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Terms & Conditions

 


terms and conditions

There are distinct terms, conditions and disclaimers which apply to the content of your site, and also to its management & hosting on the web. Please note also the link to the separate conditions of our associated hosting company. It's also important to read the copyright notice and general information at the base of this page.

Site content and information

Your site will be given standard copyright text in the following format at the base of each page:

© 2008 YourName.com
All rights reserved

It will also be given a generic copyright notice similar to that which is published in the lower part of our Example site unless you instruct us otherwise.

It is your responsibility to advise us of any additions to this or of any special legal requirements or disclaimers that need to be displayed. No responsibility is taken by CAAF for any legal problems or claims caused by publication of your site. Content of all sites created but not owned by Click as a Flash is the responsibility of their respective owners.

As a general principle, the internet is just a communications medium similar to your brochures etc and so is subject to the same laws of copyright, truthfulness in advertising and acknowledgement of trademarks and so on. It is your sole responsibility to comply with any requirements with regard to these and to the ownership of anything you supply to us for your site's construction.

It is your responsibility to ensure that the content of your site complies with the laws of the countries in which you operate.

It is also your responsibility to ensure that you own the copyright of the images or other material you supply to us to produce your website content.

No part of any designs and/or content created by us may be used until payment has been completed and cleared in full. Only then do you obtain copyright of the artwork, subject to the following conditions.

Advice provided by Click as a Flash is provided in good faith only and should not be construed as professional legal advice.

Use of graphics

Graphics supplied by us may originate from a collection of 500,000 "clip art" images we have already purchased or from others we additionally purchase from photo libraries on your behalf. These are licensed to you non-exclusively, not purchased. You are therefore expressly prohibited from reselling these, though you as the licensee are able to use them in your company's artwork for as long as you please, even after terminating your agreement with us.

So to summarize, photos supplied by us for your site are for a single use licence and do not constitute a purchase by you.

We purchase these pictures under a non-exclusive licensing basis and their use by you is also on a non-exclusive, non-resale basis. This is common practice in graphic design and publishing and is what helps make it affordable.

It is also necessary to understand that in the case of models who are recognizable as individuals in the photos, clearance rights have been obtained by their source library for general purpose, positive advertising only. What this means is that their images cannot be used in a way that could be interpreted by the model(s) as defamatory, obscene, pornographic, fraudulent or insulting etc.

In other words, their images can only be used to advertise legal products or services in a positive manner. As an example, you could not use a man's photo with a headline like "Don't be a loser like this man!" without his written permission. By law, everyone owns their own likeness and reputation.

To sum up, common sense rules. If you are just running a regular business, for example our demonstration site for "Ray's Roof Repairs", then you should have nothing particular to worry about. If in doubt, seek professional legal advice.

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Hosting & management

(This section is only applicable if we are hosting your site on your behalf.)

Your website will be managed by Click as a Flash and hosted by Hostgator. They are the exclusive host of this and all our other sites. Their quality and reliability of service and system hardware are exceptional.

The credentials of this company are very impressive with a formidable array of services and equipment. Nevertheless, Click as a Flash cannot take responsibility for any downtime or failure of service that may happen, or subsequent consequences thereof. We simply undertake to attempt to do whatever is reasonable to keep your site successfully operating.

Click as a Flash has no contractual connection with Hostgator®. We operate in good faith but have no control whatsoever over their services, and make no guarantees, real or implied, about their continued provision. In the event of a failure of provision, we will endeavour to secure a replacement within a reasonable period of time.

We accept no responsibility whatsoever for any loss of business or damage to reputation etc due to any downtime, failure or termination of your site's hosting by either CAAF or Hostgator, for whatever reason, nor for any damages resulting (for example any claim of loss of business.)

Neither Click as a Flash nor Hostgator will be liable for any damages claim arising from any failure of broadcast of any hosted site, for any reason. This includes any failure of the internet itself whether through power failures, natural disasters, acts of terrorism or any other downtime.

