Finecast Holdings Limited (“Finecast”) provides this website and its associated services (“Service”). In order to use this Service, you must read and agree with these terms (this “Agreement”). By using the Service, you agree as follows:
1 Licence Terms
1.1 Licence Grant. Finecast grants you (the “User”) the non-exclusive, non-transferable, revocable, limited right to access the Service for User’s personal use on a personal computing device or mobile phone. Unless otherwise authorised, User may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Service (including, without limitation, any screenshots, videos, documentation or manuals relating to the Service) except as provided in this Agreement. All other rights are reserved to Finecast.
1.2 Licence Restrictions. Unless otherwise authorised by this Agreement or Finecast in writing, User shall not:
1.3 Indemnification. User (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, Finecast, its licensors, and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with User’s use of the Service or activities related thereto or User’s violation of this Agreement.
1.4 Term of the Agreement. The grant of licence herein, may be terminated by Finecast at any time, for any reason or for no reason, in Finecast’s sole and absolute discretion, by providing written, electronic or emailed notice to User. User may, at any time and for any reason or for no reason, terminate this Agreement by ceasing to use the Service.
2.1 Finecast Intellectual Property. Except for the revocable, limited licence expressly granted hereunder, Finecast retains all rights, title and interests in and to all intellectual property rights associated with the Service and all copies thereof, use thereof by User, and all content and data in connection therewith including any information or data collected from Users. These rights include, but are not limited to, all intellectual property and other rights in and to User suggestions or comments, including those that may be used in modifying the Service. The Service is copyrighted and is protected by English and United States copyright laws and international treaty provisions as well as other laws. User acknowledges that the Service contains valuable trade secrets of Finecast, and that Finecast and/or its licensors own all intellectual property rights in and to the Service, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, database rights, trademark rights and intellectual property rights therein and thereto. User may not remove the copyright and other proprietary rights notices from the Service. User agrees that this Agreement shall be retained with all copies of the Service and documentation constituting the Service. User agrees to prevent any unauthorised copying or distribution of the Service. Except for the licence as expressly provided herein, Finecast does not grant User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Finecast and/or its licensors.
2.2 Licensed Intellectual Property. Finecast, through arrangements with licensors, may use the Service to incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Service. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
3. Injunctive Relief
User acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that Finecast shall be entitled to temporary and permanent injunctive relief, to restrain User from such breach or threatened breach. Nothing in this Section 3 shall be construed as preventing Finecast from pursuing any and all remedies available to it, including the recovery of money damages from User.
4. No Warranty; No Liability for Damages; No Support; Data
4.1 No Warranty. USER ACKNOWLEDGES THAT THE SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICE IS WITH USER. SHOULD IT PROVE DEFECTIVE FOLLOWING THE RECEIPT BY USER, USER AND NOT FINECAST ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Finecast does not ensure continuous, error-free, secure or virus-free operation of the Service. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
4.2 No Liability for Damages. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FINECAST, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 No Support. Finecast does not provide any guaranteed support for the Service. However, Finecast may provide an e-mail address and/or forum for User to send any questions and/or comments regarding the Service. Finecast does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to User’s e-mail(s) and/or forum postings.
5. Dispute Resolution and Choice of Law
5.1 Informal Resolution. To facilitate the resolution of any controversy related to this Agreement (“Dispute”), you and Finecast agree to first attempt to resolve any Dispute informally for at least 30 days before initiating any court proceeding.
5.2 No Class Action. You and Finecast agree that any Dispute shall be limited to the Dispute between Finecast and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
5.3 Choice of Law and Venue. Each party agrees to submit to the exclusive personal jurisdiction of the English courts. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the laws of England and Wales without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
6.1 Survival. The provisions of this Agreement, other than Section 1.1 shall continue in full force and effect even after termination of this Agreement.
6.2 Severability and Assignment. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. User shall have no right to assign this Agreement.
6.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both Finecast and User. Finecast reserves the right to change the terms of this Agreement at any time upon notice to User on its webpage. Such changes by Finecast shall be effective upon notice to User and User’s continued use of the Service after notice of a change in terms by Finecast shall constitute User’s acknowledgement of and agreement to be bound by such changes.
6.4 Rights of Third Parties. This Agreement is made for the benefit of the parties to it and is not intended to benefit or be enforceable by any other person and does not create any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any person who is not a party to this Agreement.
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