Terms & Conditions and Privacy Policy (Last Updated November 2010)

TERMS & CONDITIONS STATEMENT

Use of this website, signals your agreement with the following. If you don't agree to the following Terms & Conditions, please DO NOT USE THIS WEBSITE, if you have, please remove all possible personal information and exit the Website.

Introduction

This Website maybe moved, removed, renamed, sold or modified without notification.
This Website is owned by DIGITAL SPACE (UK), under the following URL digitalspace.co.uk. Other Websites connected with and / or referenced from this one may not use the same Terms & Conditions or feature the same Privacy Policy; therefore these should be checked independently and used accordingly.
These terms and conditions govern your use of the Website ("Website")
Please read all of these terms and conditions carefully as use of the Website constitutes your agreement to comply with these Terms and Conditions and acceptance of the terms of the Privacy Policy. If for any reason you do not understand any aspect of the Terms & Conditions or Privacy Policy please do not use the site until such time as you do.
If you do not agree with these terms and conditions, do not use the Website in any part.
These terms and conditions may be modified without notice. It is advisable to keep checking this page on a regular basis, as revisions will be published here. Continued use of the Website will constitute your acceptance of any changes or revisions to these Terms and Conditions.
Failure or perceived failure to abide by the Website's rules, whether set out in these Terms and Conditions or posted at other locations on the Website, may result in termination of your access to the Website, without notice, justification and recourse.

Use of the Website and all Functionality

All functionality of the Website belongs to DIGITAL SPACE (UK), but displays of converted PDS files, certain graphics, text and some images are NOT deemed property of DIGITAL SPACE (UK), but the owner and originator which may or may not be stated. For clarification of individual aspects of copyright please contact us in writing. You may retrieve and display content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage devise connected to a network) for your own personal, non-commercial use. Commercial use will require written approval from DIGITAL SPACE (UK). You may not in any way make commercial or other unauthorised use by publication, retransmission, distribution, performance, caching or otherwise, of material obtained through the Website without the written approval.
Individuals are responsible for their own use of this Website, therefore you may not authorise others to use the Website, and are responsible for all of your own use of the Website. You agree not to use any obscene, indecent or offensive language, or to place on the Website any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone's privacy, encourage conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Other than connecting to the servers running the Website by HTTP requests using a Web browser, you may not attempt to gain access to servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. DIGITAL SPACE (UK) will report any such breach of this condition 2.4 to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
You are responsible for ensuring that any material you provided to the Website, in any format, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal proprietary rights of any third party and you shall fully indemnify DIGITAL SPACE (UK) on demand against all costs, damages, proceedings, expenses and claims in connection with any breach of this condition.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and DIGITAL SPACE (UK) shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose. DIGITAL SPACE (UK) shall also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impeded or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with, the Website.
You acknowledge that DIGITAL SPACE (UK) has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any otherwise linked to from this Website. We may include hyperlinks on this Website to other Websites or resources operated by parties, including advertisers. DIGITAL SPACE (UK) has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external Websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Websites, including (without limitation) any advertising, products or other material or services on or available from such Websites or resource, not for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external Websites or resource. Linking to any other service or site from this Website is at your sole risk.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of security procedures, you must treat such information as confidential, and you must not disclose it to any third party. DIGITAL SPACE (UK) shall have the right to disable any user identification code or password, whether chosen by you or allocated by it, at any time, if in its opinion you have failed to comply with any of the provisions of these terms and conditions.
DIGITAL SPACE (UK) may choose to charge for certain services on this Website, this will be conducted in line with our normal Terms & Conditions of trade, which may be requested should this portion of the agreement be relevant to your use of this Website. These trading Terms & Conditions will not be supplied unless they are applicable.

