance to us. We fully comply with all aspects of the Data Protection Act 1998. The information that we gather from you is used by us to ensure that we can give you the best possible service and for our own and CCOMMS' internal market analysis.
13. We recognise the uncertainty that people have with placing orders over the internet. We therefore use proprietary SSL and agent payment systems and technology to encrypt the information you send when you place your order. Cookies are small data files that many internet sites automatically download to a user's hard disk. They are primarily used in helping web sites recognise a user that has visited the web site previously. They can store account and password information. Most web browsers automatically accept cookies. Our web site uses cookies so that we can better service your return to our site. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can turn off the automatic download feature, should you so wish.
14. We will abide by any CCOMMS published data policy and you agree that we may use the data you give us for CCOMMS marketing (including SEECOMMS, FORTCULLIS and other products licensed by SEECOMMS) and may hold and export the data anywhere in the world. You agree that data will be handled for the CCOMMS site by CCOMMS (data) Limited.
15. CCOMMS (DATA) LIMITED IS A LICENSED DATA CONTROLLER IN THE UNITED KINGDOM.
16. Your privacy is very important to us at CCOMMS. To better protect your rights we have provided the CCOMMS Privacy Policy to explain our privacy practices in detail.
17. Warranties and Disclaimers Except as expressly provided otherwise in a written agreement between you and CCOMMS and signed personally by our CEO, the materials in or purchased through this site or otherwise provided by us are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, CCOMMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, CCOMMS does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. CCOMMS does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not CCOMMS) assume the entire cost of all necessary servicing, repair, or correction. We also cannot guarantee (although we have experts watching out for this) that the CCOMMS software does not have defects or other criteria through which hackers can crawl and infect your machine. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
18. Any lawsuit or threat of lawsuit against us will result immediately in your removal from the CCOMMS system and permanent deletion of your account and any balance in it. Not only that, you may get to meet our CEO in litigation mode which is a deeply unpleasant experience for most people. (Some say it is the case whatever mode he’s in!).
19. Without limitation of the foregoing, you acknowledge that as a service to users of the CCOMMS service, we include links to other web sites on the world wide web portion of the internet and that CCOMMS has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
20. To the maximum extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall CCOMMS be liable for any jury damages, punitive damages, special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if CCOMMS or a CCOMMS authorized representative has been advised of the possibility of such damages.
21. No advice or information, whether written or oral, obtained by you from CCOMMS or from or through the site shall create any warranty not expressly stated in the terms of use.
22. Term of Use The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by CCOMMS to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to CCOMMS at your expense.
23. Online Behavior Please exercise respect when participating in any of CCOMMS's community features such as Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (“User Materials”). You may not submit or publish through CCOMMS any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, used in terrorism or organised crime of any sort, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of ours or any third party or would otherwise violate the rights of any third party. We do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials, but deny responsibility for them.Furthermore, you may not submit or publish User Materials through CCOMMS that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You are of course free to use the CCOMMUNICATOR within the terms of the CCOMMUNICATOR licence.
24. Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant CCOMMS a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, CCOMMS and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials, alternatively if you cannot waive them, you assign them by your submission to us and if you can’t do that, you indemnity us for any breach.
25. Submissions Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the CCOMMS Terms of Use shall govern your legal rights with respect to those Submissions. The Submissions shall be deemed the property of CCOMMS. CCOMMS shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to CCOMMS will not be treated as confidential and CCOMMS shall not be liable for any disclosure of the Submissions.
26. Accounts and Security CCOMMS does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
27. As part of the registration process for the site, each account holder will be given identification material (usually password (“Password”) and User Name (“User Name”). you agree that we can e-mail a password reset link to the registered e-mail and that any response using that link is valid for your account.
28. You shall provide CCOMMS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
29. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that CCOMMS, in its sole discretion, deems inappropriate or offensive.
30. You shall notify CCOMMS of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
31. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CCOMMS's sole discretion, and you may be reported to appropriate law-enforcement agencies.
32. Indemnity You agree to indemnify and hold CCOMMS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site or the CCommunicator, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
33. Limitation of Exclusions: Nothing in the above agreements limits liability for death or personal injury caused by a party’s negligence or for fraudulent misrepresentation where this is prohibited or deemed unfair by law.
34. Survival: If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
35. Waiver: Any CCOMMS failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement.
36. Assignment: CCOMMS may assign its rights and duties under this Agreement to any party at any time without notice to you. Your licence is not assignable or transferrable in any way and you may not assign it or any other rights hereunder.
37. Agreement Modifications: CCOMMS may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on its web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Software or Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications.
38. Law and Jurisdiction This Site is controlled and operated by CCOMMS. CCOMMS makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain parts of the site or faciliies may not be available in certain countries. If you claim to be from a different country, then you waive right to jurisdiction in your home country and we have the choice of jurisdiction in our home country or the country you have claimed. By accessing this Site, you and CCOMMS agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the England, Great Britain and that the sole and exclusive venue for any action whatsoever arising from anything on our site is Guernsey in the British Channel islands or at CCOMMS discretion the County Court or High Court in London England), without giving effect to any principles of conflicts of law and you waive all other rights of jurisdiction and law by accessing the site or using CCommunicator. Jury trial is excluded in all cases.
39. In the event that any term or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
From time to time, we may change the terms and conditions applicable to this web site. By using the web site, you acknowledge that you have accepted any such changes.