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Terms of use

Version date: November 2016.
Welcome to the PuzzleSales.com website, operated by Sirius Media Services. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms of Use which, together with our Privacy Policy, govern our relationship with you in relation to the site. If you disagree with any of these Terms of Use please do not use this Site.
1. Definitions
“Content” means all or part of any text, graphics, layout, logos, images, audio or film material, product details and/or software published or otherwise available on the Site.
“Customer” means any person or entity who accesses and browses the Site and who may subsequently choose to register and receive Content by downloading from the Site.
“Fee(s)” means the amount(s) payable to Sirius for use of the Content in undertaking the Licensed Use.
“Intellectual Property Rights” means those rights owned by or licensed to Sirius as defined in Clause 6.
“Licensed Use” means use of the Content by the Customer as defined in Clause 7.
“Sirius” means Sirius Media Services Limited (company registration number 2168192, VAT number 420 6895 49) whose registered office is at 37 Lower Brook Street, Ipswich IP4 1AQ.
“Site” means the website located at www.puzzlesales.com.
2. Variations to Terms of Use
2.1. Sirius reserves the right to make changes from time to time to any part of the Site and if necessary to vary these Terms of Use. Any changes made to these Terms of Use will be flagged up by a change made in the ‘Version date’ above.
2.2. Sirius encourages the Customer to revisit this document periodically to ensure that it is at all times fully aware of its contents. The Customer’s continued use of the Site constitutes acceptance of the changes in Terms of Use.
3. Registration
3.1. Access to those areas of the Site which permit the downloading of Content will require the Customer to register. The Customer must provide accurate and complete registration information, and it is the Customer’s responsibility to ensure that such information (including the Customer’s email address) is kept up-to-date and accurate.
3.2. If the Customer registers with Sirius and chooses, or is provided with, a username and password as part of the registration process the Customer must treat the password as confidential and must not disclose it to any third party.
3.3. Registration is at the Customer’s own risk and Sirius will not be liable for any unauthorised activity made using the Customer’s username or password.
3.4. Sirius reserves the right to refuse to accept any username which duplicates another username or which Sirius deems to be inappropriate, offensive, defamatory or in any other way violates these Terms of Use.
4. Customer obligations
4.1. The Customer shall only use the Content for the Licensed Use unless the Customer first obtains the written consent of Sirius to do otherwise. Such consent may be liable to additional Fees.
4.2. The Customer shall not remove, change, adapt, ‘reverse engineer’ or otherwise alter or replicate any of Sirius’s Intellectual Property Rights appearing in the Content.
4.3. Except as provided elsewhere in these Terms of Use, the Customer shall not permit or facilitate the copying, distribution or downloading of the Content by any third party.
4.4. The Customer agrees that by downloading Content and undertaking the Licensed Use it shall not acquire any rights in respect of any Intellectual Property Rights owned by Sirius, nor will it challenge registration of the Intellectual Property Rights owned by Sirius.
4.5. Where the Customer is an individual purchasing Content on behalf of an entity, whether incorporated or unincorporated, the Customer warrants that it is an authorised officer or representative of that entity.
4.6. The Customer accepts responsibility for ensuring that the Content meets its requirements in respect of technical specification. To this end the Site includes samples of each puzzle which may be downloaded free of charge by the Customer for assessment before committing to a purchase.
5. Payment for Content
5.1. In consideration of the provision of the Content the Customer shall pay Sirius such Fee(s) as may be required on the scale of charges on the Site or as may be agreed between the Customer and Sirius.
5.2. Fee(s) shall be paid in advance before the Content can be downloaded and, unless expressly stated otherwise, shall include any relevant taxes.
5.3. No refunds shall be made for Content purchased but not used.
6. Intellectual Property Rights
6.1. Sirius is the owner or licensee of all Intellectual Property Rights in the Site and the Content, all of which are protected by copyright, trademark,
patent and other laws.
6.2. The Customer may not impose on the Site any metatags, hyperlinks or other forms of linkage whatsoever to any other website without first
obtaining Sirius’s written consent.
7. Licensed Use
7.1. Subject to these Terms of Use Sirius grants the Customer a limited, temporary, revocable and non-exclusive licence to access, browse and use
the Site and to download and reproduce the Content for the Customer’s individual use only. The licence may not be assigned, transferred or sublicensed
(in whole or in part) without Sirius’s prior written consent.
7.2. The Content may be used on a once-only basis and only in those print publications and/or websites and/or app(s) nominated by the Customer
at the time of purchase. Should the Customer subsequently wish to use the same Content in additional print publications/websites/apps it must first
obtain the written consent of Sirius to so do. Such consent may be liable to additional Fees.
7.3. The Customer may only store such downloaded Content on its computers and servers until such time as the Content has been published on a
once-only basis. Thereafter the Customer undertakes to erase the Content from its computers and servers. The Customer may not use the Content in
any other way for commercial purposes or financial gain without Sirius’s prior written consent. Any such consent may be liable to additional Fees.
7.4. The Customer must use the Content within 12 months from the date of purchase failing which the licence will lapse.
8. Exclusions and limitations of liability
8.1. Neither Sirius nor any of Sirius’s data providers gives any warranty or guarantee relating to the availability of the Site or that the Site, the
Content or the server(s) that make the Site available are free of error, virus or other harmful components or that the Customer’s use of the Site and
the Content will be uninterrupted.
8.2. Sirius gives no warranty that the Content is suitable to the Customer’s requirements in respect of its technical specification. It is recommended
that the Customer avails itself of the sample downloads as detailed in Clause 4.6.
8.3. From time to time the Site may include links to other websites. The presence of such links does not signify that Sirius endorses such linked
website(s) and Sirius accepts no responsibility for the content of such linked website(s).
8.4. The Customer agrees that Sirius, its directors, employees, agents, representatives or data providers will not be liable (whether in contract, tort
or otherwise) under any circumstances for any loss or damage that may result to the Customer arising from or connected in any way to interruption
of business, data corruption or destruction, computer viruses, system failures or malfunctions, inaccuracies or omissions in the Content or events
beyond Sirius’s reasonable control.
8.5. Notwithstanding any provision of Clause 8.3. Sirius does not exclude or limit its liability for death or personal injury caused by the negligence of
any of its directors, employees or agents, fraudulent misrepresentation occasioned by any of its directors, employees or agents or any liability which
it is not lawful to exclude either now or in the future.
9. Indemnity
9.1. The Customer will indemnify and will keep indemnified Sirius and its data providers against all claims, costs, proceedings, demands, losses,
damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach by the Customer of these terms, the Customer’s
use of any data gathering and extraction tools or by any other action of the Customer that imposes an unreasonable load on Sirius’s data handling
infrastructure or on that of any of Sirius’s suppliers.
10. General
10.1. Where the Customer is required to register to use the Site any contractual or legal relationship between the Customer and Sirius will be
concluded in English.
10.2. All notice shall be given by email to Sirius at info@PuzzleSales.com and to the Customer at the email address provided by the Customer during
the registration process. Notice will be deemed received 24 hours after the email is sent.
10.3. If any part of any provision of these terms is or becomes invalid, void or unenforceable for any reason that shall in no way affect the validity or
enforceability of any other provisions.
10.4. No waiver by Sirius of any breach of these terms shall constitute a waiver of any other prior or subsequent breach.
10.5. These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of
the Contracts (Rights of Third Parties) Act 1999.
10.6. These terms and the Customer’s use of the Site shall be governed by and construed in accordance with English law, and the English courts shall
have exclusive jurisdiction over any dispute which may arise.