Links (in-bound and external out-bound)

Any third party Website that links to this Website must not: - create a frame or any other browser or border environment around the content of this site; - imply that DIGITAL SPACE (UK) is endorsing it or its products or services; - use any DIGITAL SPACE (UK) trademark or that of content on the Website displayed on any DIGITAL SPACE (UK) Website without permission; - infringe any intellectual property or other right of any person; - be a Website that contains content that could be construed as distasteful, offensive or controversial.
DIGITAL SPACE (UK) expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
This site may have external links which are not under the control of DIGITAL SPACE (UK) and therefore use of them and the subsequent site is solely at the user's risk; we take no responsibility for the standard, content, accuracy, security, terms and conditions, privacy policy and safety of those websites.

Use of Material Provided by You

All information and material you supply or communicate to the Website is governed by the Privacy Policy, which is accessible at any time from the bottom of any page on the Website.

DIGITAL SPACE (UK) respects the intellectual property of others, and we ask our users to do the same. DIGITAL SPACE (UK) may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright right or other intellectual property rights of others.
If you believe that your work has been copied and is accessible on any DIGITAL SPACE (UK) Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright or other intellectual property rights, please contact us.

Materials Provided by Others

You agree that DIGITAL SPACE (UK) is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

DIGITAL SPACE (UK)'s Discretion

DIGITAL SPACE (UK) reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users on the Website, in its sole discretion and without notice or reason.

Editing and Deletions

DIGITAL SPACE (UK) reserves the right to post additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of the Website constitutes your agreement to comply with these additional terms and conditions.

Additional Rules and limitation of liability

You acknowledge that you are using the service at your own risk. The service is provided "as is", and to the extent permitted by applicable law, DIGITAL SPACE (UK) and its affiliates and partners hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
DIGITAL SPACE (UK) and its affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that not viruses will be transmitted on the service.
Save for the provisions of the following clauses DIGITAL SPACE (UK) and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
At our request, you agree to compensate us fully, defend us and hold us DIGITAL SPACE (UK) harmless immediately on demand, its officers, directors, agents, affiliates, licensors, shareholders and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms and conditions by you including the use by any other persons accessing this Website using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and DIGITAL SPACE (UK) as a result of the Terms and Conditions or your use of this Website. You agree that you may not and will not hold yourself out as a representative, agent or employee of DIGITAL SPACE (UK), and we shall not be liable for any representation, act, or omission on your part, without written authorisation.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, DIGITAL SPACE (UK), other members of its group of companies and third parties connected to it hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any Websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of business, contracts, income AND REVENUE or profits;

(ii) loss of anticipated savings;

(iii) loss of data;

(iv) loss of goodwill;

(v) wasted management or administration time; and

(vi) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing in this condition 9 shall affect DIGITAL SPACE (UK)'s liability for death or personal injury arising from it's negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
DIGITAL SPACE (UK) is not responsible for failure to meet any of its obligations where such failure is due to events, which are beyond its reasonable control.

Information about you and your visits to the Website

THE INFORMATION THAT YOU PROVIDE ABOUT YOURSELF TO DIGITAL SPACE (UK) WILL ONLY BE USED BY DIGITAL SPACE (UK) IN ACCORDANCE WITH ITS PRIVACY POLICY. BY USING THE WEBSITE, YOU CONSENT TO SUCH PROCESSING AND YOU WARRANT THAT ALL DATA PROVIDED BY YOU IS ACCURATE. THE PRIVACY POLICY DOES NOT APPLY TO THIRD PARTY ISSUES.

Choice of Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these terms and conditions and the use of the Website.
For the exclusive benefit of DIGITAL SPACE (UK), DIGITAL SPACE (UK) shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

General

These Terms and Conditions are the complete and entire agreement between the parties and supersede any prior terms, conditions or agreements, whether written or oral.
If any of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
Contact Details: questions, comments and requests regarding these Terms & Conditions are welcomed and should be addressed in writing to DIGITAL SPACE (UK), 8 Charter Gate, Moulton Park, Northampton NN3 6QF, United Kingdom.