We as your webmaster reserve the right to immediately and without notice or compensation make deletions, alterations or termination of your hosting if we are advised of any copyright or other legal violations by the appropriate owners or relevant parties.

Any agreement to host with CAAF also means you agree with the separate terms and conditions of Hostgator.

It is necessary that you become familiar with their own conditions as specified on their website:

www.Hostgator.com

Briefly, their disclaimers state that hosting may be terminated without notice in the case of any client who attempts to operate activities like hacking, spreading viruses, sending unsolicited spam, or operating illegal, unethical, racist, pornographic or terrorist sites, or publishing libellous, obscene, slanderous, defamatory or similarly inappropriate material and so on. Any site not meeting these requirements may be taken down without notice or compensation. ...The good news is that there should be nothing to worry about if you are simply running a normal legal business!

If a decision to terminate your hosting agreement by either Hostgator or Click as a Flash is made, your sole refund entitlement will be unused whole months that have been pre-paid, less transfer costs. No notice may be given for termination, nor will correspondence necessarily be entered into.

Please note that we will strive to provide adequate notice of any termination in any foreseen circumstances, expressly without giving a guarantee.

CAAF undertakes work on a “first in, first served” basis. Generally a time sensitive change to your site such as a “Summer Sale” ad can almost always be made at the desired time if you provide advance notice. We will endeavour to give priority to urgent requests such as error correction, though without making guarantees.

Under our agreement you permit CAAF to link to your site from our site (for our promotional benefit) and you agree to carry linked credits in small print at the base of your pages below your copyright notice in the form:

Website design by Click as a Flash

click as a flash logo

© 2002-12 David Tyrer  All rights reserved  Click as a Flash™

DISCLAIMER AND COPYRIGHT NOTICE. No part of this site may be reproduced or transmitted in any form whatsoever without the express written permission of the copyright holder. The right of David Tyrer to be identified as the author of this work is asserted in accordance with the Copyright, Designs and Patents Act 1988. The Click as a Flash™ (www.clickasaflash.com) site shall not be re-transmitted, printed, lent or otherwise circulated without the written permission of the copyright holder, and shall not under any circumstances have these conditions waived for any recipient. The artistic integrity of the work contained herein may not be altered or repurposed in any way, shape or form without the written permission of the copyright holder. This site contains links to other sites outside our control. No responsibility is taken for any action or advice you may take from these sites or from any of the Click as a Flash pages. Information on this site is presented on an "as is" basis and as such we make no warranties regarding the accuracy, adequacy or completeness of any of the material. We cannot be held liable for any errors, inaccuracies or omissions in the material presented on this site or its links, nor for the consequences of acting on any out of date information that may be presented. We cannot be held liable for any financial or any other damages that may occur from using any material or ideas presented here. No information presented should be construed as legal advice. Content of emails sent from this site is well-intended opinion only and should not be construed as legal advice. Any brand names mentioned on this site are trademarks of their respective owners. Terms and conditions are subject to change without notice. Please see also the links to Hostgator's own independent and separate Terms and Conditions. Copyright in some images resides with various Photo Libraries. All images, text and audio are presented for viewing purposes only. No part of art, text, audio, logos, movies or trademarks may be saved, resold or reproduced. Website and other prices on this site are expressed in $US dollars unless otherwise stated. Prices are subject to change without notice. Space photos on this site are credited to NASA. Click as a Flash's registered Australian Business Number is ABN 62 188 088 529.

ABOUT FLASH ANIMATION. This website is dependent on Flash animation and contains audio. Flash movies add significant impact to a website yet are affordable. The Flash player is provided free with Internet Explorer and Netscape versions 4 and above in which case it launches automatically. The Flash player also ships with recent versions of the Windows and Apple operating systems. (Flash™ is a trademark of Macromedia, Inc.) The free Flash player can be downloaded from macromedia.com. Movies are in the .swf format. Specific information can be seen on our Flash Animations page including details of our affordable prices.

 

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