These Terms and Conditions (“these Conditions”) govern access to and use of the website located at www.PowerOverEthernet. com (“the Website”) by users and visitors (“user” or “you”). Please read the conditions carefully. Among other things, these conditions describe your responsibilities and limits our liability. By using or accessing the Website you are accepting and will be bound by these Conditions. We may amend these Conditions at any time by posting the amended terms on the Website.
1.1 You are granted a non-exclusive licence to access and use the Website in accordance with these Conditions
1.2 All right, title, interest (including all copyrights and other intellectual property rights) in the Website and its contents (in both print and machine-readable forms) belong to PowerOverEthernet save in respect of original works contained in Postings (as defined below) by you, users or other third parties. You acquire no proprietary interest or other copyright, trade marks or other intellectual property rights in the Website. Except where otherwise specified, the contents of the site are copyright. All other copyright and trademarks are the property of their respective owners.
1.3 You agree that you will only access and use the Website in accordance with all applicable laws, rules and regulations and not to transmit any unlawful, libellous or defamatory material or any profanity, vulgarity, obscenity, pornography or other content that would violate any law or may be considered offensive.
1.4 Except with respect to products and services expressly designated as otherwise the Internet, and the Website as an Internet-based service, is an open environment and therefore potentially insecure (i.e. third parties may be able to read your mail or otherwise monitor your actions). You will refrain from including in any Posting (as defined below) or otherwise disclosing on or in connection with your use of products and services expressly designated as “secure”. You understand and accept that use of the Website is entirely at your own risk.
2.1 You and other third parties with access to the Website may use the Website to advertise, display, or transmit, via electronic mail, or otherwise, goods, products, materials, services, information, or other works of authorship to users of the Website (“Postings”). You will ensure that all Postings made, advertised, displayed, transmitted, distributed or published by you comply with all the requirements established and published by us herein and elsewhere on the Website as well as with all applicable laws, rules and regulations. You warrant and undertake to us that the Postings do not infringe or otherwise violate our rights or the rights of any third parties, including but not limited to intellectual property and other ownership rights (including copyrights and trademarks), any right of confidentiality, privacy rights, and publicity rights or other legally enforceable conditions. All Postings must be appropriate to the Website, in good taste and shall not contain any unlawful, libellous or defamatory material or any profanity, vulgarity, obscenity, pornography or other content that would violate any law or may be considered offensive.
2.2 We may provide Postings and links to other websites to facilitate the exchange of information between you and other users. We do not hold ourselves out as a publisher or seller with respect to the Postings or other websites by you or any other third parties or other websites. We reserve the right to read and edit, amend, cancel, add to or otherwise screen Postings for content and to ensure compliance with these Conditions and the intended use of the Website before adding the Postings to the Website. We reserve the right to utilise screening software and to alter, block or remove any Postings that we are made aware of via this screening software, complaint, or otherwise and that we believe, in our sole discretion, to violate these Conditions and particularly Clause 2.1.
2.3 You understand and expressly agree that the use of PowerOverEthernet’s services pursuant to these Conditions are at your sole risk and that we can take no responsibility for any software or other materials whatsoever provided by you for inclusion in the Website that is lost or damaged in transit or during construction of the Website. No software material will be returned and it is your responsibility to forward only duplicate software and materials for inclusion in the Website if copies are required.
2.4 By making Postings on the Website you grant to us an irrevocable, unconditional, royalty-free, fully paid-up world-wide license to use, advertise, sub-license, distribute and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Postings and any and all information contained therein. Any postings or material which you provide to us will not be subject to any right of confidentiality and we will be free to copy, disclose, distribute, or incorporate this material for any or all commercial or non commercial purposes.
2.5 Any Posting made by you must be in English Text.
If you wish to subscribe for any email newsletters from us which we may in our sole discretion transmit you must submit your details to us through the Website or by email. You should inform us, via email, of any changes in the information provided to us relating to you. We may refuse, in our sole discretion, to provide email newsletters to you for any reason and we will not be obliged to provide such newsletters at all.
4.1 You agree to pay, indemnify, and hold us (and our directors, officers, employees and agents) harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:-
4.1.1 any third party claim, action or allegation of defamation or infringement, misappropriation or violation of copyright or other proprietary rights, of confidence, or of privacy rights or any third party or based on any Postings or other content submitted by you; or
4.1.2 any breach of these Conditions by you; or
4.1.3 any third party claim, action or allegation brought against us arising out of or relating to any Postings by you howsoever arising; or
4.1.4 any claim whatsoever brought against us arising from any inaccuracy or omission in the information on the Website and we make no representations or warranties that the information included on the Website and third party Postings are accurate or complete; or
4.2 For the avoidance of doubt, you acknowledge that any dealings or contracts for the purchase of goods and/or services are solely between you and the party that you deal with unless expressly stated to the contrary by us.
5.1 PowerOverEthernet may suspend or terminate use of or access to the Website by you without notice if:-
5.1.1 you commit a breach or default of these Conditions and fail to remedy it promptly upon receiving notice thereof;
5.1.2 you enter into any arrangement or composition with your creditors or become bankrupt or being a company of a receiver or administrator is appointed or you go into liquidation.
5.2 Expiry or termination shall be without prejudice to the accrued rights and obligations of the parties.
6.1 Except in relation to personal injury or death due to our negligence, PowerOverEthernet and/or a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damages of any kind including any consequential or indirect loss, loss of profits, loss of goodwill or special damages whatsoever including, but not limited to losses resulting from, arising out of or any way related to:-
6.1.1 any errors in or omissions from the Website, or any inaccuracies in the information on the Website including but not limited to any Postings;
6.1.2 any third party websites or content therein directly or indirectly accessed through hot links in the Website, including but not limited to any errors in or omissions therefrom;
6.1.3 unavailability of interruption to or failure of the Website or any portion thereof for any reason whatsoever;
6.1.4 inability to access or use the Website
6.1.5 your use or the use by any person authorised by you of the Website (regardless of whether you received any assistance from us or a Covered Party in using the Website);
6.1.6 your use of any equipment or software in connection with the Website;
6.1.7 the contents of the Website, including but not limited to any Postings;
6.1.8 blocking, removal or the failure to block or remove Postings or any part thereof;
6.1.9 any delay or failure in performance; or
6.1.10 any loss of confidentiality or violation or copyright or other proprietary right in connection with any Postings.
6.2 “Covered Party” means PowerOverEthernet.com, its affiliates and any officer, employee, sub-contractor, agent, successor, or assign of PowerOverEthernet.com or its affiliates.
6.3 The Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever including, without limitation, legal fees, lost profits or lost savings in any way due to, resulting from, or arising in connection with the Website, including but not limited to, Postings, or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.
The parties are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by access to the Website.
Any notice shall be given by e-mail, if to you, to the e-mail address provided or such other address provided by you to us and, if to us, to info@PowerOverEthernet.com. Notice shall be deemed given 8 hours after the sending of the e-mail (unless the sender receives a response indicating that the message was undeliverable).
We shall not be liable for any failure to perform our obligations under these Conditions if such results from any act of God or other cause beyond our reasonable control (including, without limitation, any mechanical, electronic or communications failure).
10.1 Any failure to us to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
10.2 These Conditions constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, undertakings, negotiations or representation, whether oral or in writing, relating to the subject matter hereof are superseded and cancelled in their entirety.
10.3 If any provision hereof is adjudged to be invalid, void or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and these Conditions will in any event remain valid and enforceable.
10.4 These Conditions and the use of the Website shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England.