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Insights Limited maintains this website (“Web site” (“www.keyitsolutions.com")
and its contributions to Partner Sites (as defined below,
and collectively with the Website) as a service to its customers
and partners.Your use of the site and our service will be
subject to the terms of this agreement page ("Agreement").
This Agreement may change from time to time. Use of Service
after a change will be subject to the new terms of Agreement.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT
USE THE SITE OR DOWNLOAD ANY MATERIALS FROM IT
You agree that this Agreement (and, if you
are a user who has registered on this Site ("Registered
User"), any provisions included in the registration process)
is the complete and exclusive statement of the agreement between
Insights and you, which supersedes any proposal or prior agreement,
oral or written, and any other communications between you
and Insights relating to the subject matter of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY, AND
PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES.
Use of our Sites is limited to individuals
who can form legally binding contracts under applicable law,
and without limiting the foregoing, our services are not available
to minors.
In addition, when using any particular service of the Sites,
you may be subject to additional guidelines or terms and conditions
applicable to such services that may be posted from time to
time, which are hereby incorporated into this Agreement.
Copyright
Insights owns the website www.keyitsolutions.com and may exclude
any individual or company from the site at its sole discretion.
The Service and all the associated materials, including but
not limited to web page content, reports, articles, graphical
. images, interactive applications, audio clips, and video
clips (the "Content"), are protected by copyright
and are owned by Insights or its licensors.
You may not modify, publish, transmit, or otherwise distribute
directly or by using links any Content to any third person
except for your non-commercial, personal use. Some of the
content appearing on the site is news and as such releases
are not obtained from individuals or entities for the use
of the name, likeness, or trademarks. It is your sole obligation
to determine if your uses require releases or permission,
and to obtain the necessary releases.
Insights and its respective logos are trademarks of Insights.
All other trademarks on the Service are the property of their
respective holders.
You are granted a terminable, non-exclusive license to use
and display the Service, and to download materials available
through the Service. You may not transfer, assign, sub-license,
lend, or re-sell the rights granted under this license. You
may only link to the home page (www.keyitsolutions.com), you
may not link to the content of this site without the written
permission of Insights.
Content may be subject to more restricted license conditions
of the copyright owner. In particular, Content that is purchased
is subject to a separate limited distribution and use license
provided by the owner of the Content. It is the responsibility
of the purchaser of such Content to determine the terms and
conditions of such licenses.
Content may refer to material and link to web sites that contain
material that is the copyright of the organisation declaring
their copyright notice.
You will be charged £25 to re-edit
each duplicate content posted on the www.keyitsolutions.com
website from your website or other websites other than www.keyitsolutions.com.
General
This Site acts as a forum & Information/research Provider
that enables you to locate and identify certain vendors of
software and services ("Vendors"). Insights does
not control the timing of or manner in which any Vendor's
products or services ("Products") are delivered
to you and does not guarantee the completion of any transaction.
Trademark Information
All brand, product, service, and process names appearing on
this Site are trademarks of their respective holders. Insights
trademarks may be used publicly with written permission only
from Insights. Fair use of Insights trademarks in advertising
and promotion of Insights products requires proper acknowledgement.
Reference to or use of a product, service, or process does
not imply recommendation, approval, affiliation, or sponsorship
of that product, service, or process by Insights.
Using the Site
Insights has agreed to provide certain of its content and
other propriety material to its partners (the "Partners")
on their websites (the "Partner Sites"). All the
text, ../images, marks, logos, compilations (meaning the collection,
arrangement and assembly of information), and other content
of the Website, all of the foregoing provided by Insights
to the Partner Sites, and any of the foregoing sent to you
by e-mail or other means (collectively, the "Sites Content")
are proprietary to us or to third parties.
Insights authorizes you to view, download,
and print the Sites Content subject to the following conditions:
- you may only download and print the Sites Content in
limited quantities as required to evaluate whether the
goods and services of Insights are appropriate for your
use;
- you many not use any automated process or software program
to view, download, print or otherwise use Sites Content;
you may not use any of the Sites Content for the purpose
of soliciting, for any service or product, companies that
have information included in the Sites Content;
- you may not modify the Sites Content; any displays or
print outs of the Sites Content must be marked "©
Insights Ltd., 2003. All rights reserved."; and you
may not remove any copyright, trademark, or other proprietary
notices that have been placed in the Sites Content.
- Except as expressly permitted above, copying; modifying;
storing for any period of time, for any use other than
specified in (i) above; reproduction; redistribution;
republication; uploading; posting; transmitting; distributing
or otherwise exploiting in any way the Sites Content,
or any portion of the Sites Content, is strictly prohibited
without the prior written permission of Insights. To request
permission, you may contact Insights at info@keyitsolutions.com.
