1. IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website under the domain name http://www.vervesketch.com (“Website”) and to any correspondence by email between us and you. Please read the following terms and conditions carefully before using this Website. You may wish to print a copy for future reference.
Using this 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 this Website. This notice is issued by Verve Sketch Software Limited (“Company“). If you have any questions please contact the webmaster at info@vervesketch.com.
1.1 Use of this Website
1.1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice as 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
1.2 Licence
1.2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
1.2.1.1 no documents or related graphics on this Website are modified in any way;
1.2.1.2 no graphics on this Website are used separately from accompanying text; and
1.2.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
1.2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this 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 this Website other than in accordance with clause 1.2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
1.2.3 Subject to clause 1.2.1, no part of this 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.
1.2.4 Any rights not expressly granted in these terms are reserved.
1.3 Service access
1.3.1 While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
1.3.2 Access to this 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.
1.3.3 If a fault occurs, please report it to the webmaster by email at info@vervesketch.com.
1.4 Visitor material and conduct
1.4.1 Other than personally identifiable information, which is covered under the privacy policy at clause 3 below, any material you transmit or post to this 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.
1.4.2 You are prohibited from posting or transmitting to or from this Website any material:
1.4.2.1 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, harassment or inconvenience; or
1.4.2.2 for which you have not obtained all necessary licences and/or approvals; or
1.4.2.3 which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the UK or any other country in the world; or
1.4.2.4 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).
1.4.3 You may not decompile, reverse-engineer or disassemble any part of the Website or its contents or any software used in connection with the Website.
1.4.4 You may not misuse this Website by hacking or to send or distribute multiple unsolicited junk emails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
1.4.5 You may not use this Website for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part of a service or its content.
1.4.6 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 1.4.2.3 or clause 1.4.2.4.
1.4.7 The content of the forums hosted by the Company and its agents is the sole responsibility of the members. At the same time, the Company reserves the right, at its sole discretion, to remove any content from the forums or to ban or restrict anyone from entering or using the forums without warning or liability.
1.4.8 The Company accepts no responsibility whatsoever in connection with or arising from such messages. The Company does not endorse and has no control over the content of messages submitted by others to forums. Messages submitted to forums are not necessarily reviewed by the Company prior to posting and do not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the content of the messages in the forums or the accuracy and reliability of any messages and other materials in the forums. Nonetheless, the Company reserves the right to prevent you from submitting materials to forums and to edit, restrict or remove such messages for any reason at any time.
1.4.9 The Company assumes no responsibility for actively monitoring forums for inappropriate messages. If at any time the Company chooses, in its sole discretion, to monitor the forums, the Company nonetheless assumes no responsibility for the content of the messages, no obligation to modify or remove any inappropriate messages, and no responsibility for the conduct of the user submitting any message. In submitting messages to forums, you waive any legal rights you may have against the Company and agree that the Company accepts no liability whatsoever if it determines to prevent your messages from being submitted or if it edits, restricts or removes your messages.
1.4.10 You are solely responsible for the content of your messages and you must comply with any rules posted by the Company. By submitting messages to any forum you agree to indemnify and hold harmless the Company from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you.
1.5 Links to and from other Websites
1.5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this 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, any material found within or any results that may be obtained by using, them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
1.5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate the home page of this Website, and subject to the following conditions:
1.5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company logo;
1.5.2.2 you do not create a frame or any other browser or border environment around this Website;
1.5.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
1.5.2.4 you do not misrepresent your relationship with, nor present any other false information about, the Company;
1.5.2.5 you do not otherwise use any Company trade marks displayed on this Website without express written permission from the Company;
1.5.2.6 you do not link from a website that is not owned by you;
1.5.2.7 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; and
1.5.2.8 you do not link to a page on this Website other than the homepage.
1.5.3 The Company expressly reserves the right to revoke the right granted in clause 1.5.2 for breach of these terms and to take any action it deems appropriate.
1.5.4 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 1.5.
1.6 Registration
1.6.1 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.
1.6.2 Responsibility for the security of any passwords issued rests with you.
1.7 Disclaimer
1.7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
1.7.2 The material on this 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 this 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 this Website.
1.7.3 Except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on this Website in any way. Except for the Company identified information, products or services, all information, products and services offered on the Website generally are offered by third parties that are not affiliated with the Company.
