1.1.https://www.trademarksnorthamerica.com (the “Website”) is an online website owned and operated by Newton Media Limited (“Newton Media”, “we”, “us” or “our"), which enables individuals to receive information about the insurance and reinsurance industries, amongst other information.
2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
2.1. The Website is made available solely for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Website. Our terms of subscription permit commercial use of the Website in some circumstances.
2.2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in Newton Media, or are licensed to Newton Media.
2.3. All third party trade names and trade marks are the property of their respective owners and Newton Media makes no warranty or representation in relation to them.
3. RESTRICTIONS AND OBLIGATIONS
3.2. You will not:
3.2.1. hack, modify, reverse engineer or create derivative works of the Website or any part of it
3.2.2. gain unauthorised access to any part of the Website
3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website
3.2.4. create software which replicates or mimics the data or functionality in the Website
3.2.5. use your access to the Website for the sending of direct marketing
3.2.7. copy or exploit any part of the Website or the content it contains
3.2.8. use the Website or any part of it unfairly or for any illegal or immoral purpose; or
3.2.9. attempt to do any of the acts listed above.
4.1. The Website enables the display of third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit of User Content.
4.2. The views expressed in any User Content are the views of the individual authors and not those of Newton Media unless we specify otherwise.
4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
4.4. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it.
4.5. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVEIN A WAYTHAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN READING USER CONTENT ON ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
5.1. Newton Media provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
5.2. External Sites have not been verified or reviewed by Newton Media and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
5.3. NEWTON MEDIA GIVES NO WARRANTY IN RESPECT OF THE INFORMATION CONTAINED ON THE WEBSITE AND EXCLUDES ALL LIABILITY FOR ANY INCORRECT OR INACCURATE INFORMATION OR MATERIAL THE WEBSITE CONTAINS.
5.4. Newton Media gives no other warranty in connection with the Website and to the maximum extent permitted by law, Newton Media excludes liability for:
5.4.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Newton Media has been made aware
5.4.2. any interruptions to or delays in updating the Website
5.4.3. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website
5.4.4. the availability, quality, content or nature of External Sites
5.4.5. any transaction taking place on External Sites
5.4.6. any transaction with third party retailer taking place on the Website
5.4.7. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website; and
5.4.8. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
5.5. Newton Media does not warrant that the operation of the Website will be uninterrupted or error free.
5.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
5.8. You agree not to use the Website in any way which is:
5.8.2. may give rise to civil or criminal liability for Newton Media; or
5.8.3. which might call Newton Media into disrepute.
7.3. Failure to enforce any term does not constitute a waiver of that term.
7.5. No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.
7.8. All questions, comments or enquiries should be directed to Newton Media. Newton Media will try to respond to within 48 hours.