Desktop Icon Terms of Use
In this agreement
"We", "Us" and "Our" refer to 18a Productions.
"Client" means any person or business requesting 18a Productions's Services.
"Services" means the creation, promotion, marketing, maintaining and updating of websites or applications - including the Desktop Icon Generator Form.
"Work" means products/services requested by the Client, including but not limited to website work.
This document explains the terms and conditions between the "Client" and "18a Productions".
COPYRIGHT
1.1. The Client confirms that they hold all relevant copyright for all images/pngs uploaded/provided to 18a Productions.
1.2. The Client undertakes to clear any and all third party rights in the images before submitting the material to 18a Productions.
1.3. Copyright in images submitted by the Client is retained by the Client. Our Website and the photographs and images contained therein are copyright 18a Productions.
1.4. The Client consents for 18a Productions to feature their website, name and company logo on www.18aproductions.co.uk and in any promotional activities as part of the portfolio of work.
1.5. 18a Productions retain the intellectual rights and copyright to any and all code produced by us.
DISCLAIMERS
2.1. All thoughts, views and statements expressed on a Client's website or Printed Work do not express the views of 18a Productions and We shall not be held liable for any offence, loss or damage occurring from someone visiting/viewing/reading such material.
2.2. www.18aproductions.co.uk contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that 18a Productions shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
2.3. www.18aproductions.co.uk linking to any external website, including those of Clients, does not act as an endorsement of that company by Us.
2.4. 18a Productions may make changes to the information on www.18aproductions.co.uk at any time and without advance notice.
2.5. In any claim against 18a Productions liability is limited to the value of the service employed in the contract which is the subject of the dispute.
2.6. 18a Productions are in no way responsible for any malfunction of a Client's website if a mistake is made whilst the Client adds in the Desktop Icon code generated.
2.7. 18a Productions are in no way responsible for any malfunction of any Client or 3rd party's computer equipment as a result of installing Google Gears and using the Create Desktop Icon code.
2.8. 18a Productions can not be held liable for future updates of Google Gears, and as such can not guarantee that Desktop Icons will always be available.
SEVERABILITY
3.1. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
NO WAIVER
4.1. No waiver by 18a Productions, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
DISPUTE RESOLUTION
5.1. In the event of a dispute arising out of or in connection with these terms or any contract between you and 18a Productions, you agree to attempt to settle the dispute by engaging in good faith with 18a Productions in a process of mediation before commencing arbitration or litigation.
INDEMNIFY
6.1. You agree to indemnify 18a Productions against any claim or demand, including lawyers' fees, made by any third party due to or arising in any way out of your use of Our Services, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
FORCE MAJEURE
7.1. 18a Productions is not liable for any failure to perform any obligations under these Terms of Use caused by matters beyond reasonable control.
GOVERNING LAW
8.1. This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
