TERMS OF
USE
Last updated November 8, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Laterna
Glass, Crafts and Jewellery ("Company," "we,"
"us," "our").
We operate, as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively,
the "Services").
You can contact us by email at [email protected] or by mail to PO Box 16638, Glasgow,
G31 3BU.
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity ("you"), and Laterna Glass,
Crafts and Jewellery, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms at any time
and for any reason. We will alert you about any changes by updating the
"Last updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
We recommend that you print a copy of
these Legal Terms for your records.
TABLE OF
CONTENTS
1.
OUR SERVICES
2.
REGISTRATION
3.
PLACING AN ORDER
4.
DESCRIPTION AND PRICE OF GOODS
5.
PAYMENTS
6.
NEWSLETTERS
7.
YOUR USE OF OUR SERVICES
8.
YOUR SUBMISSIONS
9.
INTELLECTUAL PROPERTY RIGHTS
10.
PROHIBITED ACTIVITIES
11.
USER REPRESENTATIONS
12.
USER GENERATED CONTRIBUTIONS
13.
CONTRIBUTION LICENCE
14.
SERVICES MANAGEMENT
15.
TERM AND TERMINATION
16.
MODIFICATIONS AND INTERRUPTIONS
17.
GOVERNING LAW
18.
DISPUTE RESOLUTION
19.
CORRECTIONS
20.
DISCLAIMER
21.
LIMITATIONS OF LIABILITY
22.
IDEMNIFICATION
23.
USER DATA
24.
ELECTRONIC COMMUNICATIONS
25.
MISCELLANEOUS
26.
CONTACT US
1. OUR SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
2. REGISTRATION
To register with www.laternaglasscraftsandjewellery.co.uk you must be at least 18 years of age.
Each registration is for a single user only, whether or not acting on behalf of
a company or other organisation. We strictly advise you to not share your User
name and password with any other person or with multiple users on a network.
User must finish the registration
process by providing Company with current, complete, and accurate information
as requested by the applicable registration form. The user will also select a
password and a user name. You are responsible for the security of any passwords
issued, and if you know or suspect that someone else knows your password,
please contact us immediately. The user is solely responsible for keeping any
passwords and account information secure. Furthermore, User is solely
accountable for all activity that takes place under its account. User agrees to
immediately alert Company of any unauthorised use of their account or any other
security breach. The company will not be liable for any losses incurred as a
result of someone else's negligence.
We have the right to deny access to any
User at any time and for any reason. Furthermore, Company may transfer rights
and duties under these Terms at any time to any current or future Company
subsidiary or business unit, or any companies or divisions, or any entity that
acquires Company or any of its assets.
3. PLACING AN ORDER
You must be 18 years old or over to
order goods via this site. All orders must be accepted by us and are subject to
availability. You can place an order with us by ordering via our online
checkout process. Following the checkout process you will be given the
opportunity to check your order and to correct any errors. After we receive
your order, you will receive an email acknowledgement, detailing the products
you ordered and confirmation that we have received your order. Please note that
this does not mean that your order has been accepted. No contract exists
between you and us for the sale of any goods until we have received your order
and accepted it (even if your payment has been processed immediately). A
contract will only be formed upon the Dispatch Notice. The contract is subject to your right of
cancellation within 14 days of receiving the goods.
If, in our reasonable opinion, there is
a mistake or error, we have the right to cancel your transaction and return
your cash. If the error is discovered before the order is sent, we will use all
reasonable efforts to notify you and provide you the option of re-placing the
purchase at the proper price or having your order reimbursed.
We may conduct credit reference agency
searches to verify your identification and the personal information you provide
as part of your transaction. Your personal information may be checked against
any database to which the authorities have access. They may potentially use
your information in the future to assist other firms with verification. YOU
AGREE TO THIS BY SUBMITTING YOUR ORDER.
We may decline to accept
an order at our discretion:
a) Where we are unable to
acquire payment authorization.
b) If there was a mistake in
the pricing or product description.
c) If you do not fulfil any
of the qualifying requirements outlined in our terms and conditions.
d) When the things you
ordered are not available.
e) There is a suspected
error or missing information in the postal address given.
We will re-credit your
account with any amount withdrawn by us from your debit or credit card as soon
as feasible, within 30 days of your order placing, if we have not accepted your
order but have processed your payment. We are not obligated to give any further
compensation for dissatisfaction. To acquire items from our site, you must
follow and comply with all applicable rules and legislation, including
acquiring all necessary customs, import, or other permissions. Certain national
laws may make the importing or exporting of certain commodities to you illegal.
We make no representations and take no responsibility for the export or import
of the products you purchase.
4. DESCRIPTION AND PRICE OF GOODS
We have attempted to describe and
depict products as precisely as possible. Despite this, minor differences in
goods may occur. We give product information on our website,
www.laternaglasscraftsandjewellery.co.uk. Please contact our customer support
staff if there is anything you do not understand or if you require further
information. Product photos are purely for illustration purposes. Although we
have taken every attempt to correctly portray colours, we cannot guarantee that
your computer's display of colours accurately reflects the colour of the items.
Your goods may differ slightly from those seen in the photographs.
