Conditions of use
Use of desalination.com
All materials on desalination.com are the copyright of Media Analytics or are reproduced with permission from other copyright owners. All rights are reserved. Except as set forth in 'Other agreements; software, services or access', below, Media Analytics authorises you to use desalination.com only for your own personal, non-commercial purposes. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without the prior written permission of Media Analytics. Use of desalination.com for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform or distribute the materials. Media Analytics owns desalination.com. Desalination.com is protected under United Kingdom and international copyright laws. Any unauthorised use of desalination.com may violate copyright, trademark and other laws. If you breach any of these terms, your authorisation to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of desalination.com and for paying all charges related thereto. When you use some parts of desalination.com, Media Analytics may collect certain personal information about you. Media Analytics' use of such information is governed by the provisions of the desalination.com Privacy Statement. By using desalination.com, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use desalination.com, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your desalination.com account, if you have one, and you are solely responsible for all activities that occur under your account. You agree to notify Media Analytics immediately of any unauthorised use of your account or any other breach of security related to desalination.com. Media Analytics reserves the right to require you to change your password if Media Analytics believes that your password no longer is secure. Access to desalination.com granted under other separately executed agreements by Media Analytics and you shall supersede the terms contained in this section.
You agree not to use desalination.com (including, without limitation, any materials or services you may obtain through your use of desalination.com): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a 'Law'); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt desalination.com or servers or networks connected to desalination.com. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with desalination.com; or (f) attempt to gain unauthorised access to any portion of desalination.com or any other accounts, computer systems, or networks connected to desalination.com, whether through hacking, password mining, or any other means and as further detailed below.
Viruses, Hacking and other offences: You must not misuse desalination.com by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to desalination.com, the server on which desalination.com is stored or any server, computer or database connected to desalination.com. You must not attack desalination.com via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use desalination.com will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of desalination.com or to your downloading of any materials posted on it, or on any website linked to it.
Except as set forth in 'Other agreements; software, services or access', below, Media Analytics may terminate, suspend or modify your registration with, or access to, all or part of desalination.com, without notice, at any time and for any reason. You may discontinue your participation in and access to desalination.com at any time. If you breach any of these terms, your authorisation to use desalination.com automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).
Desalination.com is provided 'as is' and 'with all faults' and the entire risk as to the quality and performance of desalination.com is with you. Should the materials or services prove defective, you, and not Media Analytics, assume the entire cost of all necessary servicing and repair. Media Analytics expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to desalination.com (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Media Analytics makes no warranty that desalination.com will meet your requirements or that access to desalination.com will be uninterrupted, timely, secure, or error free, or that defects in desalination.com will be corrected, or that this site or the server that hosts this site are free from viruses or other forms of harmful computer code. Media Analytics makes no warranty as to the results that may be obtained from the use of desalination.com or as to the accuracy or reliability of any information obtained through desalination.com. Any commentary, opinions or other materials included in desalination.com are not intended to amount to advice on which you should rely. No advice or information, whether oral or written, obtained by you through desalination.com or from Media Analytics, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, 'the Media Analytics parties') shall create any warranty. Media Analytics disclaims all equitable indemnities.
Limitation of Liability
In no event shall any of the Media Analytics parties be liable for any direct, indirect, special, punitive, exemplary or consequential damages whatsoever or howsoever caused (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, loss or corruption of data or other intangible losses) directly arising out of or in connection with desalination.com (including, without limitation, use, inability to use, or the results of use of desalination.com), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Media Analytics party has been advised (or should have known) of the possibility of such damages.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Media Analytics party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Media Analytics party's liability shall be the minimum permitted under such applicable law.
Other agreements: software, services or access
Media Analytics may provide products (such as, but not restricted to, electronic or printed publications), services (such as, but not restricted to, research, consultancy or training) or access to desalination.com under the terms of a separate agreement between you and Media Analytics (each, an 'other agreement'). Media Analytics's obligations with respect to any product, service or access that it makes available to you under any other agreement shall be governed solely by the other agreement under which such product or service is provided and these terms shall not be deemed or construed to alter the terms of such other agreements.
Modifications to desalination.com
Media Analytics reserves the right to modify, suspend or discontinue desalination.com at any time without notice to you. For example, Media Analytics may make changes to the materials and/or services or to the products and prices described in them, at any time without notice. The materials and services may be out of date and Media Analytics makes no commitment to update the materials and services whatsoever. Information published on desalination.com may refer to products, programs or services that are not available in your country; Media Analytics accepts no responsibility or liability for any loss or damage caused by such non-availability and makes no undertaking to make such products, programs or services universally available.
