Our Privacy Policy

Privacy Policy – Last Updated, 12 July 2008

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products and services (Applications) described on our website www.djknemesis.com (our site) to you. Please read these terms and conditions carefully before ordering or using any Applications from or on our site. You should understand that by downloading or using any of our Applications, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Once you download or use any of our Applications, a contract will be formed between us which incorporates these terms (Contract).
1. INFORMATION ABOUT US
1.1 [www.djknemesis.com] is a site operated by Affiliate Central Limited (we). We are registered in England and Wales under company number 6382100 and with our registered office at Wilbraham House, 28/30 Wilbraham Road, Fallowfield, Manchester M14 7DW. Our main trading address is
Suite 302B, MLS Busines Center, The Triangle, Exchange Square, Manchester, M4 3TR, United Kingdom. Our VAT number is 928 6465 83.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;]
3. OUR STATUS
3.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
4. APPLICATIONS AND SERVICES
4.1 The Applications are made available as part of your ongoing membership of our site and there is no additional payment (unless stated to the contrary in relation to a particular Product).
4.2 Where we provide hosting services for your website (Hosting Services), this will be on the basis that:
(a) You shall:
(i) be responsible for the content of your website.
(ii) ensure that any content on your websites do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
(iii) indemnify us against all damages, losses and expenses arising as a result of any action or claim that your website or any other material posted to, or linked to, your website constitutes Inappropriate Content.
(iv) not carry out any commercial advertising campaigns by emails which originate from your website which may be classified as “spam”. Spamming, or the sending of unsolicited emails, from our Hosting Service or using an email address that is maintained by us is STRICTLY prohibited. For general reference, we consider spam to be any email that is sent to more than 10 people at a time who did not ask for it to be sent to them.

We will decide (at our absolute discretion) what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal requests are fully honoured. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Websites with large mailing databases, need to be notified to us in advance and placed on a dedicated server.
(v) not attempt to undermine or cause harm to a server used or controlled by us or another one of our customers.
(b) You confirm and acknowledge that:
(i) we have no control over any content placed on your website by you or your visitors
(ii) we do not purport to monitor the content of your website.
(iii) we reserve the right to remove content from our site or your website where we reasonably suspects such content is Inappropriate Content. We shall notify you if we become aware of any allegation that content on your website may be Inappropriate Content.
(c) We shall:
(i) provide you with Applications which will allow you to manage and update the content of your website.
(ii) provide you with statistical data relating to the usage of your website by others.
(d) Your website does not have:
(i) banners, graphics or cgi's running from your domain being used on other domains.
(ii) immense graphic archives or galleries.
(iii) immense download archives, such as .zip, .tar, .ra and .GZ.
(iv) large chat room gatherings.
(v) A system resource usage greater than 20%
where these limitations are breached, we reserve the right to charge you for moving the content to another server and/or suspending your website from our Hosting Services.
(e) If you fail to follow any of the above terms or conditions we reserve the right to suspend your membership or de-activate your website. We reserve the right to remove your membership and your website without prior notice.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 In these term, where the context allows, Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
5.2 You retain all Intellectual Property Rights in the website content, and you hereby grant us a licence to use such Intellectual Property Rights to the extent required to perform our obligations pursuant to these terms.
5.3 All Intellectual Property Rights in any works arising in connection with the performance of the Hosting Services by us (Works) shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the purposes of hosting the website.
5.4 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that your website infringe any Intellectual Property Rights of a third party.
5.5 We shall indemnify you against all damages, losses and expenses arising as a result of any action or claim that the Works infringe the Intellectual Property Rights of a third party in the UK.
5.6 The indemnities in clause 6.3, clause 6.4, and clause 5.2(a)(iii) are subject to the following conditions:
(a) the indemnified party promptly notifies the indemnifier in writing of the action or claim;
(b) the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
(c) the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
(d) the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
5.7 The indemnities in clause 6.3, clause 6.4, and clause 5.2(a)(iii) may not be invoked to the extent that the action or claim arises out of the indemnifier’s compliance with any designs, specifications or instructions of the indemnified party.
6. OUR LIABILITY
6.1 These terms set out the full extent of our obligations and liabilities in respect of the supply of the Hosting Services or the provision of the Applications.
6.2 All conditions, warranties or other terms concerning the Hosting Services, which might otherwise be implied into these terms or any collateral contract (whether by statute or otherwise), are hereby expressly excluded.
6.3 We warrant to you that any Applications obtained from us through our site are of satisfactory quality and reasonably fit for all the purposes for which applications of this kind are commonly supplied.
6.4 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price you have paid to become a member of our site.
6.5 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 8.4.
6.7 Where you buy any products or applications from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
7. TERM AND TERMINATION
7.1 These terms shall apply from when the Contract is formed (see top of document for definition) and shall (subject to earlier termination pursuant to this clause 8) terminate automatically on your subscription to our site lapsing or ceasing.
7.2 Either party may bring the Contract to any end immediately at any time by written notice to the other party if:
(a) that other party commits any material breach of its obligations under these terms which (if remediable) is not remedied within 30 days after the service of written notice specifying the breach and requiring it to be remedied; or
(b) that other party:
(i) ceases to trade; or
(ii) becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or
(iii) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or
(iv) the ability of that party’s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party’s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(v) any process is instituted which could lead to that party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
7.3 On termination of this Contract by us, pursuant to clause 8.2, all licences granted by us under these terms shall terminate immediately.
7.4 On expiry or termination of this Contract otherwise than on termination by us pursuant to clause 8.2 we shall:
(a) promptly return to you the website content, and shall provide to you an electronic copy of the website (including all content on the website).
(b) provide such assistance as is reasonably requested by you to transfer the hosting of the website to you or another service provider, subject to payment of our expenses reasonably incurred.
7.5 On expiry or termination of this Contract, all provisions of this Contract shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
8. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. NOTICES
All notices given by you to us must be given to support [at] djknemesis.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12. WAIVER
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10.
13. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Applications).
16. LAW AND JURISDICTION
Contracts for the purchase of Applications through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.