Disclaimer

These Terms and Conditions of Use (the "Terms of Use") apply to the Data Artistry Ltd., web site located at www.dataartistry.co.uk. The Site is the property of Data Artistry Ltd. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Data Artistry Ltd. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Data Artistry Ltd. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Data Artistry Ltd., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Data Artistry’s express prior written consent.

You may use information on Data Artistry Ltd’s products and services (such as data sheets and similar materials) purposely made available by Data Artistry Ltd. for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Data Artistry Ltd. reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Data Artistry server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Data Artistry Ltd., including any Data Artistry Ltd. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Data Artistry Ltd.’s systems or networks, or any systems or networks connected to the Site or to Data Artistry.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Data Artistry Ltd. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Data Artistry Ltd. or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Data Artistry Ltd’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Pricing and Availability Information

Pricing and availability as set forth in the Data Artistry Ltd. Site are subject to change without notice, and may not be available in all countries. The Data Artistry Ltd. Site may contain references to FileMaker products, services and programs that have not been announced in your country. These references do not imply that FileMaker intends to announce or make available such products, services or programs in your country. Further, the FileMaker Site may contain references to future planned FileMaker products. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and Data Artistry Ltd. makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Data Artistry Ltd. immediately of any unauthorised use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Data Artistry Ltd. or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Data Artistry Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Data Artistry Ltd.’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Data Artistry Ltd.’s Privacy Policy see, http://www.dataartistry.co.uk/privacy.php. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Data Artistry Ltd.’s Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Data Artistry Ltd.’s control, and Data Artistry Ltd. is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

DATA ARTISTRY LTD. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DATA ARTISTRY LTD. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DATA ARTISTRY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATA ARTISTRY LTD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DATA ARTISTRY LTD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DATA ARTISTRY LTD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Data Artistry Ltd. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Data Artistry Ltd. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Data Artistry Ltd. has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Data Artistry Ltd. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Data Artistry Ltd. liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Data Artistry Ltd. (but not including the purchase price for any Data Artistry Ltd.’s software products or any Data Artistry Ltd.’s support program), or (2) GBP £100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Data Artistry Ltd., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Data Artistry Ltd. by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Data Artistry Ltd. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Data Artistry Ltd.’s rights or property, or the rights or property of visitors to or users of the Site, including Data Artistry Ltd.’s customers. Data Artistry Ltd. reserves the right at all times to disclose any information that Data Artistry Ltd. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Data Artistry Ltd. also may disclose your information when Data Artistry Ltd. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Data Artistry Ltd. may preserve any transmittal or communication by you with Data Artistry Ltd. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Data Artistry Ltd. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Data Artistry Ltd., its employees, users of or visitors to the Site, and the public.

You agree that Data Artistry Ltd. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Data Artistry Ltd., for which monetary damages would be inadequate, and you consent to Data Artistry Ltd. obtaining any injunctive or equitable relief that Data Artistry Ltd. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Data Artistry Ltd. may have at law or in equity.

You agree that Data Artistry Ltd. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Data Artistry Ltd. does take any legal action against you as a result of your violation of these Terms of Use, Data Artistry Ltd. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Data Artistry Ltd.. You agree that Data Artistry Ltd. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom without regard to its conflicts of laws provisions.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Data Artistry Ltd. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Copyright Information

A copyright is a property right in an original work of authorship. Copyright is recognised in most countries of the world by statutory copyright laws.

Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

To obtain permission to use Data Artistry Ltd. copyrighted materials or if you have any questions concerning the usage or licensing of Data Artistry Ltd. copyrighted materials, please submit your detailed request in writing. You can e-mail your request to info@dataartistry.co.uk

Third Party Companies and Products

Mention of third-party products, companies and web sites on the Data Artistry Ltd.’s Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Data Artistry Ltd. assumes no responsibility with regard to the selection, performance or use of these products or vendors. Data Artistry Ltd. provides this only as a convenience to our users. Data Artistry Ltd. has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Data Artistry Ltd. assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

The information contained in this Site is subject to change without notice. Copyright © 2009 Data Artistry Ltd

Use of this website signifies your agreement to the Terms of Use. Prices are listed in British Pounds Sterling and are subject to change without notice.