Terms and Conditions

Our company makes the materials; including all information, documents, communications, files, text, graphics, software, whether made available from the internet, email or other media (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.

For those Materials made available for download from this Site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Our company is not a party to such Third Party Agreements and our company's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

Limited License

Our company authorises you to use a single copy of the Materials solely for personal use, provided that you observe all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Certain code found in the Materials is specifically referenced as sample software code ("Sample Code"). If such Sample Code is accompanied by a License Agreement then the terms of the License Agreement shall govern. If a License Agreement does not accompany or is not included with the Sample Code then such Sample Code shall be governed by these Terms and Conditions and you may copy, perform, display, distribute, create derivative works, modify, and sublicense through multiple channels such Sample Code (in whole or in part).

Ownership; Restrictions

The copyright and ownership interests in all Materials is held by our company and its suppliers and protected by U.K. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorised use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Term; Termination

These Terms and Conditions are effective until terminated by our company. Our company may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of our company and others. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of our company's trademark, service mark or logo used or displayed in the Materials without the prior express written permission of our company. When used with our company's permission, all trademarks must be identified as trademarks of our company using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of our company in a footnote at the end of the communication.

Patents

Our company's technology and products, including products that may be available as part of the Materials, may be protected by one or more United Kingdom and/or international patents or patents pending.

Product and Performance Information

Product performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products. Any difference in hardware or software may affect actual performance, and buyers should consult other sources of information to evaluate the performance of our company's products.

Personal Information

Information submitted to our company through the Site is only used within the scope of the provided services and will not be shared with any third parties. Although our service is fully automated and in most cases there is no human intervention, printed documents may be viewed when handled by printers. We also use analytic systems to benchmark and evaluate our campaigns and sales using third party software (such as Google Analytics).

User Submissions

Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be considered confidential or proprietary. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libellous, defamatory, obscene or pornographic material or any other material that would violate any law.

Links to Other Sites

Our company makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-Delphi Labs sites or materials does not imply that Delphi Labs endorses or accepts responsibility for the content or use of such sites or materials.

Access to Password-Protected or Secure Areas

Delphi Labs may restrict some areas of the Site to authorised users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorised users only. Unauthorised individuals attempting to access these areas may be subject to civil liability and criminal penalties.

Third Party Products and Services

This Site mentions third party products and services for informational purposes. Delphi Labs makes no recommendations or endorsements about any third party products or services.

LIMITATION OF LIABILITY

UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DELPHI LABS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF DELPHI LABS OR AN DELPHI LABS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

Export Laws; Notice to U.S. government users

By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.K. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United Kingdom and foreign government export controls and approvals.