Legal Information & Notices

Pelican Crossing is the trading name of Pelican Crossing Interactive Limited.
Pelican Crossing Interactive Limited is a company registered in England No. 6910703

Registered Office:
Pelican Crossing Incteractive Ltd.
Suite 404
324 Regent Street
London
W1B 3HH
UK

Pelican Crossing Interactive Ltd. or its affiliates maintain this web site and all other Pelican Crossing Interactive Ltd. sites linked to this site (collectively "the Site"). All content, including information, graphics, software, communications, text, sounds, scripting, and any other materials and services found on the Site ("Content") are maintained by Pelican Crossing Interactive Ltd. for the use of its customers, employees and members of the general public but only for the lawful purposes as described below.

Acceptance of contract terms and jurisdiction

In exchange for accessing, browsing and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.K. export and re-export control laws and regulations. You represent you have the legal authority to accept these Web Site Terms of Use on behalf of yourself and any party you represent. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any U.K. court, such invalidity shall not affect the enforceability of any other provision of the Web Site Terms of Use. Pelican Crossing Interactive Ltd. provides the Content subject to these Terms of Use, which may be updated from time to time. You agree that it is up to you to periodically check these Terms of Use, and that your continued use of this site after the posting of a modified Terms of Use will constitute your acceptance of such modified Terms of Use.

If you do not agree to these terms, you are not allowed to use this Site.

The Site is controlled and operated in whole or in part by Pelican Crossing Interactive Ltd. from its offices within the United Kingdom. YOU AGREE THAT THE LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN THE UNITED KINGDOM. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Pelican Crossing Interactive Ltd. makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Pelican Crossing Interactive Ltd. reserves the right in its sole discretion to refuse or terminate your access to the Site at any time. Pelican Crossing Interactive Ltd. is not liable for any unauthorized use of the Site or the Content.
You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Content's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pelican Crossing Interactive Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pelican Crossing has the right to suspend or terminate your account and refuse any and all use of the Content (or any portion thereof).
You will receive a password and account designation upon completing the Content's registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pelican Crossing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pelican Crossing Interactive Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with this term.

Restrictions on use of content

Copyright © 2005-2009 Pelican Crossing Interactive Ltd. All Rights Reserved. You acknowledge, having been advised by Pelican Crossing Interactive Ltd., that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively "Rights"). In addition to Pelican Crossing Interactive Ltd. Rights in individual elements of the Content, Pelican Crossing Interactive Ltd. or its licensors own a copyright in the selection, co-ordination and arrangement of the Content. You are hereby granted permission to access the Content, (and, except where otherwise specified or provided by Pelican Crossing Interactive Ltd., print a single copy of the information) but only for purposes of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. Pelican Crossing Interactive Ltd. is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use. All other use of Content from the Site, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software for uses other than those expressly permitted may not be made without Pelican Crossing Interactive Ltd. prior express written consent.

Submissions of information

Although Pelican Crossing Interactive Ltd. provides certain security measures to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to Pelican Crossing Interactive Ltd. through the Site, Pelican Crossing Interactive Ltd. does not warrant the security of any information transmitted to or from the Site. You agree to assume the security risk for any information you provide using the Site. Other than the Financial Information, do not send any confidential or proprietary information to Pelican Crossing Interactive Ltd. through the Site. Except for the Financial Information or personally identifiable information relative to you, any information or Content you send or transmit to Pelican Crossing through the Site or a newsgroup will be deemed NOT to be confidential ("non-confidential information"). You hereby grant Pelican Crossing Interactive Ltd. an unrestricted, perpetual, worldwide royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the non-confidential information and Content you send to or via the Site or a newsgroup, and you agree that Pelican Crossing Interactive Ltd. is free to use any expression, ideas, concepts, know-how or techniques that you send to or via the Site or a newsgroup for any purpose. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability. You are solely responsible for providing and maintaining true, accurate, current and complete information if you chose to provide information.

You agree to indemnify and hold Pelican Crossing Interactive Ltd., its parents, subsidiaries, affiliates, officers, directors, employees, agents, co-branders and partners harmless from any claim or demand, including reasonable solicitors fees, made by any third-party due to or arising out of Content you submit, post, transmit or make available through the Site or a newsgroup, your use of the Site or a newsgroup, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or a newsgroup, use of the Site or a newsgroup, or access to the Site or a newsgroup.

