This Agreement: ocaso technology ltd ('ocaso') maintains and owns APC-network.com ('the Site') primarily in furtherance of its principal objectives:
- The dissemination and exchange of industrial information, knowledge and ideas relating to Advanced Process Control (APC) for the Refining and Petrochemical industry,
- The initiation of dialogue between the users of the APC technology in the Refining and Petrochemical Industry,
- The promotion of APC as a viable and profitable technology within the Refining and Petrochemical industry. Access to and use of the Site are subject to the terms and conditions set out below.
1. ocaso uses reasonable efforts to ensure that the materials and information contained on the Site are current and accurate; ocaso offers the materials and information in good faith and believes that the information is correct at the date when you view it. However ocaso does not make any representations or warranties as to the completeness, accuracy or currency of the materials and information. In using the Site you assume the entire risk of relying on the materials and information contained on the Site or on any site linked to or from the Site. The materials and information are supplied to you on the condition that you or any other person receiving them will make their own determination as to their suitability and appropriateness for any proposed purpose prior to their use.
2. As a service to user of the Site ocaso has provided numerous links to other sites, whether by Hypertext or other links. These sites are not under the editorial control of ocaso and ocaso takes no responsibility whatsoever for the contents.
3. No representations or warranties, either expressed or implied, of merchantable quality, of fitness for a particular purpose or use or of any other nature whatsoever are made with respect to the materials and information or goods that are available or advertised or sold on the Site or on any site connected to or from it. Where a product or service provided by or through ocaso is referred to in the materials or information any such representations or warranties, whether expressed or implied, are specifically excluded. Where the Site provides you with a facility for subscribing to or purchasing any product or service provided by ocaso additional terms and conditions of contract may apply; you should read the appropriate order or registration form carefully.
4. The information on this site is provided on an "as is" basis. ocaso makes no warranties or representation that this Site will be comprehensive, uninterrupted or error-free. There may be omissions, inaccuracies, or delays in the news on this site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this Site or available through links on this Site.
5. This Site contains third party material uploaded by but not limited to companies, manufacturers, individuals and agencies (individually or collectively hereafter referred to as "Vendor"), with the intention to promote their goods and services. ocaso is not responsible for the availability, content or any viruses accessed through the Vendor material. ocaso will not be a party to, or in anyway responsible for, any transactions concerning goods and services or otherwise that may take place as a result of the interaction between the user and the Vendor through this site. ocaso's inclusion of Vendor material, links or other connections to their Web sites does not imply any endorsement of the material on them or any association with their owners or operators.
6. Although we intend to take reasonable steps to prevent the introduction of computer viruses, worms, “Trojan horses” or other destructive materials to this Site, we do not guarantee or warrant that this Site or materials that may be downloaded from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Site, you do so solely at your own risk.
7. ocaso is under no obligation to monitor the information existing on or transmitted via this Web Site. However, you agree that ocaso may monitor the content of the Web Site to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Site properly or to protect itself, its users and Vendors; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time.
8. ocaso has the right, but not the obligation, to edit, modify, refuse to post, reject, eliminate or remove any information existing on or transmitted to its Web Site that it, in its sole discretion, believes is unacceptable or in violation of these terms or may create liability or may cause ocaso to lose the services of its ISPs or other suppliers. Likewise, ocaso shall have the right to terminate this Site or your ability to access this Site at any time without notice.
9. ocaso takes no responsibility whatsoever for the activities of job applicants, or the activities of Vendors or those Vendors' respective hiring, recruiting, or other practices. Vendors are solely responsible for their postings on this Site.
Copyright: All materials and information contained on the Site, except where specifically stated otherwise, together with all other elements created for the Site are the property of ocaso and are governed by copyright and other applicable intellectual property laws at the time they are made available on the Site. Copies of documents contained on the Site may only be made available for information purposes and solely for the private use of the Site user. Any use or reproduction of such documents for any other purpose whatsoever is expressly forbidden. No Licence or right, other than the right to view on the Site, is granted to any person in respect of any intellectual property rights.
The corporate name, logos and devices of the ocaso mentioned or depicted on the Site are the property of the ocaso technology ltd and may not be used without the prior written agreement of ocaso. All individual articles, content and other elements comprising this Site are also copyrighted works. Each third party content provider owns the copyright in content original to it. The third party product and service marks contained herein are the trademarks or service marks of their respective owners. You must abide by all additional copyright notices or restrictions contained in this Site.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. In the event of any permitted copying, redistribution or publication of material from this Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Except as provided in this Agreement, the use or misuse of any content from this Site is strictly prohibited.
The owners of proprietary and other intellectual property rights shall have absolutely no recourse against us for any alleged or actual infringement of any proprietary rights you may have in anything you post on this Site.
By posting content on the interactive sections of this Site, such as forums and the technical chat, you give us the right to display such content on the other parts of the Site and in other publications and to use such content for promotional and marketing purposes. Furthermore, you agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law.
Liability: In no event shall ocaso, its employees, agents, affiliates, its partners, or any third parties mentioned on this web site be liable for any damages whatsoever, (including but not limited to direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use it or any linked sites or for damages resulting in business interruption or the loss of data), or for any information, software, products and services obtained through this system, or otherwise arising out of the use of this web site, or on any other basis (whether based on contract, tort, strict liability, or other legal theory), even if ocaso has been advised of the possibility of such damages.
If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then ocaso's maximum liability for any type of damages shall be limited to the £99, for the use of this Site.
Indemnification: You agree to indemnify and hold harmless ocaso, its directors, officers, shareholders, affiliates, and agents from and against all losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of this Agreement, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Jurisdiction: Your use of the Site and all matters relating to the interpretation and operation of these terms and conditions shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of the Site.