The following terms and conditions govern all use of this website, located at www.redflex.co.uk ("Site"), and all content, services and products ("Products") available at or through the Site or our Products ("our Network"). Our Network is owned and operated by Redflex, LLP. (“Redflex”). Our Network is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Redlfex’s Privacy Policy) and procedures that may be published from time to time on this Site by Redflex (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using our Network. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Redflex, acceptance is expressly limited to these terms. Our Network is available only to individuals who are at least 13 years old.
- Your Redflex Account. If you create an account on our Network, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your public profile or account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Redflex may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Redflex liability. You must immediately notify Redflex of any unauthorized uses of your account or any other breaches of security. Redflex will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
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Responsibility of Contributors. If you operate
a Product, comment on a Product, post material to our Network,
post links on our Network, or otherwise make (or allow any third
party to make) material available by means of our Network (any such
material, “Content”), You are entirely responsible for the content
of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Redflex or otherwise.
By submitting Content to Redflex for inclusion on our Network or your Website, you grant Redflex a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Redflex will use reasonable efforts to remove it from the Network, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Redflex has the right (though not the obligation) to, in Redflex’s sole discretion (i) refuse or remove any content that, in Redflex’s reasonable opinion, violates any Redflex policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Network to any individual or entity for any reason, in Redflex’s sole discretion. Redflex will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services and Products are available on our Network. By selecting a premium service you agree to pay Redflex the monthly or annual subscription fees indicated for that service or Product. Payments will be charged on the day you sign up for a premium service, unless otherwise indicated, and will cover the use of that service for a monthly or annual period as stated. Premium service fees are non-refundable.
- Responsibility of Website Visitors. Redflex has not reviewed, and cannot review, all of the material, including computer software, posted to our Network, and cannot therefore be responsible for that material’s content, use or effects. By operating our Network, Redflex does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Network may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Network may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Redflex disclaims any responsibility for any harm resulting from the use by visitors of our Network, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Network links, and that link to our Network. Redflex does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, Redflex does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Redflex disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
- Copyright Infringement and DMCA Policy. As Redflex asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Network violates your copyright, you are encouraged to notify Redflex by emailing dmca at redflex.co.uk. Redflex will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Redflex or others, Redlfex may, in its discretion, terminate or deny access to and use of our Network. In the case of such termination, Redflex will have no obligation to provide a refund of any amounts previously paid to Redflex.
- Intellectual Property. This Agreement does not transfer from Redflex to you any Redflex or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Redflex. Redflex, Hydrogen, Redflex.co.uk, the Redlfex logo, and all other trademarks, service marks, graphics and logos used in connection with our Network, are trademarks or registered trademarks of Redflex or Redflex’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Network may be the trademarks of other third parties. Your use of our Network grants you no right or license to reproduce or otherwise use any Redflex or third-party trademarks.
- Changes. Redflex reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to our Network following the posting of any changes to this Agreement constitutes acceptance of those changes. Redflex may also, in the future, offer new services and/or features through the Network (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Redflex may terminate your access to all or any part of the Network at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Redflex account (if you have one), you may simply discontinue using the Network. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Our Network is provided “as is”. Redflex and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Redflex nor its suppliers and licensors, makes any warranty that our Network will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Network at your own discretion and risk.
- Limitation of Liability. In no event will Redflex, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Redflex under this agreement during the twelve (12) month period prior to the cause of action. Redflex shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of our Network will be in strict accordance with the Redflex Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of our Network will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification.You agree to indemnify and hold harmless Redflex, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Network, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Redflex and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Redflex, or by the posting by Redflex of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Network will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Lincoln, Lincolnshire. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Redflex may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.