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ATTENTION: This legal notice applies to the entire
contents of the Website under the domain name www.jimsearch.com (Website) and
to any correspondence by e-mail between us and you. Please read these terms
carefully before using the Website. Using the Website indicates that you accept
these terms regardless of whether or not you choose to register with us. If you
do not accept these terms, do not use the Website. This notice is issued by
Generator.
1. Introduction
1.1 - By accessing any part of the Website, you shall be deemed to have accepted
this legal notice and our privacy policy in full. If
you do not accept this legal notice in full, you must leave the Website
immediately.
1.2 - The Company may revise this legal notice at any time by updating this
posting. You should check the Website from time to time to review the then
current legal notice, because it is binding on you. Certain provisions of this
legal notice may be superseded by expressly designated legal notices or terms
located on particular pages at the Website.
2. Licence
2.1 - You are permitted to print and download extracts from the Website for your
own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way
(b) no graphics on the Website are used separately from the corresponding text
(c) the Company's copyright and trade mark notices and this permission notice
appear in all copies.
2.2 - Unless otherwise stated, the copyright and other intellectual property
rights in all material on the Website (including without limitation photographs
and graphical images) are owned by the Company or its licensors. For the
purposes of this legal notice, any use of extracts from the Website other than
in accordance with clause 2.1 for any purpose is prohibited. If you breach any
of the terms in this legal notice, your permission to use the Website
automatically terminates and you must immediately destroy any downloaded or
printed extracts from the Website.
2.3 - Subject to clause 2.1, no part of the Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without the Company's prior written permission.
2.4 - Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 - While the Company endeavours to ensure that the Website is normally
available 24 hours a day, the Company shall not be liable if for any reason the
Website is unavailable at any time or for any period.
3.2 - Access to the Website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond the
Company's control.
4. Visitor Material And Conduct
4.1 - Other than personally identifiable information, which is covered under our
Privacy Policy, any material you transmit or post to the Website shall be
considered non-confidential and non-proprietary. The Company shall have no
obligations with respect to such material. The Company and its designees shall
be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein
for any and all commercial or non-commercial purposes.
4.2 - You are prohibited from posting or transmitting to or from the Website any
material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data
or other malicious software or harmful data).
4.3 - You may not misuse the Website (including, without limitation, by
hacking).
4.4 - The Company shall fully co-operate with any law enforcement authorities or
court order requesting or directing the Company to disclose the identity or
locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links To And From Other Websites
5.1 - Links to third party websites on the Website are provided solely for your
convenience. If you use these links, you leave the Website. The Company has not
reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. The Company
therefore does not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them. If
you decide to access any of the third party websites linked to the Website, you
do so entirely at your own risk.
5.2 - If you would like to link to the Website, you may only do so subject to
the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the
logo of Generator or any of its associated subsidiary or affiliated companies;
(b) you do not create a frame or any other browser or border environment around
the Website;
(c) you do not in any way imply that the Company is endorsing any products or
services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any
other false information about the Company;
(e) you do not otherwise use any trade marks either of Generator or any of its
associated subsidiary or affiliated companies displayed on the Website without
express written permission from the Company;
(f) your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of any
other person or otherwise does not comply with all applicable laws and
regulations.
5.3 - The Company expressly reserves the right to revoke the right granted in
clause 5.2 for breach of these terms and to take any action it deems
appropriate.
5.4 - You shall fully indemnify the Company for any loss or damage suffered by
the Company or any of its group companies for breach of clause 5.2.
6. Registration
6.1 - Each registration is for a single user only. The Company does not permit
you to share your user name and password with any other person nor with multiple
users on a network.
6.2 - Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 - While the Company endeavours to ensure that the information on the Website
is correct, the Company does not warrant the accuracy and completeness of the
material on the Website. The Company may make changes to the material on the
Website, or to the products and prices described in it, at any time without
notice. The material on the Website may be out of date, and the Company makes no
commitment to update such material.
7.2 - The material on the Website is provided "as is", without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent
permitted by law, the Company provides you with the Website on the basis that
the Company excludes all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which,
but for this legal notice, might have effect in relation to the Website.
8. Liability
8.1 - The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering the Website), and any of the Company's
group companies and the officers, directors, employees, shareholders or agents
of any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with the Website in any way or in connection with the
use, inability to use or the results of use of the Website, any websites linked
to the Website or the material on such websites, including but not limited to
loss or damage due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or browsing the
Website or your downloading of any material from the Website or any websites
linked to the Website.
8.2 - Nothing in this legal notice shall exclude or limit the Company's
liability for:
(a) death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 - If your use of material on the Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
9. Governing Law And Jurisdiction
This legal notice shall be governed by and construed in accordance with
Bermuda
law. Disputes arising in connection with this legal notice shall be subject to
the exclusive jurisdiction of the Bermuda courts.
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