Untitled Document

Resourcebase Terms and Conditions

Definitions

‘Resourcebase’, the ‘system’, the ‘website’, the ‘site’ refers to the digital asset management system owned and operated by Orchard Resourcebase Ltd of Thirsk, UK.

‘You’ and ‘your’ refers to any subscriber to Resourcebase and any user of the Resourcebase websites.

‘Content’ refers to any animations, photographs, images, videos, text, music, sounds and other digital files and data stored with the Resourcebase system.

‘Code’ refers to the computer language and its implementation in text and code that has been created to produce the Resourcebase websites.

Resourcebase Legal Notice

Your use of a Resourcebase website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service.

It is illegal to duplicate, download or distribute any Content from this Site except for your business use, and you are subject to Terms and Conditions of Use.

Terms and Conditions of Use

You agree to augment, access, acquire, and use the Content under the following Terms and Conditions:

1. These Terms and Conditions constitute a legal Agreement between You and Orchard Resourcebase Limited.

2. Orchard Resourcebase Limited grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.

3. You may, subject to the Terms and Conditions of this Agreement, augment, access and acquire the Content, and use the acquired Content for any purposes related to your business activities, provided you do not violate the rights of any third party.

4. You may NOT resell or sublicense the Content for use or distribution by third parties.
You may NOT, under any circumstances, use Content in connection with any pornographic, obscene, immoral, or illegal materials.

5. You understand that Content may be copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright.

6. You understand and agree that Orchard Resourcebase Limited may, in its sole discretion, monitor anything you download from the Resourcebase website, as frequently as Orchard Resourcebase Limited in its sole discretion determines

7. Resourcebase and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Orchard Resourcebase Limited, its employees, directors, and officers, and anyone else associated with Resourcebase disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of Resourcebase will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. Orchard Resourcebase Limited, its employees and officers, and anyone else acting on behalf of Resourcebase also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort.

Orchard Resourcebase Limited, its employees, directors, and officers, and anyone acting on behalf of Resourcebase make no representation or warranty protecting you against loss or corruption of data stored on Resourcebase servers or third-party servers contracted to Resourcebase. Users are strongly advised to ensure that they maintain their own back-up files of ALL data uploaded to Resourcebase.

Orchard Resourcebase Limited, its employees, directors, and officers, and anyone acting on behalf of Resourcebase make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither Orchard Resourcebase Limited, its employees, directors, and officers, nor anyone acting on behalf of the Resourcebase website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

8. In no event will Orchard Resourcebase Limited, its employees, directors, and officers, or anyone else associated with Resourcebase be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if Orchard Resourcebase Limited has been advised of the possibility of such damages. In no event will the liability of Orchard Resourcebase Limited, its employees, or related parties exceed the amount paid by you for accessing or using Resourcebase and for accessing, acquiring, and/or using Content from Orchard Resourcebase Limited. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. You represent and warrant that:
a. You are at least 18 years of age and have the right to enter into this Agreement;
b. You do not reside in any country to which export of UK products are prohibited or restricted;
c. You will not use the Content in any way that is not permitted by this Agreement;
d. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;

10. You agree to fully defend and indemnify Orchard Resourcebase Limited, its employees, directors, and officers, and anyone else associated with Orchard Resourcebase Limited, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including legal fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.

11. You may NOT under any circumstances copy, modify, transmit, publish, re-sell or license any of the Code that has been used to create the Resourcebase system.

12. This Agreement constitutes the entire agreement between You and Orchard Resourcebase Limited regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Orchard Resourcebase Limited to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. UK law governs this Agreement. The parties consent to jurisdiction over them in any UK court, waive any claim or defence that such forum is not convenient, and consent to service of process by any means authorized by UK law.
These Terms of Use shall be governed by and construed in accordance with the UK law.

OTHER LEGAL INFORMATION

Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, you must advise your System Adminstrator immediately.

The design or layout of Resourcebase is protected by UK law and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

Links to third party sites.
Orchard Resourcebase Limited provides links to third-party sites as a convenience to you. Orchard Resourcebase Limited does not control third party sites or links to third party sites. Orchard Resourcebase Limited is not responsible for the content of any linked sites. links to third-party sites are not endorsements by Orchard Resourcebase Limited of such sites.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Privacy statement

Information you supply via the various electronic forms available on our Web site will only be used for the purpose[s] stated. Information you provide in e-mails to us will only be used for the purpose [which we reasonably believe] that you give it to us for.

Information you provide may be used for statistical research but will not be used in any way [beyond its original purpose] that enables you to be identified. You will not receive unsolicited paper or electronic mail as a result of using an electronic form unless we explicitly ask for and get your permission with the exception of system upgrade information which we may send to you occasionally to enhance your use of the system.

With the exception of occasional customer satisfaction surveys concerning the web site we will not send unsolicited e-mails to your address. No marketing information will be collected or stored or disseminated to any third party. If you request us to we will remove your email address from our records.

We do not use cookies for collecting user information from the site other than auto-login and we will not collect any information about you except that required for system administration of the Web server.