Terms & Conditions
This agreement: ("agreement") is a legal agreement covering the provision of free of charge BLIMP software services ("service" or "services") by Adit North LLP, ("Adit" or "us" or "our" or "we") to you as an individual ("you" or "your").
'Adit North East North East' and 'Adit North LLP' are trading names of: North East Regional Aggregation Body LLP, a limited liability partnership registered in England and Wales (registered number OC306507) whose registered office is Stella House, Goldcrest Way, Newburn Riverside, Newcastle upon Tyne, Tyne and Wear, NE15 8NY.
Your use of the services will be governed by this agreement, along with the accompanying Disclaimer statement below. Please read this agreement carefully before you register and utilise BLIMP services. By using the service, you agree to become bound by the terms and conditions of this agreement.
Your account: You must be a registered user to use the services, and you must be 18 years or older to use this service. You will be asked to create a password or other login identifier to use this service free of charge and you are responsible for choosing an appropriate password and for keeping it secure.
Fees and payment: The services consist of a free to use downloadable software tool.
Cancelling your account: If you wish to cease using services, you may do so at any time without any further obligation. We will not charge a fee for cancelling your account but would seek to retain any information submitted upto that point for our internal research purposes - at no point shall your personal details be published or otherwise disclosed publicly.
Acceptable use and conduct: All usage of the services must be legal and not infringe any third party's rights. You must not take any action or use the services in any way that might bring BLIMP or operators Adit into disrepute, affect our ability of to provide the services to others, be illegal, or encourage illegal activities. You may not use the services in any manner that might be libellous or defamatory, that contains threats or incites violence towards individuals or entities, or that violates the privacy or publicity rights of any third party.
Changes to the services or this agreement: We aim to continually improve the delivery and content of the services and, as a result, will make changes to services from time to time. New features will be continually added, but we also may modify or discontinue (temporarily or permanently) the BLIMP service, in part or in whole. In the event of a material change to the services, we will notify you via email or update to our associated website. Similarly, we may occasionally change the terms of this agreement; noting that any change to the terms of this agreement shall take effect at the time we post the updated agreement.
Intellectual property and software licence: The client software of BLIMP is released for free public use under several open source licenses. You acknowledge that all intellectual property in the software provided as part of the services belongs to Adit or its licensors. You will not acquire any rights to the software or the intellectual property from your use of the services.
Collection and use of your data: We may collect information relating to your address/location and specific details about your broadband service provision and use (include statistics relating to how often data is transferred, and performance metrics in relation to software and configuration). You agree this information may be retained and used by Adit provided we do not disclose any or all personal data and any information content marked"confidential" you have sent, posted or published if required to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Third-party content: You may find it possible to access third-party content in your use of the services. You will not remove any third party's copyright notices or other identifier, except as allowed by the third-party's licence of that content. Adit is not responsible for any content provided by any third party. Should you reasonably believe that any third-party content you access through the service is in breach of any law, regulation or third party's rights, you should notify Adit in writing at the address above. In doing so, please: identify the material which you believe to be infringing; identify what you believe this material infringes and why; provide your name, email address, address and telephone number; confirm that you believe in good faith that this material is infringing a law or third party's rights and that, to the best of your knowledge, the information you are providing is correct; identify if you are acting on behalf of the third party whose rights may have been infringed; provide your physical or electronic signature.
Limitation of Liability: Software and services provided under this agreement are provided to you as is and with no warranties whatsoever. All implied warranties are excluded to the extent legally permissible. Adit shall provide the services and software using reasonable skill and care. Under no circumstances will Adit or its suppliers be liable to you for any consequential or indirect loss of profits or economic advantage. Adit cannot guarantee the connection speed between you and the service and Adit cannot be held liable for any direct or indirect damage or loss caused by connection speed.
Adit shall use reasonable efforts to ensure availability of the services, but makes no guarantee that the services will be available without interruption. Adit is not responsible for the loss of any of your data or any loss of business or financial disadvantage to you as a result of any loss of or damage to your data as a consequence of your use of the services. You should ensure that you have suitable backups of all data. These limitations of liability do not apply with respect to any death or personal injury as a consequence of the negligent act of Adit, its employees, suppliers or licensors.
General/Other: The free software program provided may be freely distributed, provided that no charge above the cost of distribution is levied, and that the disclaimer associated with the BLIMP product, (see below), is always attached to it. Although the author has attempted to find and correct any bugs in the free software programs, the author is not responsible for any damage or losses of any kind caused by the use or misuse of the programs. The author is under no obligation to provide support, service, corrections, or upgrades to the free software programs.
This agreement is governed by the laws of England and any dispute will be heard by the courts in England. Failure by Adit to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The terms of this agreement do not affect your statutory rights.
Any notices should be sent by registered post to Adit North LLP of Stella House, Goldcrest Way, Newburn Riverside, Newcastle upon Tyne, Tyne and Wear, NE15 8NY.
DISCLAIMER: "THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COPYRIGHT HOLDER ALSO RESERVES THE RIGHT TO REMOVE ACCESS TO THE SOFTWARE AT ANY TIME WITHOUT PRIOR NOTIFICATION."