GMCirrus Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GMCIRRUS STOREFRONT (THE “STOREFRONT”).

The use of the Storefront is subject to the following terms and conditions. For any specific services purchased by you in the Storefront, such services may be governed by terms and conditions specific to those services.

 

By using the Storefront you accept these terms

By using the Storefront, you confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms, you must not continue to use the Storefront.

We recommend that you print a copy of these terms for future reference.

Description of Services

The Storefront will give you access to a variety of resources including information about software and other merchandise and download areas (collectively the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these terms and conditions and its respective Software License Agreement (as defined below).

Notice specific to software and other merchandise available on the Storefront

Any software that is made available to download, other merchandise available on the Storefront or Services is the copyrighted work of Grey Matter and/or its partners. Use of the software or other merchandise is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the software or merchandise (“Software License Agreement”). An end user will be unable to install any software that is accompanied by or includes a Software License Agreement, unless he or she first agrees to the Software License Agreement terms.

The software and merchandise are made available solely for the use by the end users according to the Software Licence Agreement. Any reproduction or redistribution of the software or merchandise not in accordance with the Software Licence Agreement is expressly prohibited by law and may result in severe civil and criminal penalties.

Notice specific to documents available on the Storefront

Permission to use documents (such as white papers, press releases, datasheets and FAQs) from the Storefront and Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Storefront or Services are for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made.

Member account, password and security

If the Storefront requires you to open an account you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Storefront, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change the Storefront from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw the Storefront

We do not guarantee that the Storefront, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Storefront for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Storefront through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at information@greymatter.com.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in the Storefront, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may not modify, copy, distribute, transmit, display, perform, reproduce, create derivative works from, frame, mirror, republish, attempt to reserve, compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form, licence or sell any information or Services obtained from the Storefront.

If you breach these terms and conditions, your right to use the Storefront will cease immediately and you shall fully indemnify us without any limit for loss or damage incurred by us for such breaches.

Do not rely on information on the Storefront

The content on the Storefront is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Storefront.

Although we make reasonable efforts to update the information on the Storefront, we make no representations, warranties or guarantees, whether express or implied, that the content on the Storefront is accurate, complete or up to date.

We are not responsible for websites we link to

Where the Storefront contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Our total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with these terms and conditions shall be limited to £500.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Storefront or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Storefront; or
  • use of or reliance on any content displayed on the Storefront.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, which can be found here:

Privacy Policy

Acceptable use of the Storefront

You may use the Storefront only for lawful purposes.

You may not use the Storefront:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data send or upload any material that contains viruses Trojan horses, worms, time-bombs, keystroke, loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Not to access without authority, interface with, damage or disrupt:
    • any part of the Storefront
    • any equipment or network on which the Storefront is stored.
    • any software used in the provision of the Storefront; or
    • any equipment or network or software owned or used by any third party.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Storefront will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Storefront. You should use your own virus protection software.

You must not misuse the Storefront by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Storefront, the server on which the Storefront is stored or any server, computer or database connected to the Storefront. You must not attack the Storefront via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Storefront will cease immediately.