Terms and Conditions
(1) Introduction
These
terms and conditions govern your use of our website; by using our website, you
accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these
terms and conditions, you must not use our website.
(2) These terms and conditions
These terms and
conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.
(3) Licence to use website
Unless
otherwise stated, we or our licensors own the intellectual property rights in
the website and material on the website.
Subject to the licence below, all these intellectual property rights are
reserved.
You may view,
download for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and elsewhere in
these terms and conditions.
You
must not:
(a) republish material from this website
(including republication on another website);
(b) sell, rent or sub-license material from
the website;
(c) show any material from the website in
public;
(d) reproduce, duplicate, copy or otherwise
exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on
the website; or
(f) redistribute material from this website
except for content specifically and expressly made available for redistribution
such as our newsletter.
Where content is specifically made available for
redistribution, it may only be redistributed within your organisation.
(4) Acceptable use
You
must not use our website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website; or
in any way which is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity.
You
must not use our website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software.
You
must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our website without our express written
consent.
You
must not use our website to transmit or send unsolicited commercial
communications.
You
must not use our website for any purposes related to marketing without our
express written consent.
(5) Restricted access
Access
to certain areas of our website may be restricted. We reserve the right to restrict access to areas of our website,
or indeed our whole website, at our discretion.
If we provide you with a user ID and password
to enable you to access restricted areas of our website or other content or
services, you must ensure that that user ID and password is kept
confidential.
We
may disable your user ID and password in our sole discretion without notice or
explanation.
(6) User generated content
In
these terms and conditions, “your user content” means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to our website, for whatever purpose.
You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to
use, reproduce, adapt, publish, translate and distribute your user content in
any existing or future media. You also
grant to us the right to sub-license these rights, and the right to bring an
action for infringement of these rights.
Your
user content must not be illegal or unlawful, must not infringe any third
party's legal rights, and must not be capable of giving rise to legal action
whether against you or us or a third party (in each case under any applicable
law).
You
must not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
We
reserve the right to edit or remove any material submitted to our website, or
stored on our servers, or hosted or published upon our website.
Notwithstanding
our rights under these terms and conditions in relation to user content, we do
not undertake to monitor the submission of such content to, or the publication
of such content on, our website.
(7) Limited warranties
We do
not warrant the completeness or accuracy of the information published on this
website; nor do we commit to ensuring that the website remains available or
that the material on the website is kept up-to-date.
To
the maximum extent permitted by applicable law we exclude all representations,
warranties and conditions relating to this website and the use of this website
(including, without limitation, any warranties implied by law of satisfactory
quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
Nothing in these
terms and conditions will: (a) limit or exclude our or
your liability for death or personal injury resulting from negligence; (b)
limit or exclude our or your liability for fraud or fraudulent
misrepresentation; (c) limit any of our or
your liabilities in any way that is not permitted under applicable law; or (d)
exclude any of our or your liabilities that may not be excluded under
applicable law.
The limitations and
exclusions of liability set out in this Section and elsewhere in these terms and
conditions: (a) are subject to the preceding paragraph; and (b) govern all
liabilities arising under the terms and conditions or in relation to the
subject matter of the terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
To the extent that
the website and the information and services on the website are provided
free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
We will not be
liable to you in respect of any loss or corruption of any data, database or
software.
We will not be
liable to you in respect of any special, indirect or consequential loss or
damage.
(9) Indemnity
You
hereby indemnify us and undertake to keep us indemnified against any losses,
damages, costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by us to a third party in settlement of a claim
or dispute on the advice of our legal advisers) incurred or suffered by us
arising out of any breach by you of any provision of these terms and conditions
or arising out of any claim that you have breached any provision of these terms
and conditions.
(10) Breaches of these terms and
conditions
Without prejudice to our other
rights under these terms and conditions, if you breach these terms and
conditions in any way, we may take such action as we deem appropriate to deal
with the breach, including suspending your access to the website, prohibiting
you from accessing the website, blocking computers using your IP address from
accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings
against you.
(11) Variation
We may revise these terms and conditions from
time-to-time. Revised terms and
conditions will apply to the use of our website from the date of the
publication of the revised terms and conditions on our website. Please check this page regularly to ensure
you are familiar with the current version.
(12) Assignment
We
may transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms and conditions without notifying you or obtaining your
consent.
You
may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
(13) Severability
If a provision of these terms and
conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in
effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it were
deleted, that part will be deemed to be deleted, and the rest of the provision
will continue in effect.
(14) Exclusion
of third party rights
These terms and
conditions are for the benefit of you and us, and are not intended to benefit
any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms
and conditions is not subject to the consent of any third party.
(15) Entire
agreement
These terms and conditions, together with our
privacy policy, constitute the entire agreement between you and us in relation
to your use of our website, and supersede all previous agreements in respect of
your use of this website.
(16) Law and jurisdiction
These terms and conditions will
be governed by and construed in accordance with English law, and any disputes
relating to these terms and conditions will be subject to the exclusive
jurisdiction of the courts of England and Wales.
The
full name of our company is ModelMountain.
Our
registered address is 9 Parc Godrevy, Newquay, Cornwall. TR7 1TY. UK
You
can contact me Nige Emery by email to info@modelmountain.co.uk.