All software used on the Sites is proprietary
to us or to third parties, and except as may be required to
exercise the foregoing license grant, any use, redistribution,
sale, decompilation, reverse engineering, disassembly, translation
or other reduction of such software to human-readable form
is prohibited.
The marks Insights ® are proprietary
to us, and they may not be used in connection with any service
or products other than those provided by Insights, in any
manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Insights.
You agree, and represent and warrant, that
your use or other exploitation of the Sites and the Sites
Content, or any portion thereof, will be consistent with the
foregoing license and restrictions and will neither infringe
nor violate the rights of any other party or breach any contract
or legal duty to any other parties. In addition, you agree
that you will comply with all applicable laws, regulations
and ordinances relating to the Sites, the Sites Content or
your use of them, and you will be solely responsible for your
own individual violations of any of them.
Passwords
If you are a Registered User, Insights will issue to you certain
passwords and user identification numbers for access to certain
areas of the Site. You agree not to disclose such passwords
and user identification numbers issued to you to any third
party.
Permitted Use, Limitations on Use
You may access and download the Material you pay for only
as required to view the Material on your web browser for your
individual use, maintaining all copyright and other notices
on the Material. You may print a single copy of Material for
your use. You may not republish or distribute any Material
or use the Material, in any fashion that is not specifically
permitted in this Agreement. You agree to comply with all
notices and requirements accompanying Third-Party Content.
Although the Sites Discuss Technology and
Other Issues, the Sites Itself Do Not Provide Specific Recommendations
or Advice.
The Sites are designed to provide useful
publications and a forum for those interested in information
technology and other matters related to technology. The Sites
do not provide specific recommendations for any particular
situation or circumstances, even if materials cited on, identified
by or obtained as a result of using the Sites do so. Such
recommendations may only be provided by a qualified professional
advisor who is familiar with your particular circumstances
and other relevant information.
In part because Insights is not involved
in the purchase or sale of any materials that the Sites may
discuss, if a dispute arises between you and any seller or
purchaser of such materials, you understand that Insights
has no obligation to become involved, and you hereby release
Insights from all claims, demands and damages (actual, consequential
or otherwise) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
from or relating to any such dispute. You hereby waive any
legal protections of any jurisdiction that may apply to you
that would limit the foregoing release in any way.
Links to other third Party sites
Any links on this Web site may let you leave the Insights
Site and go to other Web sites. The linked sites are not under
the control of Insights, and Insights is not responsible for
the content, the accuracy thereof or any other aspect of any
linked site or any link contained in a linked site. Insights
reserves the right to terminate any link or linking program
at any time. Insights does not endorse companies or products
to which it links and reserves the right to note as such on
its Site. If you decide to access any of the third party sites
linked to this Site, you do this entirely at your own risk.
Termination of Access
If you breach any of the terms or conditions of this Agreement,
Insights may, at its sole discretion, (a) suspend your access
to certain areas of the Site or (b) terminate your access
to certain areas of the Site. Whether or not a breach results
in suspension or termination depends on several factors, including
but not limited to the severity of the breach, the potential
harm to other users or to Insights, and whether or not the
breach is repeated or cured. If Insights suspends or terminates
your right to access or use the Insights Site then Insights
shall, within 24 hours, provide notice to you of such action.
Upon termination, you will immediately destroy the Materials
and all licenses herein shall immediately terminate.
Disclaimer
THE SERVICE, ITS CONTENT, REPORTS, ADVICE AND ANY EXECUTABLE
PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. INSIGHTS ASSUMES NO
RESPONSIBILITY FOR ERROR OR OMISSIONS IN THESE MATERIALS AND
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS OR
ANY LINKED THIRD PARTY SITE IN TERMS OF ITS CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
INSIGHTS DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS
OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD
EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY
YOU. INSIGHTS IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS
OR OMISSIONS IN ANY SUCH PROGRAMS, AND INSIGHTS DOES NOT WARRANT
THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL
BE CORRECTED.
INSIGHTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE
OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF
ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT;
OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY
TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH
THE SERVICE, EVEN IF INSIGHTS HAS BEEN ADVISED OF THE LIKELIHOOD
OF SUCH DAMAGES. IN NO EVENT SHALL INSIGHTS TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED
£100.
NO ADVICE OR CONTENT PROVIDED AS PART OF THIS SERVICE OR BY
ANY THIRD-PARTY USING THIS SERVICE IS TO BE TAKEN OR USED
AS INVESTMENT ADVICE OR AS A RECOMMENDATION OR DISCOURAGEMENT
TO BUY OR SELL SHARES IN ANY COMPANY.