General Terms and Conditions when adding a watermark

Charges will be made for use of this service, see the service type for the relevant fees.
If the system is not used to supply files for watermarking, then an administration fee will be charged at a minimum of �50 unless otherwise agreed in advance in writing.
Digital Space (UK) Limited reserve the right to charge administration fees if communication outside of the system is required as information supplied is not clear or files do not meet specification, this will be charged at �100 per hour in 15 minute segments
Access to the system is at the discretion of Digital Space (UK) Limited.
The system is only available to those who have an approved access code; this access code should be kept private and use of it is the responsibility of the organisation the code has been issued to.
The system is designed to be available at any time, however, Digital Space (UK) Limited reserve the right to update the system or make changes, that will mean at some points the system will not be available to users.
It is the sole responsibility of the sender to check all details of the image to be watermarked meet their needs on a technical and visual level and that the watermark is suitable for publication in their chosen piece of printed material.
Digital Space (UK) Limited reserve the right to not watermark an item they feel is not suitable, for what ever reason and / or de-activate watermarks should the same become an issue once the file is watermarked whether in print or not.
Charges will be made for use of this service, see the service type for the relevant fees.
All data relating to Clic2c use in the UK and Ireland or when using this system from any geographical location is the property of Digital Space (UK) Limited, unless agreed in writing in advance.
The ONLY images supported by the system are JPEG, EPS and TIFF that can be opened in Photoshop CS4 any other images will not be accepted unless agreed in advance in writing, therefore DO NOT SEND PDF FILES.
We will watermark in CMYK, unless agreed in writing in advance.
We will watermark at the DPI supplied.
We will supply back images as JPEG files in CMYK that can be opened in Photoshop CS4, this makes file sizes more suitable for download.
All files should be final print size, including any bleed required, and match required specification (resolution, colour correction etc.) as modification of any aspect will have an impact on the watermarking and may make it inoperable.
Please check that in a reprographic stage prior to print no modifications to image specifications take place, especially to DPI, as this modifies the image and as above may cause the watermark to be inoperable, for example a RIP changes DPI from 300 to 250 to save ink.
Digital Space (UK) Limited cannot guarantee availability of a certain Keyword / reference. If one of those provided is not available an alternative will automatically be supplied.
Digital Space (UK) Limited are not responsible for landing page from watermark link unless it has been created by them and remains unmodified.
Destination pages from the watermark must be suited for mobile devices and Digital Space (UK) reserve the right not to link non-mobile pages we deem this to be suitable for the iPhone 3GS, Google Nexus One and Nokia 5800.
If you do not understand the print process, reprographics and Digital Space (UK) Limited requirements we advise you seek advice from the relevant people in your business / workflow process prior to use.
Download of the files from the system after watermarking must be done within the time frame stated on the system, normally 7 days.
To access the watermarked file you will require the email address used when sending the items (this is asked for during the step-by-step process for supplying the file) and the password that is sent back on completion to the provided email address; without this the file cannot be retrieved. It is the responsibility of the person supplying the file to provide a correct email address. If the information after the watermark has been applied is not found in your email mailbox please check your system and any spam filters / folders as Digital Space (UK) Limited cannot be held responsible for delivery of the email with information, only that it was despatched from our servers.

Specific to Manual Watermarking:

Prices

All manual watermarking and artwork services are charged at �100 per hour in 15-minute segments, unless agreed in writing prior to the watermarking taking place.
The standard cost of the watermark (MRC) is �500 for single use, in a single piece of printed materials for one calendar month, with each additional month charged at �100 for the same MRC. The same MRC may be used in alternative printed materials with prior approval, subject to art working costs. Any alteration to these fees must be agreed in writing prior to watermarking.
All MRC costs must be paid in advance of publication, unless agreed in writing and where you have an approved credit account with Digital Space (UK) Limited.
Rush charges are as follows:

Watermarks delivered within 1 working day / 24 working hours +50% of cost (�150 per hour in 15-minute segments)
Watermarks delivered within 4 working hours +100% of cost (�200 per hour in 15-minute segments)

