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DATA CENTRE DYNAMICS TERMS & CONDITIONS
1.1. This website (“www.datacenterdynamics.com”) is operated by Data Centre Dynamics Limited registered in England and Wales, no. 06799556 Registered Office: 30 City Road, London, EC1Y 2AB, business address: 102-108 Clifton Street, London, EC2A 4HW, UK.
1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
1.3. Additional terms shall apply:
1.3.1. to any purchases you make through the Website;
1.3.2. to any booking you make through the Website; and
1.3.3. where you are given an opportunity to place advertisements for goods or services on the Website.
The copyright and all other rights in the material on the Website are owned by Data Centre Dynamics Limited or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Data Centre Dynamics Limited.
3. Prohibited use
You agree not to use the Website:
to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services)
to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
to disseminate any material which compromises the privacy or security of anyone other than yourself;
to disseminate any material which does or may bring Data Centre Dynamics Limited or any of its brands or subsidiaries into dispute or in any way damage their reputation;
to disseminate any material where use of the material by Data Centre Dynamics Limited, or any third party licensed or permitted by Data Centre Dynamics Limited, will give rise to any third party claims; or
to post link(s) that take users to material that contravenes any of the above restrictions.
4. User Generated Content
4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
4.1.1. grant Data Centre Dynamics Limited the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant to Data Centre Dynamics Limited that all such content complies with the provisions of Clause 3; and
4.1.3. acknowledge that Data Centre Dynamics Limited may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Data Centre Dynamics Limited.
4.2. Data Centre Dynamics Limited reserves the right (but not the obligation) at its sole discretion to refuse, review edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Data Centre Dynamics Limited will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Data Centre Dynamics Limited is aware of it. If you object to the publication of any material placed on the Website please contact Data Centre Dynamics Limited using the contact us link (usually at the bottom of the Website) and we will take whatever action we deem appropriate.
4.3. Data Centre Dynamics Limited accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
5. Use of Software
5.1. Copyright in any software that is made available for download from the Website and/or the Data Centre Dynamics Limited Materials belongs to Data Centre Dynamics Limited or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
6. Links to other websites
6.1.Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the 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 them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 You may link to the Website but strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
6.2.1. you do not remove, distort or otherwise alter the size or appearance of the Data Centre Dynamics Limited logo
You do not create a frame or any other browser or border environment around the Website;
6.2.2. You do not in any way imply any endorsement by Data Centre Dynamics Limited other than with its written consent or misrepresent your relationship with Data Centre Dynamics Limited;
6.2.3. You do not use any logos or trade marks displayed on the Website without the express written permission of Data Centre Dynamics Limited;
6.2.4. You do not link from a website that is not owned by you; and
6.2.5. Your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7. Trade Marks
7.1. All Data Centre Dynamics Limited trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Data Centre Dynamics Limited and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade mark and/or domain names without the prior written consent of Data Centre Dynamics Limited other than for the purpose of referring to Data Centre Dynamics Limited and its associated brands lawfully and in good faith (only).
8.1. To access certain parts of the Website, Data Centre Dynamics Limited may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data"); and
8.1.2. Maintain and promptly update the Registration Data to keep it fully up to date.
8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
8.3.1. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
8.3.2. immediately notify Data Centre Dynamics Limited if you become aware of any unauthorised use of your user name and password or any other breach of security by sending an appropriately worded email to the contact details shown on the Contact section of the Website; and
8.3.3. Ensure that you exit from your website account at the end of each session.
Data Centre Dynamics Limited cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
9.1. Whilst Data Centre Dynamics Limited endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time, and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
9.2. You acknowledge that whilst Data Centre Dynamics Limited endeavours to ensure that information on the Website and any related material provided to you by Data Centre Dynamics Limited, whether by email or otherwise (“the Data Centre Dynamics Limited Materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Data Centre Dynamics Limited. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Data Centre Dynamics Limited or any of its brands and that the Data Centre Dynamics Limited Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
9.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Data Centre Dynamics Limited. No liability shall be accepted by Data Centre Dynamics Limited for any inaccuracy or omission in the information provided on the Website or the Data Centre Dynamics Limited Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
9.4. Data Centre Dynamics Limited will use reasonable endeavours to ensure that the Website and the Data Centre Dynamics Limited Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Data Centre Dynamics Limited excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the Data Centre Dynamics Limited Materials.
9.5. Data Centre Dynamics Limited will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
9.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Data Centre Dynamics Limited has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Data Centre Dynamics Limited therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Data Centre Dynamics Limited gives no warranty that links to third party sites on the Site shall be marked as such.
9.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Data Centre Dynamics Limited will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Data Centre Dynamics Limited are responsible for their conduct or any contracts that you enter into with them.
9.8. The Website may from time to time contain advertising and sponsorship. Data Centre Dynamics Limited is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Data Centre Dynamics Limited can provide no warranty that it will not take advertisements or sponsorship from your competitors.
10.1. If, for any reason, Data Centre Dynamics Limited believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Clause 10, you agree to compensate Data Centre Dynamics Limited in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Data Centre Dynamics Limited Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
11. Limitation of Liability
11.1. Data Centre Dynamics Limited will not be liable to you for any loss or damage caused by Data Centre Dynamics Limited or its employees or sub-contractors in circumstances where:
11.1.1. There is no breach of a legal duty of care owed to you by Data Centre Dynamics Limited (or its employees or sub-contractors); or
11.1.2. Such loss or damage is not a reasonably foreseeable result of any such breach; or
11.1.3. In respect of any increase in the loss or damage resulting from your actions.
11.2. Nothing in these Terms & Conditions shall exclude or limit Data Centre Dynamics Limited’ s liability for:
11.2.1. Death or personal injury caused by the negligence of Data Centre Dynamics Limited and/or its employees negligence; or
11.2.2. Fraudulent misrepresentation by Data Centre Dynamics Limited and/or its employees.
12. Variation of these Terms & Conditions of Use
12.1. Data Centre Dynamics Limited reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in June 2013.
13.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless Data Centre Dynamics Limited shall elect to bring proceedings in the courts of the country of the user's residence or of principal place of business.
13.2. These Terms & Conditions, as varied by Data Centre Dynamics Limited from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
13.3. No delay or indulgence by Data Centre Dynamics Limited in enforcing the provisions of these Terms & Conditions shall affect Data Centre Dynamics Limited’ s rights under them nor shall any waiver of Data Centre Dynamics Limited ‘s rights operate as a waiver of any subsequent breach.
13.4. No right, power or remedy conferred upon or reserved for Data Centre Dynamics Limited is exclusive of any other right, power or remedy available to Data Centre Dynamics Limited provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
13.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
13.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
13.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.