1. Definitions & Acceptance
Igor & Co provides access and service to you ("the Service") on www.igorandco.co.uk ("the Website") subject to the following Terms & Conditions ("Terms"), which may be updated from time to time without any notice to you. Your continued use of the Website after any change or modification constitutes your acceptance of the new Terms. The terms "Igor & Co", "Igor and Co", "we", "us", or "our" shall refer to Igor & Co.
. If you do not agree to abide by these or any future versions of the Terms, we suggest that you do not use or access the Website and you don’t have our permission to use any part of the Service.
THIS PART IS VERY IMPORTANT
: These Terms require that if we get into a dispute with you relating to the Service or the Website (or vice versa), the dispute will be resolved by BINDING ARBITRATION
. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT
. Our disputes will be determined by a NEUTRAL ARBITRATOR
and NOT A JUDGE OR JURY
and you cannot start or join a court action. Have a careful read through Section 7 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.
3. Acts Against the Service
Igor & Co hereby grants you a limited, non-exclusive license to access and use the Service and the Website as provided by us solely for your personal use in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Service including, without limitation, any one or more of the following:
(a) Using manual or automated software, devices, scripts, robots, or other means or processes to access, "spider", "crawl" or "scrape" any pages contained in the Website unless you are one of the following search engines accessing the Webiste exclusively in order to index or update your index that is used exclusively to show pages from our Website to your visitors:
(iii) Yahoo! Search;
(b) causing, allowing or assisting machines, automated services or using other software or bots to access or use the Service without the express written permission of Igor & Co;
(c) interfering with the operation or the security of the Service;
(d) attempting to probe, scan, or test the vulnerability of the Service;
(e) introducing viruses,Trojan horses, worms, software or other similar harmful scripts or code into the Service;
(f) hacking, harvesting or collecting email addresses or other contact information of users or clients from the Service by electronic or other means;
(g) reverse engineering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service;
(h) acting illegally or maliciously against the business interests or reputation of Igor & Co;
If you are involved or cause others to be involved in acts that violate Section 3 above, you agree to pay to Igor & Co the total amount of all actual damages caused by such a violation of these Terms. For violating Section 3, you agree to pay liquidated damages to Igor & Co as described in the schedule set forth in Section 4.1 below. Furthermore, you agree that the amounts of liquidated damages described in Section 4.1 are reasonable estimates of Igor & Co’s damages for violations of Section 3.
4.1 Liquidated Damages Schedule
For purposes of this schedule each single page that is displayed on the Website is a single "Page", "Unauthorised Act" means each individual time Igor & Co’s servers are accessed in connection with violation of Section 3(a)-(h). With respect to the instances of Unauthorized Act, each day Igor & Co’s servers are accessed to facilitate violations of the Terms shall constitute one Instance of Unauthorized Act. For each violation of Section 3(a)-(h), you agree to pay liquidated damages to Igor & Co in the amount specified below and that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative.
A. £2,500 GBP Per Page with Content Accessed, Obtained or Copied in Violation of Section 3(a) or (b). You agree to pay £2,500 per violation for each Page accessed or obtained via Igor & Co (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Igor & Co.
B. £1,500 GBP Per Instance of Unauthorized Act in Violation of Section 3(c) or (d). You agree to pay £1,500 GBP per violation for each Unauthorised Act of violating any security features of the Service as set forth in Section 3(c)-(d).
C. £4,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(e)-(f) You agree to pay £4,000 for each (1) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (2) hacking, harvesting or collecting email addresses or other contact information of users or clients from the Service by electronic or other means;
D. £1,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(g). You agree to pay £1,000 for each (1) Act of reverse engineering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service;
E. £20,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(h). You agree to pay £20,000 for each (1) Act of acting illegally, maliciously or negligently against the business interests or reputation of Igor & Co;
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED IN SECTION 5, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO £100 GBP.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 5 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are the entire agreement between you and us regarding your use of the Service. We may change these Terms with or without notice to you. Any delay or failure to enforce any rights under these Terms will not affect our right to enforce the rights at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any terms that you breached. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect.
7. Governing Law, Dispute Resolution and Arbitration
7.1 Governing Law
These Terms and any action related thereto will be governed by the laws of England and Wales.
7.2 Forum for Legal Disputes
Each of us agrees that any dispute or claim arising out of or relating to these Terms, the use of the Service or copyright and intellectual property disputes relating to the Website and Service will be settled exclusively by binding arbitration.
You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported court action or representative court proceedings. The arbitration will be conducted in London, UK. Any damages granted by the arbitrators must be consistent with the terms of Section 4 as to the types and the amounts of damages for which a party may be held liable. The arbitrators will determine who is responsible to pay the fees associated with the arbitration.
8. Legal Disclaimer
The information and opinions contained on this website are for general information purposes, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Igor & Co shall have no responsibility for any loss which may arise from reliance on materials contained on this website.