All communications in relation to the Website should be marked for the attention of The nitrio Webmaster and either sent to the above address. The following terms and conditions govern your access and use of the Website, including without limitation, all content displayed on the Website and any facilities we may offer you on the Website (collectively ‘the nitrio Service’).
Your access to the nitrio Service is subject to the following terms and conditions and by accessing the nitrio Service you agree to be bound by the terms and conditions detailed below.
Your use of the nitrio Service
By accepting these terms and conditions you agree:
* to abide by all applicable laws, regulations and codes of conduct
* to be solely responsible for all things from your use of the nitrio Service
* not to disrupt or damage the nitrio Service or do anything which may interrupt or impair its functionality
* not to infringe any third party rights through your use of the nitrio Service
* not to represent yourself in any way as being connected with nitrio without nitrio’ prior written authorisation
* not to copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative or derogatory works from or otherwise extract or re-utilise any material appearing on this Website or connected with the nitrio Service unless expressly permitted by these terms or in writing by nitrio
Intellectual Property Rights
* The content and design of the pages of the Website are subject to copyright owned by nitrio or used under licence from third party copyright owners. All nitrio trade marks, names and logos are the proprietary marks of nitrio. Marks identifying third parties are owned by those third parties
* The nitrio Service is for your personal, non-commercial use and you agree not to distribute or commercially exploit the nitrio Service either yourself or via a third party. You may not make copies of or alter or modify the Java games and may not send or distribute a Java game to any third party
* You may copy, print and distribute any material appearing on the Website provided that:
o the material is to be used only for your own personal use;
o you do not sell or re-supply any material to any third party, whether or not you make a charge for doing so;
o you do not remove any copyright, trade mark or other legal notices associated with any material on the Website; and
o you expressly acknowledge that nitrio is the owner of any such materials
* The licence to copy as set out herein does not authorise incorporation of the content of the Website or any part of it in any other work or publication in any form whatsoever. No part of the Website may be distributed or copied for any commercial means or reproduced, transmitted or stored in any other website or other form of retrieval system.
* The information contained in the Website may include technical inaccuracies or typographical errors. Changes may be made periodically to the information detailed on the Website and will be incorporated in new editions of the Website. nitrio may make improvements or changes in products or programs described on the Website at any time without notice.
* nitrio reserves the right to alter these terms and conditions at any time and it is your obligation to check if any changes have been made. Your use of the Website or the nitrio Service after changes have been made constitutes your acceptance of the new terms and conditions.
Warranty and Remedy
* nitrio warrants that the Java games supplied via the nitrio Service will be reasonably similar to any sample version displayed on the Website if used for the compatible and recommended mobile phones.
* To the fullest extent permitted by applicable law, the foregoing warranty is in lieu of all other warranties or conditions, express or implied, with respect to the nitrio Service and the Java games and nitrio makes no other warranties of any kind, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
* The Website is provided “AS IS” and nitrio gives no warranties, conditions, guarantees or representations, express or implied, that the Website will be available without interruption or that it is error free. nitrio excludes to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this Website or reliance upon the content of this Website provided that nothing in these terms and conditions excludes nitrio’s liability for death or for personal injury arising from the negligence of nitrio or its employees.
* If you are dissatisfied with any part of the nitrio Service, to the extent lawfully permitted, the entire liability of nitrio and your sole and exclusive remedy for breach of these terms and conditions by nitrio shall be, at nitrio’ option, either:
o Return of the price you paid for that part of the nitrio Service with which you are dissatisfied; or
o Repeat of delivery of the applicable Java game
* In no event will nitrio be liable to you for any indirect, special, incidental or consequential damages (including without limitation, loss of revenue, data or use) arising from the use or installing or the inability to use or install the Java game whether in an action in contract, tort (including but not limited to negligence) or otherwise or based on a warranty or any other claim, even if nitrio has been advised of the possibility of such damages.
You irrevocably agree to hold harmless and fully indemnify us and our content providers and to keep us and our content providers indemnified together with any of our officers, employees and agents from and against any and all losses, liabilities, damages, costs or expenses (including legal costs) incurred or suffered by us or our content providers and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, connection with or conduct on the nitrio Service and/or breach of these terms and conditions
nitrio reserves its right to terminate the nitrio Service (or any part thereof), or restrict your access to it and remove and discard any content, without prejudice to any other accrued rights, without prior notice to you for any reason including, without limitation, in such circumstances where:
* there is a regulatory or statutory change limiting our ability to provide the nitrio Service
* any event beyond our reasonable control prevents us from continuing the nitrio Service
* we consider in our sole discretion that you are abusing the nitrio Service or are otherwise acting in breach of the terms and conditions Any such termination will not affect any of your accrued liabilities incurred prior to such termination.
* the Website may include links to other websites. Unless otherwise stated, nitrio does not endorse any linked website nor does it have any responsibility for its content. You may not create a link to the Website from another website or document without nitrio’s prior written approval
* these terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English courts
* These terms and conditions form the entire understanding between you and nitrio relating to your access to the Website and use of the nitrio Service and supersede all previous agreements between us relating to the subject matter hereof. If any provision of these terms and conditions are held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, then such provisions shall be deemed deleted from these terms and conditions and the remaining provisions shall be construed as far as possible to reflect the intention of the parties
* No delay or failure by nitrio to exercise or enforce any right or remedy under these terms and conditions shall constitute a waiver of that right or remedy or any other right or remedy
* the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and the rights and obligations set out herein are personal to you and us.