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PirateCaptain

Terms of Service

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PiratePerfection Disclaimer & Terms of Service

1.         Introduction

1.1     This shall govern your use of our website.

1.2     By using our website, you accept these terms in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3     Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.         Licence to use website

2.1     You may:

(a)      view pages from our website in a web browser;

(b)      download and save files within user restriction, that originate from official sources (i.e. download section);

(c)      download pages from our website for caching in a web browser; and

(d)      print pages from our website,

          subject to the other provisions of this disclaimer.

2.2     Except as expressly permitted by Section 2.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

2.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

2.4     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      exploit material from our website for a commercial purpose; or

(d)      redistribute material from our website.

2.5     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3.         Acceptable use

3.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability   or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      [access or otherwise interact with our website using any robot, spider or other automated means;]

(f)      [violate the directives set out in the robots.txt file for our website; or]

(g)      [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

3.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

3.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

4.         Limited warranties

4.1     We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

4.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.         Limitations and exclusions of liability

5.1     Nothing in this disclaimer will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      exclude any liabilities that may not be excluded under applicable law.

5.2     The limitations and exclusions of liability set out in this Section 5 and elsewhere in this disclaimer:

(a)      are subject to Section 5.1; and

(b)      govern all liabilities arising under the disclaimer or relating to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the disclaimer.

5.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

5.4     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

5.5     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

5.6     We will not be liable to you in respect of any loss or corruption of any data, database or software.

5.7     We will not be liable to you in respect of any special, indirect or consequential loss or damage.

5.8     You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

6.         Paid Services and Purchases

6.1     Services or products provided as a result of any purchase are made on a best-effort basis with no warranties or liability accepted.

6.2     Any service or product provided without explicit time limitation are deemed fully satisfied after you have received 30 days of service and we may, at our discretion, continue to provide the service or product to you on a pro-bono basis.

6.3     Where a service or product is made available to you for an indeterminate amount of time, we reserve the right to limit or remove your access if we so deem it necessary and will provide post-facto notice in such cases with instructions on how to appeal the decision.

6.4     In the event of any purchase that is disputed, reversed or deemed fraudulent by either us or our payment processor, we reserve the right to immediately remove any and all access to the things relating to the purchase in question and any other services or products, whether paid or unpaid that we offer. You also immediately waive entitlement to any remaining time on all services or products currently being provided to you.

6.5     In the event of any purchase claimed to be fraudulent by the purchasing party, the terms of 6.4 will apply. If the claim is later dismissed, you may request reactivation of service by e-mailing [email protected] with your account information, transaction details and a reasonable explanation for the fraud claim. If services were already utilised prior to the claim, we reserve the right to immediately terminate your access in accordance with 6.4 and the transaction shall be considered fulfilled on the basis of your prior usage. Otherwise, if no such utilization of service occurred, you may request either reactivation or refund using the aforementioned e-mail and we reserve the right to require a refund in such a case. An administration fee of the greater of €4 or 15% of the transaction value, up to a maximum of €40 plus any unrefundable fees charged by our payment processor will apply.

6.6     Any transactions brought into a state of dispute such that adjudication is pending shall result in immediate revocation of the service or product until the matter has been settled, at which point the terms of either 6.4 or 6.5 shall apply according to the outcome.

6.7     You agree to reimburse us for costs incurred as a result of any dispute or chargeback arising from dishonest, fraudulent or otherwise bad-faith behaviour/actions on your part. We will utilize details collected from your transaction in pursuit of collection and enforcement.

7.         Variation

7.1     We may revise this disclaimer from time to time.

7.2     The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

8.         Severability

8.1     If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

8.2     If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

9.         Law and jurisdiction

9.1     This disclaimer shall be governed by and construed in accordance with English law

 

 

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