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site terms
1)
ACCEPTANCE OF TERMS
1.1) Your
access to and use of www.theaerialpicturcompany.co.uk
("the Website") and any Services referred to in Clause
2, is subject exclusively to these Terms and Conditions.
You will not use the Website/Services for any purpose
that is unlawful or prohibited by these Terms and
Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these
Terms and Conditions you must immediately stop using the
Website/Services.
1.2) We
reserve the right to update or amend these Terms and
Conditions at any time and your continued use of the
Website/Services following any changes shall be deemed
to be your acceptance of such change. It is therefore
your responsibility to check the Terms and Conditions
regularly for any changes.
2) THE
SERVICES
Services,
products and information offered or advertised on this
site are where indicated express or implied are provided
by third parties. Any contracts entered into are between
the third party and yourself.
3) PRIVACY
POLICY
We are
committed to responsible data management and subscribe
to the principals of the data protection legislation in
the United Kingdom. We are committed to maintaining the
privacy of our users and maintaining the security of any
personal information received from you. If you register
for any of the Services you will be asked to provide
basic personal information. The information provided by
you is not available for sale or use by third parties.
The information is used solely for notifying you of
changes or updates to the Website/Services.
4)
ACCEPTABLE USE
4.1) You
acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations
and other materials ("the Content"), whether posted
publicly or transmitted privately, are the sole
responsibility of the person from whom such Content
originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of
such Content and you acknowledge that by using the
Services you may be exposed to Content that is offensive
and/or indecent. www.theaerialpicturcompany.co.uk will
not be liable in any way for any Content or for any loss
or damage of any kind resulting from the use of any
Content transmitted via the Services and you agree to
bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness
of such Content.
4.2) In
using the Website/Services you agree not to:
4.2.1) use
the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages,
commercial or otherwise;
4.2.2) post,
publish, distribute or disseminate material or
information that is defamatory, infringing, obscene,
indecent, threatening, abusive, harassing or unlawful;
4.2.3) post,
publish, distribute or disseminate material or
information that incites discrimination, hate or
violence towards any person or group on account of their
race, religion, disability, nationality or otherwise;
4.2.4)
threaten, abuse, disrupt, stalk or otherwise violate the
legal rights (including rights of privacy and publicity)
of others;
4.2.5) use
any information or material in any manner that infringes
any copyright, trademark, patent or other proprietary
right of any party;
4.2.6) make
available or upload files that contain a virus, worm,
trojan or corrupt data that may damage the operation of
the computer or property of another;
4.2.7)
collect or store personal information about others,
including email addresses;
4.2.8)
advertise or offer to buy or sell goods or services for
any commercial purpose, unless such communication
facility specifically allows such messages;
4.2.9)
impersonate any person or entity for the purpose of
misleading others;
4.2.10)
violate any applicable laws or regulations;
4.2.11) use
the Website/Services in any manner that could damage,
disable, overburden or impair the Website/Services or
interfere with any other party's use and enjoyment of
the Website/Services;
4.2.12)
post, publish, distribute or disseminate material or
information that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information or
confidential information disclosed in the course of
employment or under a confidentiality agreement);
4.2.13)
attempt to gain unauthorised access to any of the
Services, other accounts, computer systems or networks
connected to the Website/Services through hacking,
password mining or any other means.
4.3) We have
no obligation to monitor the Services but shall be
entitled to review materials posted to a communications
facility and, at our sole discretion, to remove any
material that breaches these Terms and Conditions or is
otherwise objectionable.
5)
TERMINATION
We have the
right to terminate your access to any or all of the
Services at any time, without notice, for any reason,
including without limitation, breach of these Terms and
Conditions. We may also at any time, at our sole
discretion, discontinue the Website/Services or any part
thereof without prior notice and you agree that we shall
not be liable to you or any third party for any
termination of your access to the Website/Services.
6) LINKS TO
THIRD PARTY WEBSITES
The
Website/Services may include links to third party
websites that are controlled and maintained by others.
Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that
www.theaerialpicturcompany.co.uk is not responsible for
the content or availability of any such sites or
contractual agreements you may enter into with them.
7)
INTERNATIONAL USE
You agree to
comply with all applicable laws regarding the
transmission of technical data exported from the United
Kingdom or the country in which you reside (if
different) and with all local laws and rules regarding
acceptable use of and conduct on the Internet.
8)
INTELLECTUAL PROPERTY RIGHTS
8.1) The
Website and its content (including without limitation
the Website design, text, graphics and all software and
source codes connected with the Website and the
Services) are protected by copyright, trade marks,
patents and other intellectual property rights and laws.
None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright
holder.
8.2)
www.theaerialpicturcompany.co.uk own the copyrights for
this website and its contents and coding. Items that
www.theaerialpicturcompany.co.uk does not own are used
with the permission of their owners. Any infringements
of the copyrights , trade marks, patents and other
intellectual property rights and laws will be
Prosecuted.
9) INDEMNITY
You agree to
indemnify and hold www.theaerialpicturcompany.co.uk
harmless from and against any breach by you of these
Terms and Conditions and any claim or demand brought
against www.theaerialpicturcompany.co.uk by any third
party arising out of your use of the Services and/or any
Content submitted, posted or transmitted through the
Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and
expenses) howsoever suffered or incurred by
www.theaerialpicturcompany.co.uk in consequence of your
breach of these Terms and Conditions.
10)
DISCLAIMERS AND LIMITATION OF LIABILITY
10.1) Use of
the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or
endorsement made and without liability or warranty of
any kind whether express or implied, including but not
limited to the implied warranties of satisfactory
quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
10.2) To the
extent permitted by law,
www.theaerialpicturcompany.co.uk will not be liable for
any indirect or consequential loss or damage whatsoever
(including without limitation loss of business,
opportunity, data, profits) arising out of or in
connection with the use of the Website/Services.
10.3)
www.theaerialpicturcompany.co.uk makes no warranty that
the Website/Services will meet your requirements, that
Content will be accurate or reliable, that the
functionality of the Website/Services will be
uninterrupted or error free, that defects will be
corrected or that the Website/Services or the server
that makes them available are free of viruses or
anything else which may be harmful or destructive.
10.4)
Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of
www.theaerialpicturcompany.co.uk for death or personal
injury as a result of the negligence of
www.theaerialpicturcompany.co.uk .
10.5)
Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
11)
SEVERANCE
If any of
these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction then such Term or
Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and
effect and continue to be binding and enforceable.
12)
GOVERNING LAW
These Terms
and Conditions shall be governed by and construed in
accordance with the law of England and you hereby submit
to the exclusive jurisdiction of the English courts.
If you have
any questions concerning these terms of use please
e-mail info@theaerialpicturcompany.co.uk or contact us –
The Aerial Picture Company by phone on either 07786
804141 / 07775 805439 |