Certain areas of desalination.com (e.g., but not restricted to, comment and discussion areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a 'user submission'). By submitting a user submission, you grant to Media Analytics an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your user submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your user submission in any manner and for any purpose (including, without limitation, commercial purposes) that Media Analytics deems appropriate in its sole discretion (including, without limitation, to incorporate your user submission or any modification thereto, in whole or in part, into any technology, product, or service). Media Analytics reserves the right to display advertisements in connection with user submissions and to use user submissions for advertising and promotional purposes. Media Analytics may, but is not obligated to, pre-screen user submissions or monitor any area of desalination.com through which user submissions may be submitted. You agree that you are solely responsible for all of your user submissions. Media Analytics is not required to host, display, or distribute any user submissions on or through desalination.com and may remove at any time or refuse any user submissions for any reason. Media Analytics is not responsible for any loss, theft, or damage of any kind to any user submissions. Media Analytics does not want to receive any user submission that is confidential. You understand and agree that any user submission will be considered non-confidential and non-proprietary and that Media Analytics will be free to disclose your user submission to any third party absent any obligation of confidence on the part of the recipient. Media Analytics does not guarantee that you will have any recourse through Media Analytics or any third party to edit or delete any user submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your user submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your user submissions) or, alternatively, you have acquired all necessary rights in your user submissions to enable you to grant to Media Analytics the rights in your user submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your user submissions;
- you are the individual pictured and/or heard in your user submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your user submissions to grant to Media Analytics the rights described herein;
- your user submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all 'moral rights' that you may have in your user submission;
- any information contained in your user submission is not known by you to be false, inaccurate, or misleading;
- your user submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
- your user submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your user submission;
- your user submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your user submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your user submission does not contain any information that you consider confidential, proprietary, or personal; and
- your user submission does not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Materials posted by users do not necessarily reflect the views of Media Analytics. Media Analytics reserves the right, at its sole discretion, to review, edit or delete any material posted by users which Media Analytics deems defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, Media Analytics expressly disclaims any responsibility or liability for any material communicated by third parties through this web site.
Links to third-party websites
Links on desalination.com to third-party websites are provided solely as a convenience to you. If you use these links, you will leave desalination.com. Media Analytics is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, Media Analytics does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from desalination.com, you do this entirely at your own risk. Media Analytics disclaims any responsibility for the materials contained in any web site linked to this site.
Linking to this site
You may create links to this site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without Media Analytics's written authorisation to the contrary, a website that links to this site:
- may link to, but shall not replicate, any materials (including any Global Water Intelligence, Water Desalination Report or other Media Analytics logo);
- shall not create a browser or border environment around any materials;
- shall not imply that Media Analytics endorses such website or any products, services or content available through such website;
- shall not misrepresent its relationship with Media Analytics;
- shall not present false or misleading information about Media Analytics, its products or its services;
- shall not contain content that could be construed as distasteful, offensive or controversial; and
- shall contain only content that is appropriate for all age groups.
Media Analytics reserves the right to withdraw linking permission without notice.
Global Water Intelligence, Water Desalination Report and any other product or service name or slogan or logo contained in desalination.com are trademarks of Media Analytics and its subsidiaries or associates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Media Analytics or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Media Analytics or the applicable trademark holder. You may not use any metatags or any other 'hidden text' utilizing any name, trademark or product or service name of Media Analytics without Media Analytics' prior written permission. In addition, the look and feel of the site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Media Analytics and may not be copied, imitated or used (in whole or in part) without Media Analytics' prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Media Analytics.
Nothing in the terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by Media Analytics or any other third party except as expressly provided in the terms.
International and export issues
Media Analytics administers this site from its offices in Oxford, United Kingdom. Media Analytics makes no representation that desalination.com is appropriate or available for use outside the United Kingdom and access to desalination.com from territories where its contents are illegal or restricted is prohibited. If you choose to access desalination.com from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export restrictions and regulations including without limitation such applicable laws of the United Kingdom in connection with your use of desalination.com and to not, in violation of any laws, transfer, or authorise the transfer, of any materials to a prohibited country or otherwise in violation of any laws.
When you visit the site or send emails to Media Analytics, you are communicating with Media Analytics electronically. We may respond to you by email or by posting notices on the site. You agree that all such notices, disclosures and other communications that Media Analytics provides to you electronically satisfy any legal requirement that such communications be in writing.
These terms, together with any additional terms to which you agree when using particular elements of desalination.com, constitute the entire and exclusive and final statement of the agreement between you and Media Analytics with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Media Analytics with respect to such subject matter. The Media Analytics Parties are third party beneficiaries with respect to the provisions in these terms that reference them; the terms do not create or infer any rights that are enforceable by any other person who is not party to the terms. These terms and the relationship between you and Media Analytics shall be governed by the laws of England and Wales and by using this site you submit to the exclusive jurisdiction of the English courts. The failure of Media Analytics to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Media Analytics and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of desalination.com. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Media Analytics without restriction.
Modifications to these terms
Media Analytics may, at its sole and absolute discretion, change these terms from time to time. Media Analytics will post notice of such changes on the applicable site. If you object to any such changes, your sole recourse shall be to cease using desalination.com. Continued use of desalination.com following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of desalination.com and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.
Revised 06 December 2011