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The following terms and conditions ("Terms and Conditions") set out the rules for how we run the Website. By using the Website you acknowledge that you have read and agree to be bound by and comply with these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time without notice by posting changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use this Website. 1. INTELLECTUAL PROPERTY 1.1 Copyright All Website design, text, sounds, images, graphics and the selection and arrangement of them are either copyright © 2002 - 2024, SN Systems Limited or its third party licensors. All rights are reserved. 1.2 Trademarks ProDG, ProDG Plus, ProView, Tuner, DVD Emulator, NDK, SNSYS, Flash ROM (255M) Cartridge, SN Systems and any logos displayed which identify these marks, are trademarks of SN Systems Limited. All other product names, company names, marks, logos and symbols referenced in the Website may be the trade marks of third parties including (but not limited to) Sony Computer Entertainment Inc, Free Software Foundation and Nintendo of America Inc. Please refer also to our copyright notice. 1.3 Prohibition of Use of Website Content You may not adapt, reproduce, publish, upload, post, reutilise, redistribute, transmit or retransmit, broadcast, extract, alter or store all or any of the contents of the Website including but not limited to any trademarks or copyrighted material as referred to in clauses 1.1 and 1.2 above without SN Systems', or the relevant third party's, express permission (although you may download and print out pages from the Website for the sole purpose of viewing for your own personal information where specifically permitted). Please do not use the Website in any way that may infringe our intellectual property rights or our third party licensor's rights and note the indemnity that you give us in clause 4.3. (For the purposes of this clause, "intellectual property rights" means all intellectual property rights (whether registered or not) including but not limited to copyright, patents, trade marks, trade names, logos, design rights, rights in any format or presentation (including its look, feel, visual or other non-literal element), any applications for the protection or registration of these intellectual property rights and all extensions and renewals of them throughout the world.) 2. DISCLAIMER 2.1 We do not warrant that the Website will be available at all times or that it is virus or error free and whilst we make all reasonable attempts to exclude viruses from the Website, we cannot ensure such exclusion and no liability is accepted for viruses. You are therefore recommended to take all appropriate safeguards before downloading information or images from the Website. Occasionally we need to carry out repairs, maintenance or updating of the Website which may restrict your access. 2.2 The Website is for information purposes only and is provided on an "as is" basis. It is not designed to carry out commercial transactions. We accept no liability for the accuracy, completeness, currency or truth (save for fraudulent representations) of any of the information contained in the Website (including but not limited to any prices quoted) or for any reliance placed by any person on such information. Nothing contained on the Website shall be deemed to be an offer by SN Systems to you or any other person. 2.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes. Orders and any support given via our Website will be subject to the terms contained in the appropriate standard user licences, which can be viewed on the relevant pages of the Website and/or are included with our products. 2.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice that you may require. 2.5 We shall not be liable to you (subject to the provisions in clause 2.2 and clause 2.6) for any of the following losses (whether or not we were advised of, or knew of, the possibility of such losses and whether they arise under any tort (including negligence), breach of contract, misrepresentation (other than fraudulent misrepresentation), any statute or otherwise):
2.6 We do not seek to exclude or limit our liability to you for:
2.7 Use of this Website requires internet connectivity and telecommunications links. We will not be liable to you for any telephone or other costs that you may incur in using the Website. 3. LINKS TO THIRD PARTY WEBSITES 3.1 The use of third party websites is entirely at your own risk. Links contained in the Website may lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website. 3.2 These Terms and Conditions do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider. 3.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. 4. COMMUNICATIONS VIA THE WEBSITE AND INDEMNITIES 4.1 Where you are given the facility to enter information on to, or communicate via, the Website you agree to use the Website for lawful and civil purposes only and that you will not (nor allow others to):
4.2 You may not use the Website to interfere with or disrupt the enjoyment or use of the Website by any other person. 4.3 You agree to fully and effectively indemnify SN Systems and keep SN Systems fully and effectively indemnified from and against all costs, claims, liability, expenses (including legal expenses), damages and losses incurred by SN Systems as a result of a breach by you of the provisions contained in this clause 4 and clause 1.3, whether arising under tort (including negligence), statute, contract or otherwise. 5. CHANGES TO WEBSITE We reserve the right in our sole discretion to change the content of the Website from time to time. 6. LAW AND JURISDICTION 6.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. 6.2 Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions in clause 8 shall apply. 7. ENTIRE AGREEMENT These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by SN Systems. