Please read this carefully. By
accessing the Fog
Machines.net Web Site (the "Site") you are agreeing to
our terms and conditions set out below. If you do not agree to these
terms and conditions of use, please do not use the Site.
The Site is owned and operated by Pea Soup Ltd.
2. Use of Content and Linking to the Sites
All material on the Site (the "Content") belongs to Pea
Soup Ltd. and the producer of the work, and save where otherwise specified
users should assume that all content is owned by the producer. No
material from the Sites may be copied, reproduced, republished, uploaded,
posted, transmitted or distributed in any way, and may only be used
for your personal, non-commercial use. Modification of the Content
or other prohibited use of the Content is a violation of Pea Soup
Ltd.'s copyright and other proprietary rights. All trademarks, service
marks and trade names on the Sites are proprietary to Pea Soup Ltd..
In particular, but without limiting the above restrictions, may not
do any of the following without prior written permission from Pea
Soup Ltd.:- Redistribute any of the Content (including by using it
as part of any library, archive or similar service); Remove the copyright
or trade mark notice from the Content; Create a database in electronic
or structured manual form by downloading and storing all or any of
the Content. Use of text or images from the Sites without permission
from Pea Soup Ltd. is chargeable at £35.00 per image and per
block of text, set at the discretion of Pea Soup Ltd..
4. Software and Java Security
If you use links from the Sites to an authorised connected site not
operated by Pea Soup Ltd. to download software from the Sites or any
other material, files, images or data, you acknowledge and agree that
Pea Soup Ltd. has no responsibility in connection therewith, and does
not transfer title to you.
Limitation of Liability
The Content is for your general information and use only and is
not intended to address your particular requirements. In particular,
the Content does not constitute any form of advice, recommendation
or arrangement by Pea Soup Ltd. and is not intended to be relied
upon by users in making (or refraining from making) any specific
decisions. Any arrangements made between you and any third party
named on the Sites are at your sole risk and responsibility. Because
of the number of sources from which
Machines.net obtains Content and nature of electronic distribution
via the internet, Pea Soup Ltd. does not give any warranties in
respect of the Sites, Content, software or services available through
the Sites (collectively, "Site Services"). In particular,
the Site Services are provided on an "as is" basis. To
the extent allowed by applicable law, Pea Soup Ltd. hereby disclaims
all warranties, conditions or duties of every nature whatsoever
(except any duties of good faith), including without limitation,
any implied warranties of merchantability of fitness for a particular
purpose, any express or statutory warranties, and any warranties
or duties regarding accuracy or timeliness. In addition, Pea Soup
Ltd. makes no warranty that the Site Services are free from infection
by viruses or anything else that has contaminating or destructive
properties. To the fullest extent allowed by applicable law, you
agree that Pea Soup Ltd. will not be liable to you and/or any third
party for any consequential or incidental damages (including but
not limited to lost profits, loss of privacy or for failure to meet
any duty including but not limited to any duty of good faith or
for any other indirect, special, or punitive damages whatsoever)
that arise out of or in connection with the Site Services or any
breach of these terms by Pea Soup Ltd., even if Pea Soup Ltd. has
been advised of the possibility of such damages. The Sites contains
links to the other websites provided by independent third parties
("Third Party Sites"), either directly or through frames.
Pea Soup Ltd. is not responsible for the availability or content
of Third Party Sites and will not be a party to, or in any way responsible
for, any transaction concerning goods or services available from
such Third Party Sites.
7. Changes to these Terms
Pea Soup Ltd. reserves the right, at its discretion, to make changes
to any part of the Sites or these terms. When these terms are changed,
Pea Soup Ltd. will publish details of the new terms as updated from
time to time. By using the Sites, you are agreeing now to be bound
by those changes and revised terms.
8. Advertising and Sponsorship
9. Choice of Law & Jurisdiction
Part of the Sites may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Sites complies with applicable law and regulation.
Pea Soup Ltd. will not be responsible for any error or inaccuracy
in advertising material.
These terms shall be governed by, and construed in accordance with,
English Law. You irrevocably agree that the courts of England shall
have exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these terms or the legal relationship
established by them, and for those purposes irrevocably submit all
disputes to the jurisdiction of the English courts. For the exclusive
benefit of Pea Soup Ltd., Pea Soup Ltd. retains the right to bring
proceedings as to the substance of the matter in the courts of the
country of your residence or, where these terms are entered into the
course of your trade or profession, the country of your principal
place of business.
Third Party Copyright
Some of the content is the copyright of third parties, who reserve
their rights. All such third parties shall be entitled to enter
the benefit of these Terms in respect of their content as if they
were "Pea Soup Ltd." herein and shall be bound accordingly.
Each customer accepts and agrees that the list above
is not exhaustive and that Pea Soup Ltd.
is the final and sole arbiter of what constitutes a breach or violation
of any of its site terms, conditions and services and that each
customer indemnifies and holds harmless Pea Soup
Ltd. its employees, servants, agents and the like from any
and all costs/claims/expenses/damages/lawsuits which may arise or
be suffered by anyone from the provision of services or products
from Pea Soup Ltd. used by the customer.
Notwithstanding the generality of the foregoing or
anything else herein contained Pea Soup Ltd.
makes no warranties whatsoever express or implied concerning the
provision of its services and products and this includes warranties
of merchantability or fitness for a particular purpose. Pea
Soup Ltd. cannot and does not warrant or guarantee that it
will provide a continuous site service or that the service will
not be disrupted or that there will be no interruption or delay
or that its service will be provided at a or any particular time.
Consequently Pea Soup Ltd. expressly disclaims
all and any liability or responsibility in respect of claims loss,
loss of data, damages of any kind (including direct incidental consequential
or special) suffered by or made against the customer arising out
of the use or non-provision of services or products sold by Pea
Soup Ltd. whether or not Pea Soup Ltd.
is or was at fault or negligent.
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
"Content" means all material
and content on the Sites
"Sites" means all web sites owned, controlled, maintained
or operated by Pea Soup Ltd.
"Site Services" means the Sites, Content, software or
services available through the Sites
"Third Party Sites" means other websites provided by independent
third parties which are linked to the Sites
For Terms & Conditions of Sale, click