You acknowledge that Pelican Crossing Interactive Ltd. gathers personally identifiable information. You irrevocably consent to Pelican Crossing Interactive Ltd. use and disclosure of such data, and to the storage of such data in the United Kingdom.

Forums

Pelican Crossing Interactive Ltd. created certain forums and Wiki for the benefit of its users. All information, data, text, software, music, sound, photos, graphics, videos, messages or other materials not posted by Pelican Crossing Interactive Ltd. ("Posted materials") are the sole responsibility of the posting party. You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Pelican Crossing Interactive Ltd. web sites or forums. Pelican Crossing Interactive Ltd. assumes no liability for such Posted Materials and you are solely responsible for any liability arising from or related to any Posted Materials you transmit in any manner via the Site or forums.
Pelican Crossing Interactive Ltd. does not control the Posted Materials and does not warrant the nature, accuracy, integrity, or quality of the Posted Materials or that you will not be exposed to offensive, indecent, or objectionable material. Pelican Crossing Interactive Ltd. reserves the right to remove any material that it determines, in its sole discretion, to be offensive, indecent or objectionable.

You bear all risks associated with the use of the Content and forums and Wiki, including any reliance on the accuracy, completeness, or usefulness of such Content or forums. In this regard, you acknowledge that you may not rely on any Content submitted to Pelican Crossing Interactive Ltd. web sites or forums.

You acknowledge and agree that Pelican Crossing Interactive Ltd. may preserve Content and may also disclose Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pelican Crossing Interactive Ltd., its users and the public.

You agree not to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. upload, post, email, transmit or otherwise made available any Content that is harmful to minors in any way;

3. impersonate any person or entity, including but not limited to, a Pelican Crossing Interactive Ltd. official, form or newsgroup leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via or to the Site or any newsgroup;

5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available;

6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

11. "stalk" or otherwise harass another; or

12. collect or store personal data about other users.

Pelican Crossing Interactive Ltd. reserves the right to, without undertaking the obligation, to refuse, delete or move any Content uploaded, posted, emailed, transmitted or otherwise delivered to the Site or a newsgroup, in Pelican Crossing sole discretion. Pelican Crossing Interactive Ltd. may terminate your access to the forums and forums at any time.

Policy changes

Pelican Crossing Interactive Ltd. may from time to time change its privacy policies. If the changes are significant, a prominent notice will be displayed on the web site, and optionally a notice will be sent directly to you. The notice will tell you how you can opt-out of any modified use because of the privacy policy changes. You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please write to us at the address below.

Links to third party web sites

Pelican Crossing Interactive Ltd. web sites may contain links to other sites. Pelican Crossing Interactive Ltd. assumes no responsibility for the content or the privacy policies and practices of such web sites. Pelican Crossing Interactive Ltd. encourages you to read the privacy statements of these linked sites; their privacy practices may differ from ours.

Pelican Crossing Interactive Ltd. proprietary rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by Pelican Crossing Interactive Ltd., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Pelican Crossing Interactive Ltd. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Pelican Crossing Interactive Ltd. for use in accessing the Site.

Disclaimer of warranty

Pelican Crossing Interactive Ltd. intends for the information and data contained in the Pelican Crossing Interactive Ltd. web site to be accurate and reliable, however, since the information and data have been compiled by Pelican Crossing from a variety of sources, it is provided "as is."

PELICAN CROSSING INTERACTIVE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE PELICAN CROSSING WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

LIMITATION OF LIABILITY
PELICAN CROSSING INTERACTIVE LIMITED WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE USE, MISUSE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, GENERAL, COMPENSATORY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Trademarks & service marks

Pelican Crossing, Blink 3D are trademarks of Pelican Crossing Interactive Ltd. Other trademarks shown on Pelican Crossing Interactive Ltd. web sites are owned by third parties. No Pelican Crossing Interactive Ltd. trademark or service mark may be used without prior written permission from Pelican Crossing Interactive Ltd.