Terms and Conditions

This document was last updated in December 2018.

cyanforensics.com and cyanprotect.com are websites operated by Cyan Forensics Ltd (“Cyan Forensics”, “we” or “us”).

Cyan Forensics is registered in Scotland under company number SC538756 and its registered office is at 5th Floor, 125 Princes Street, Edinburgh, Scotland, EH2 4AD.

Our VAT number is GB 246482882.

If you want to write to us, the address is:

Cyan Forensics
CodeBase
Argyle House
3 Lady Lawson Street
EDINBURGH
EH3 9DR

These general Terms and Conditions (“Terms”) are an agreement (“Agreement”) between you and us and cover your use of the information, software, products and services made available through cyanforensics.com or cyanprotect.com (the “Website”). By using the Website, you agree to be bound by these Terms, as well as our Privacy Policy.

The content of the pages of this website is for your general information and use only.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

The Website is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. By using the Website, you agree to these Terms and notices.

Consent to receive communications

By providing your contact details to us through the Website, you agree that we may contact you.  You can ask us to stop by emailing us, or in some cases, by clicking the unsubscribe link.

Intellectual property rights

For the purposes of these Terms, “Intellectual Property Rights” means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and and any similar right in any jurisdiction.

Cyan Forensics shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to all content found on the Website (the “Content”).

Except as otherwise provided in these Terms, you must not:

• reproduce, modify, translate or create derivative works of any Content;
• sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content; or
• circumvent or disable any security or technical features of the Content.

The contents of this website (including text, graphics, the design of the website, the underlying source code and/or software and any other material) are protected by copyright owned by Cyan Forensics and/or its suppliers, affiliates and partners, except where otherwise stated. All rights reserved.

The names of any companies or products mentioned on the Website may be the trademarks of their respective owners.

No unlawful or prohibited use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You will not use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You will not obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website.

The Content is protected by copyright and all other applicable Intellectual Property Rights set out above.  You are not permitted, without obtaining specific written permission from Cyan Forensics, to:

• Store the website, or any parts thereof, other than as set out in the terms & conditions;
• Print copies of the website, or any parts thereof, except for your own viewing for private purposes or for the purposes of your business (except for commercial purposes, such as re-publishing thereof);
• Reproduce, copy or transmit the website, or any parts thereof, in any way for any purpose or in any medium.
• Alter the website, any part thereof, or any of the content thereof in any way.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Our status (and those of any identified contributors) as the authors of material on the Website must always be acknowledged and you must not use the material in a derogatory manner. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Acceptable use of communication services

The Website may contain services such as a blog commenting system and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using a Communication Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• restrict or inhibit any other user from using and enjoying the Communication Services;
• breach any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
• breach any applicable laws or regulations.

We reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Cyan Forensics reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached these Terms or are misusing the Communication Services in any way.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorised spokespersons and their views do not necessarily reflect our views.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for keeping within these limitations if you download the materials.

Links to third party websites

Cyan Forensics’ websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Cyan Forensics does not sponsor and is not legally associated with any third party Linked Sites. Cyan Forensics is not legally authorised to use any trade name, registered trademark, logo or copyrighted material that may appear in the link.

Cyan Forensics does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Cyan Forensics is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Cyan Forensics will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) Cyan Forensics does not warrant or support any service provided by the third party.

Liability disclaimer

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information on the Website. Cyan Forensics and/or its suppliers may make improvements and/or changes to the Website at any time.

Although Cyan Forensics will use its reasonable efforts to keep the Website available and the information on the Website reasonably accurate, Cyan Forensics and/or its suppliers make no representations about the suitability, performance, completeness, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Cyan Forensics and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

You acknowledge that such information and materials may contain inaccuracies or errors and Cyan Forensics expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Neither Cyan Forensics nor our agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.

Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.

A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

Modifications

We aim to update the Website regularly and can change the content at any time, and is subject to change without notice. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.

Entire agreement

Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.

Assignment

You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.

Waiver

Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Applicable law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of Scotland.