All client support via phone or email is charged at �100 per hours in 15-minute segments.
All manually delivered watermarks will be tested on screen and via colour calibrated CMYK laser print using the following devices: iPhone 3Gs, Google Nexus One Android, Nokia 5800 Symbian device. Other devices can be tested if available at �10 per device.
All client support via phone or email is charged at �100 per hours in 15-minute segments.
Digital Space (UK) Limited can check destination pages, but will charge for this at �100 per hour, minimum 2 hours, and provide a written report, unless agreed in writing otherwise. All aspects for the checking service must be agreed in writing, as it is NOT a standard service.

Terms and conditions of use of Manual Watermarking

You must complete the form in full.
You must agree to all Digital Space (UK) Limited Terms and Conditions and Privacy Policy, these can be seen during the watermarking system process and you will be asked to confirm this along with other legal requirements for every submitted image.
Minimum time for watermarking is 3 working days / 72 working hours (working hours are deemed as Monday to Friday 9.00 to 17.00 non-English holiday dates); however Digital Space (UK) Limited reserve the right to change this, which will be shown on the system. Digital Space (UK) Limited may provide the file ahead of this time at no extra cost at their discretion.
If you have any questions please ASK IN WRITING prior to use at the following address: prewatermarksupport@clic2c.co.uk

Specific to Automatic Watermarking:

Prices

The cost of using the automated system to add a watermark (MRC) to an image is �10 per item.
The standard cost of the watermark is �500 for single use, in a single piece of printed materials for one calendar month, with each additional month charged at �100 for the same MRC. The same MRC may be used in alternative printed materials with prior approval but this must be added manually, not via the automated system and is subject to art working costs. Any alteration to these fees must be agreed in writing prior to watermarking.
All client support via phone or email is charged at �100 per hours in 15-minute segments
Digital Space (UK) Limited can provide an optional checking service. A watermark will be tested on screen and via colour calibrated CMYK laser print using the following devices: iPhone 3Gs, Google Nexus One Android, Nokia 5800 Symbian as standard for a fee of �50. Other devices can be tested if available at �10 per device.

Terms and conditions of use of Automatic Watermarking

You must complete the form in full.
You must agree to all Digital Space (UK) Limited Terms and Conditions and the Privacy Policy, these can be seen during the watermarking system process and you will be asked to confirm this along with other legal requirements for every submitted image.
Minimum time for watermarking is 3 working days / 72 working hours (working hours are deemed as Monday to Friday 9.00 to 17.00 non-English holiday dates); however Digital Space (UK) Limited reserve the right to change this, which will be shown on the system. Digital Space (UK) Limited may provide the file ahead of this time at no extra cost at their discretion.
Watermarking required before the above time should be requested via the manual system and is subject to those conditions.
The system will place a watermark in the whole of the supplied image, excluding areas of white (defined as less than 5% ink coverage) and black (defined as more than 80% ink coverage), this is to take account of dot gain and the requirements of a clear printed dot to add a watermark to. The intensity of the watermark will be charged based on the output type (this is a choice within the system) and at a medium intensity to balance imperceptibility with the printed material; if this is not suitable for your needs you must use the manual watermarking service.
All automated services are not tested by Digital Space (UK) Limited and we draw your attention to the general rule: It is the sole responsibility of the sender to check that all details of the image to be watermarked meet their needs on a technical and visual level and that the watermark is suitable for publication in their chosen piece of printed material. Any problem with a watermarked image must be communicated to Digital Space (UK) Limited prior to publication.
Digital Space (UK) Limited can check destination pages, but will charge for this at �100 per hour, minimum 2 hours, and provide a written report, unless agreed in writing otherwise. All aspects for the checking service must be agreed in writing, as it is NOT a standard service.
If you have any questions please ASK IN WRITING, prior to use, at the following address: prewatermarksupport@clic2c.co.uk

If you don't agree to the Terms & Conditions, please remove all possible information and exit the Website.