Please read this carefully
20 July 2011
kumoware and kumoHD are tradmarks of Tivarri Limited.
By accessing www.tivarri.com and its associated websites you are agreeing to be legally bound by these terms as modified from time to time (“Terms”). Any use of the site by you after such changes are posted constitutes your agreement to these Terms as modified.
Use of Website
The Website is owned and operated by Tivarri Limited (in these Terms ” Tivarri ” means Tivarri Limited). Tivarri reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.
All intellectual property rights, including copyright, in the content displayed on the Website (“Content”) belong to Tivarri or its licensors. All rights are hereby reserved.
Use of Content
The Website and the Content may only be used for your personal, non-commercial use. For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the pages could be accessed by other users. Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Tivarri. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person. You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.
Links from other sites
Third parties are permitted to link to stories within Tivarri websites, using the URL and quoting the headline and the source website. Brief extracts from a story are permitted provided they are not substantive. Otherwise our material must not be reproduced on a third party site without express authorisation from us. A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the website is part of its own web site unless the third party has obtained the prior written approval of Tivarri. Tivarri reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. Tivarri also reserves the right to change the location and nature of files within the website without explanation or notice; it is the responsibility of the third party to check and update links as necessary.
Limitation of liability and disclaimer
Tivarri obtains the Content from a wide range of sources and it includes facts, views, opinions and information likely to be of interest to users of the Website. While all reasonable care is taken, we do not guarantee the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and Tivarri accepts no liability.Tivarri does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination or that the Website is compatible with any computer systems, software and browsers. All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Tivarri shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of Tivarri.
To the fullest extent allowed by applicable law, you agree that Tivarri will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by Tivarri, even if Tivarri has been advised of the possibility of such damages and even in the event of fault or strict liability.
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.
Links to third party sites
This Website contains links to other websites operated by parties who are wholly separate from Tivarri. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party’s website URLs, or as otherwise signed as such by Tivarri. Such links are provided for your convenience and reference only and Tivarri cannot be held responsible in any way for the content, operation or availability of such websites.
Changes to these Terms
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content. For the exclusive benefit of Tivarri, Tivarri shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Tivarri Limited is a company registered in England and Wales under company number 07355302 whose registered office is at The Innovation Centre, Carpenter House, Broad Quay, Bath, BA1 1UD, United Kingdom.