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by SN Systems. 8. SEVERANCE If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected. 9. THIRD PARTY RIGHTS A person who is not a party to this contract is not entitled to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999 except where these Terms and Conditions expressly provide for such rights. 10. PRIVACY POLICY 10.1 Our approach SN Systems takes the privacy of its users seriously. Below we set out our privacy policy, which governs the way in which we process any personal information that you provide to us. If we decide to change our privacy policy for the Website, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. You can access our home page and browse our site without disclosing your personal data, apart from the information collected by cookies that we use (please see below). 10.2 Who may process data Personal information will only be collected with your consent and for the purposes outlined below. 10.3 Purpose of processing We will use your information for the purpose of administering our relationship with you, such as: fulfilling orders placed by you; processing any other transactions authorised by you; providing you with important product information; informing you of special offers; undertaking product or customer research/development and providing other marketing information to you which we think you may find of interest. If you do not wish to receive any marketing information you may request that your details are excluded from any promotional activity by sending an e-mail to webmaster@sn.scee.net. We do not pass on your details to any third parties for marketing purposes. Your personal information shall not be used for any other purposes and shall not be disclosed to any other organisations unless: we must do so for delivery or insurance purposes; we are required to do so by law; or we must do so to fulfil any notification obligations that we have to third parties such as Nintendo of America Inc or Sony Computer Entertainment Inc (this may involve transferring your data outside the European Economic Area to which you hereby consent.) 10.4 Cookies As described above, we collect information about your visit to the Website using cookies. A cookie is a small text-only piece of data that a Website can send to your browser, which may then be stored on your hard drive. The cookies we use are "Per-session" cookies and these are used to store information about your visit to the site. They are deleted when you leave our website. Information about Per-session cookies can be found at the Microsoft Support site by clicking here. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. 10.5 Security measures We have implemented security policies, rules and technical measures to try to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss. However we cannot guarantee the protection of your personal data as due to the nature of the internet, the Website is theoretically accessible by any user of the world wide web. You should be aware that when you disclose personal information on the Website it may be collected by another user and may result in unsolicited messages from other internet users. 10.6 Access to your Personal Information You have a right to request a copy of the personal information SN Systems holds about you (in return for a £10 fee) and to have any inaccuracies corrected. Please address requests to webmaster@sn.scee.net. 10.7 Children 10.7.1 We do not intentionally collect personal information from children without prior permission from parents or guardians. We urge children under 18 years of age to check with their parents or guardians before using the internet, as usage will often result in personal information being collected. 10.7.2 If you are aged under 12 then you must provide us with your full name and the name and e-mail address of your parent and/or of a responsible adult. We will then send an e-mail to the parent or responsible adult explaining what personal information we have collected about you and details of our privacy policy. Your parent or responsible adult will be invited to provide their consent to the collection and use of your personal information by replying to our e-mail. If your parent or responsible adult withholds consent or does not reply within a reasonable period of time, we will delete your personal information and the name and e-mail address of your parent or responsible adult from our database. 10.8 Enquiries If you have any enquiries or concerns about our privacy policy please contact us at webmaster@sn.scee.net or write to Webmaster, SN Systems Limited, 1st Floor - Hartwell House, 55-61 Victoria Street, Bristol, BS1 6AD, UK. If at any time you wish us to cease processing the information we have about you as a result of your use of this Website please send a message to webmaster@sn.scee.net and insert "unsubscribe" as the subject heading. 10.9 Requests for information about us Any requests for information by you are subject to the terms contained in this privacy policy. 11. LOCAL LAWS 11.1 If you use this Website from locations outside the UK you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the UK. You acknowledge and agree that the use of this Website and the use of any of our software products are subject to UK laws and regulations. 11.2 You agree that none of the software, nor any direct product produced using the software, is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to sanctioned or embargoed countries (or their nationals) or groups, nor will be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the UK Government. Details of restrictions are set out in the UK Export Administration Regulations, which can be found by clicking here. 11.3 You agree to comply strictly with all UK export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. 12. CORPORATE INFORMATION
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