Your Indemnity of Insights
You agree to indemnify and hold Insights harmless from all
causes of action, claims and allegations (whether threatened
or pending), costs, fees, charges, and expenses (including
reasonable attorneys' and professionals' fees), judgments,
damages, losses, and liabilities arising from or relating
to the breach or alleged breach of your duties or obligations
under this Agreement or your use of the Sites or Sites Content.
For any indemnified matter, Insights will have full control
of the response thereto and the defence thereof, including,
without limitation, any agreement relating to the settlement
thereof, and you will cooperate with Insights in such matter.
Insights may, at their option, terminate
any person or entity's access to any or all of the Sites upon
any breach of the terms and conditions of this Agreement.
Release
Insights is not a party to any actual engagement between Vendors
and you. As a result, Insights has no control over the quality,
safety or legality of Vendors or their services. You are wholly
responsible for all activities conducted through your account
in accessing the Site. Insights cannot and does not control
whether or not Vendors will complete their services or other
obligations. Further, it is not commercially reasonable for
Insights to authenticate the Vendors, and Insights cannot
and does not confirm that each Vendor is who it claims to
be. Insights encourages you to develop safe business practices
when using the Internet. Insights also encourages you to communicate
directly with Vendors from the Web Site to help you evaluate
with whom you are dealing. You release Insights (and its agents
and employees) from all claims, demands and damages of every
kind and nature (including, but not limited to, actual, consequential,
special, punitive and incidental damages), known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with your relationship with
the Vendors or the services provided by the Vendors or any
actions or omissions of a Vendor. In no case will Insights
be liable for any legal actions brought against you by such
Vendors.
User Submission
Any material, information or other communication you transmit
or post to this Site will be considered non-confidential and
non-proprietary ("Communications"). Insights will
have no obligations with respect to the Communications, provided
that any personally identifiable information shall be handled
in the manner set forth below. Insights and its designees
will be free to copy, disclose, distribute, incorporate and
otherwise use the Communications and all data, ../images,
sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes, provided that any
personally identifiable information shall be handled in the
manner set forth below. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening,
libellous, defamatory, obscene, pornographic, or other material
that would violate any law or any rights of a third party.
Use of personally identifiable information
Personally identifiable information submitted by you to Insights
through forms on the Site is treated according to Insights
Privacy Policy located on this Site. You agree you have read
and understand the Privacy Policy.
User chat rooms
Insights may, but is not obligated to, monitor or review any
areas on the Site where users transmit or post communications
or communicate solely with each other, including but not limited
to chat rooms, bulletin boards or other user forums, and the
content of any such communications. Insights, however, will
have no liability related to the content of any such communications,
whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Insights does not make any
endorsements of such communications nor representations that
such communications are true and accurate. You should be cautious
when acting on information provided by contributors to these
chat rooms, bulletin boards and other forums. You should not
rely upon the information and opinions of the chat rooms,
bulletin boards or other forums.
Applicable Law and Jurisdiction
The Sites (excluding links) are controlled by Insights and
operated by Insights from its offices in and around Greenwich,
London. Although Insights has made no effort to publish the
Sites elsewhere, because the Sites are published on the World
Wide Web it is accessible in UK, Europe, USA and other countries.
As each of these places has laws that may differ from those
of UK and from each other, and as you and Insights both benefit
from establishing a predictable legal environment in which
to operate, use or otherwise exploit the Sites, by using the
Sites you and Insights agree that all matters arising from
or relating to the use and operation of the Sites will be
governed by the substantive laws of UK, without regard to
its conflicts of laws principles. You agree that all claims
you may have arising from or relating to the operation, use
or other exploitation of the Sites will be heard and resolved
in the courts in London, UK. You consent to the personal jurisdiction
of such courts over you, stipulate to the fairness and convenience
of proceeding in such courts, and covenant not to assert any
object to proceeding in such courts. If you choose to gain
access to the Sites from locations other than London, UK,
you will be responsible for compliance with all local laws
of any such other location.
Miscellaneous.
No delay or omission by Insights in exercising any of its
rights occurring upon any non compliance or default by you
with respect to any of the terms and conditions of this Agreement
will impair any such right or be construed to be a waiver
thereof, and a waiver by Insights of any of the covenants,
conditions or agreements to be performed by you will not be
construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement hereof contained.
As used in this Agreement, "including" means "including
but not limited to." The captions of this Agreement have
been inserted solely for convenience of reference, in no way
define or limit the scope or substance of any provision of
this Agreement, and will not be considered in interpreting
this Agreement. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid or unenforceable,
then this Agreement will remain in full force and effect and
will be reformed to be valid and enforceable while reflecting
the intent of the parties to the greatest extent permitted
by law. Except as otherwise expressly provided herein, this
Agreement sets forth the entire agreement between you and
Insights regarding its subject matter, and supersedes all
prior promises, agreements or representations, whether written
or oral, regarding such subject matter.
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