1.8 Liability
1.8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this 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 any way or in connection with:
1.8.1.1 this Website;
1.8.1.2 the use, inability to use or the results of use of this Website;
1.8.1.3 any websites linked to this Website or the material on such websites;
1.8.1.4 your downloading of any material from this Website or any websites linked to this Website; or
1.8.1.5 viruses, worms, trojan horses or other code or defects that manifest contaminating or destructive properties that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
1.8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
1.8.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
1.8.2.2 fraud; or
1.8.2.3 misrepresentation as to a fundamental matter; or
1.8.2.4 any liability which cannot be excluded or limited under applicable law.
1.8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
1.9 Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with law of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.
2. QUERIES
Any queries or comments about this website should be directed to us via email at info@vervesketch.com.
3. PRIVACY POLICY
3.1 Introduction
3.1.1 Verve Sketch Software Limited (“we” or “us”) is committed to preserving the privacy of all visitors to this website. This policy (together with our terms and conditions above sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
3.1.2 By using this website you consent to the collection, use and transfer of the information that you provide to us in accordance with the terms of this policy.
3.1.3 We reserve the right to change the contents of this website, including this policy at any time, by posting such changes on the website. It is your responsibility to familiarise yourself with the policy regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised policy.
3.2 Information Collection
3.2.1 When you visit, register with, or order products from this website you may be asked to provide certain information about yourself (including your name, contact details and credit or debit card information).
3.2.2 We may also collect information about your usage of this website as you and others browse our website (see section on “cookies” 3.6), as well as information about you from messages you post to the website and emails or letters you send to us.
3.3 Use Of The Information We Collect
3.3.1 Your personal information will enable us to provide you with access to all parts of our site and will be used for several general purposes, including: administering our business activities; providing products you have requested; processing any monetary payment; and keeping you up to date with our products and services. You acknowledge and agree that we may make available or disclose to third parties information about you in connection with any of these purposes. This may include, amongst other things, passing your details on to payment processing agencies, such as PayPal in order to administer your account and process payments.
3.3.2 We may also use your data to provide other information which we think you may find of interest and may allow carefully selected third parties to contact you occasionally about product or services which may be of interest to you. We and any such third parties may contact you by post, telephone or fax, as well as by email. Where relevant, you are given the opportunity to opt-out of receiving this information at the appropriate section of the website when you register your details.
3.3.3 If you no longer wish to be contacted in the future by us, please send an email to info@vervesketch.com and insert “unsubscribe” or “stop” as the appropriate subject heading or write to the following address: Marketing and Legal Department, Verve Sketch Software Limited, 1 Jeremy’s Barn, Lily Lanes, Ashton-U-Lyne, England, OL6 9AE. Please give your name, postal address details and your email address.
3.4 Data Retention
We will retain the personal information provided by you for as long as is reasonably necessary for the purposes listed in this policy.
3.5 Disclosure Of Information
3.5.1 The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff, to any member of our group of companies and/or third parties for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf.
3.5.2 We may also pass aggregate information on the usage of our site and services onto third parties, but this will not include information that can be used to identify you.
3.5.3 If we sell, assign or transfer the assets of its business, or if its business is merged, or enters into a joint venture with another business entity, we reserve the right to sell or transfer the databases maintained by us in connection with its business (including any personal information provided by you).
3.5.4 We may disclose personal information in response to a legal process, for example, in response to a court order. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, non-compliance with of our terms and conditions, or as otherwise permitted or required by law and consistent with legal requirements.
3.6 Cookies
3.6.1 Similar to other commercial websites, our website utilises a standard technology called “cookies” and web server log files to collect information about how our website is used. Information gathered through cookies and Web server logs allow us to monitor website traffic and to personalise the content of the site for you.
3.6.2 A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.
3.7 IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.
3.8 Security
We employ security measures which aim to protect the information provided by you from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.
3.9 Accessing And Updating Your Information
3.9.1 You are entitled to see a copy of the personal information that we have collected online and that we maintain (about you). If you wish to do this, please email us at info@vervesketch.com. We may charge a small fee to meet out costs in providing you with these details.
3.9.2 You may ask us to make changes to the information provided by you and/or held about you, to ensure that it is accurate and kept up to date. You may also request that we cease processing your personal information and that we delete you from our database or records. Please note that it may be impossible to completely delete your information because of back-ups and records of deletions.
3.9.3 We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.
3.10 Contact
All comments, queries and other requests relating to our use of your information should be addressed to the webmaster at info@vervesketch.com or by post to Marketing and Legal Department, Verve Sketch Software Limited, 1 Jeremy’s Barn, Lily Lanes, Ashton-U-Lyne, England, OL6 9AE.
Issue date: October 2011