The Datum System TOU constitutes a legal and binding agreement between McCarthy & Stone plc and its subsidiaries (“McCarthy & Stone”) and the person or legal entity that has accessed the System (“User”). Users’ right to access and use the System, to use or download documents and certain other materials within the System is governed by this TOU.
Users are permitted to access and use the System to view design, development and specification information, contribute to project information and extract such information in the provided downloadable format in order to provide design and development information for McCarthy & Stone’s business purposes. (“Purpose”). You agree to use the system in compliance with this Purpose. McCarthy & Stone reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the System. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the System will be deemed acceptance thereof.
As a registered User of the System do not reveal your Account information to anyone else. Users are solely responsible for maintaining the confidentiality and security of their User Account and for all activities that occur on or through their User Account and you agree to immediately notify McCarthy & Stone of any security breach of your User Account. McCarthy & Stone shall not be responsible for any losses arising out of the unauthorised use of your User Account. Users agree to provide accurate and complete information when registering an Account and Users agree to update registration data to keep it accurate and complete. Users agree that McCarthy & Stone may store and use User registration data to maintain a User Account. User may not create an account for anyone other than User without permission to do so.
Subject to the terms and conditions of this TOU, McCarthy & Stone grants a non-exclusive, non-transferable license to User to access and use the System in accordance with the Purpose. The System may only be accessed and used by Users in connection with the Purpose.
ALL RIGHTS RESERVED
Except as expressly provided otherwise in this TOU, title, ownership, and all rights and interest including, without limitation, patents, copyrights, trademarks, trade secrets, and other intellectual property rights, in and to the Datum System remain with McCarthy & Stone and its licensors. User has only the limited access rights granted with respect to the Datum System expressly set forth in this TOU, and User has no other rights, implied or otherwise. No logo, graphic, sound, content or image from the Datum System may be copied or retransmitted unless expressly permitted by McCarthy & Stone in a separate writing. Access rights to the Datum System are licensed, not sold.
LICENSE BY USERS
User warrants that it has the requisite rights to submit post, reproduce, publish, distribute, or otherwise transmit all data, material, information and media submitted or uploaded by User on or through the System (“Content”). McCarthy & Stone acknowledges that it does not own the Content that User submits to the System in connection with the Purpose.
By submitting, posting, or otherwise making Content available to McCarthy & Stone, or available to any individual or entity on or through the System, each User hereby grants McCarthy & Stone a non-exclusive, royalty free, paid up, worldwide, sub-licensable license to store, display, reproduce, modify and transmit the Content.
User agrees that the information within the System contains proprietary information and material that is owned by McCarthy & Stone and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. User agrees that User will not use such proprietary information or materials in any way whatsoever except for use of the system in compliance with the Purpose. No portion of the System may be reproduced in any form or by any means, except as expressly permitted in these terms. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the System, in any manner, and User shall not exploit the System in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SYSTEM, EXCEPT FOR USE OF THE SYSTEM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Users agree not to use the System, or any portion thereof, to: (a) upload, post or otherwise transmit any Content which violates, misappropriates, or infringes, in any way, upon the rights of others, which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, violent, or racially, ethnically or otherwise objectionable, or which encourages conduct that would constitute a criminal offence, or otherwise violate any law or regulation; (b) access information related to minors or harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with any person or entity; (d) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) upload, post, or otherwise transmit any material which contains software viruses, harmful materials, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, but not limited to, the System; (f) interfere with or disrupt the System, or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System or associated with the System; (g) "stalk", otherwise harass or disparage any person or entity, including, but not limited to, McCarthy & Stone; (h) collect or store confidential or sensitive information, or personal data about any person or entity, without the requisite rights to do so; or (i) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
If McCarthy & Stone are made aware of Content or User conduct that is, or that McCarthy & Stone believes in good faith may be, a violation or potential violation of these TOU, McCarthy & Stone have the right, but not the obligation, to immediately remove or disable access to that Content and/or terminate User’s ability to access the System without notice to the User. McCarthy & Stone may disclose, in its sole discretion, Content or Account information in order to cooperate with any law enforcement authorities or court order.
TERM, SUSPENSION AND TERMINATION
The TOU takes effect on the day an Account has been approved by McCarthy & Stone (the “Effective Date”), and shall continue until the date an Account is terminated (the “Term”).
PROTECTION OF CONTENT
During the Term of this TOU, McCarthy & Stone will use commercially reasonable standards and practices to back up and protect Content. Notwithstanding the foregoing, McCarthy & Stone makes no warranties or representations regarding its back-up practices, and does not warrant that it will be able to restore any lost or damaged Content or other data. User acknowledges that no network security procedures can assure complete network security or prevent all unauthorised access to the System and will immediately notify McCarthy & Stone of any known security breaches affecting the System.
McCarthy & Stone understand that the User will be receiving information relating to the Purpose.
In this Agreement, confidential information means all confidential or proprietary information relating to the Purpose that is disclosed or made available directly or indirectly through the User’s use of the Datum System.
The User undertakes to McCarthy & Stone that it shall:
- Keep the confidential information secret and confidential;
- Not use or exploit the confidential information in any way, except for in connection with the Purpose unless having obtained prior written consent from McCarthy & Stone.
If requested by McCarthy & Stone at any time, the User shall immediately destroy or return to McCarthy & Stone all documents and other records of the confidential information that have been acquired by the User. If the confidential information is stored in electronic form, the User shall erase all such confidential information from its computer and communication systems and devices used by it.
McCarthy & Stone may request the User to certify in writing that it has complied with any of the obligations in the TOU.
The User acknowledges and agrees that:
- The confidential information may not be accurate or complete and McCarthy & Stone makes no warranty or representation (whether express or implied) concerning the confidential information, or its accuracy or completeness; and
- Damages alone would not an adequate remedy for any breach of the TOU by the User. Accordingly, McCarthy & Stone shall be entitled to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this TOU.
User agrees to indemnify, defend (at McCarthy & Stone’s request) and hold harmless McCarthy & Stone and its officers, directors, owners, agents, employees and suppliers (collectively, the "McCarthy & Stone Indemnified Parties") from all damages, losses, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the McCarthy & Stone Indemnified Parties in connection with any third party claim against an McCarthy & Stone Indemnified Party arising out of or related to any claim that the Content or Users’ use of the System violates any applicable law, rule, regulation or the rights of any third party. User shall have the right to conduct the defence of any such claim, provided, however, that McCarthy & Stone shall have the right, at its own expense, to participate in the defence of any matter subject to indemnification hereunder, or to assume the defence and control of such matter User fails to do so, and User shall not settle any such claim without the prior written consent of McCarthy & Stone unless the settlement unconditionally releases McCarthy & Stone of any and all liability.
This Agreement constitutes the entire agreement between you and McCarthy & Stone and governs your use of the System, superseding any prior agreements between you and McCarthy & Stone regarding the System. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. McCarthy & Stone’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. McCarthy & Stone will not be responsible for failures to fulfil any obligations due to causes beyond its control.
By accessing or using the System, User agrees that the Laws of England and Wales shall govern all matters relating to interpretation and enforcement of these TOU and to User’s access to, or use of, the System.
Last updated 10 May 2017.
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Elecosoft is the trading name of Integrated Computing & Office Networking Limited registered in England No 3127766
Our terms and conditions are available on our website