We take every precaution to guarantee
that the price on our website is correct. However, if a mistake in a product's
pricing is discovered, we have the right to cancel your order or contact you to
arrange payment of any excess or refund any overpayment made by you.
The prices on www.laternaglasscraftsandjewellery.co.uk include VAT at the current rate. We
reserve the right to alter prices at any time. If we find an inaccuracy in the
pricing or product description, we can take whatever action is necessary to
remedy it. Any percentage reductions are not applicable to sale products.
Occasionally, material on our Site may
contain typographical mistakes, inaccuracies, or omissions relating to product
descriptions, price, promotions, offers, product shipping charges, transit
times, and availability. We reserve the right, at any time, even if you have
already submitted your order, to correct any errors, inaccuracies, or
omissions, and to change or update information, remove certain products, or
cancel orders if any information on our Site or any related material on the
website which is inaccurate.
5. PAYMENTS
You may pay for your order in a variety
of ways. Mastercard and Visa credit cards are accepted. Debit cards
such as Maestro, Visa, Delta, Solo, and Electron are also accepted.
Credit for accounts
You confirm that the card or Paypal account being used belongs to you. We
may conduct credit reference agency searches to validate your identification
and the Personal Information you provide as part of the order. Please be
advised that if you pay using PayPal, we retain the right not to ship to
unverified addresses.
Payment can be made using any of the
methods listed on our website. Payment is needed before delivery. If payment is
not received, your order will be cancelled. There will be no delivery until
full payment is received.
Online payment: Our secure server
software encrypts all of your credit card information. The technique scans all
information, making it impossible for an unauthorised third party to intercept
it. Your browser will certify that you are shopping in a safe environment by
displaying a locked padlock icon or a picture of a padlock next to the payment
information in the appropriate area of the website.
We will confirm your name, address, and
other personal information given under these terms and conditions to guarantee
that your credit, debit, or charge card is not used without your agreement.
Personal information submitted by you may be transmitted to a registered Credit
Reference Agency during the course of these checks, which may retain a record
of such information. You may be confident that this is simply done to validate
your identification, that no credit check is undertaken, and that your credit
rating will not be affected. All information you supply will be subject to
security checks, and we may request additional information or evidence to back
up the data you submitted.
YOU MUST KEEP YOUR ACCOUNT DETAILS
SAFE.
6. NEWSLETTERS
All Users get newsletters and/or other
information emails from the company (collectively referred to as
"Newsletters"). We may tell you about new services, features, or
products in these Newsletters. Users may unsubscribe from the Newsletter at any
time by clicking the unsubscribe link at the bottom of our emails or by writing
to us at [email protected] or following the unsubscribe link
contained in each of the emails. Full details regarding our privacy policy,
please visit our Privacy Policy page.
7. YOUR USE OF OUR SERVICES
Subject to your compliance with these
Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we
grant you a non-exclusive, non-transferable, revocable license to: access the
Services; and download or print a copy of any portion of the Content to which
you have properly gained access; solely for your personal,
non-commercial use or internal business purpose.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or elsewhere
in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly
granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal Terms and your
right to use our Services will terminate immediately.
8. YOUR SUBMISSIONS
Please review this section and the
"PROHIBITED ACTIVITIES" section carefully prior to using our Services
to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post
or upload: By sending us Submissions
through any part of the Services you: confirm that you have read and agree with
our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload,
or transmit through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading; to the extent permissible by applicable law, waive
any and all moral rights to any such Submission; warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and warrant and
represent that your Submissions do not constitute confidential information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
Any content you communicate or publish
to this website, other than personally identifiable information protected by
the Privacy Policy, shall be deemed non-confidential and non-proprietary. We
shall be under no obligation to use such material. We and our nominees will be
free to copy, disclose, distribute, incorporate, and otherwise use such
material, as well as all data, images, sounds, text, and other things embodied
therein, for any and all commercial or non-commercial purposes.
When User publishes material or
contributions to the Company website, User grants Company a limited, revocable,
non-exclusive, and non-assignable right to use that content or contribution for
any purpose permitted by these Terms. In particular, the Company may utilise
the material or contribution submitted by the User for marketing purposes or in
any other way. User material or contributions may be used by the Company in any
form, manner, or medium currently known or hereafter developed.
Despite the fact that the user offers
the company a licence, as indicated above, WE DO NOT OWN USER CONTENT. This
licence allows us some rights while also limiting what we can and cannot do
with the content, as detailed below:
a) Company may not sell or
give away User material as permanent downloads or physical copies, either alone
or in a compilation. b)
b) Company may not continue
exercising the licence after User submits a termination request, as indicated
below.
c) Company may not use,
licence, or sub-license User/Member material outside of the Company website.
d) Company may allow other
parties to exercise these rights within the Company website. Company may use
these rights without paying User any payment, royalties, or other fees of any
kind.
e) Company may exercise
these rights throughout the Company's website(s), globally.
f) The user may provide
comparable permissions to others.
g) The user may cancel the
licence at any time by following the methods outlined below.
h) To request deletion of
User material, send an e-mail to Customer Service at
[email protected] with the e-mail address associated
with the specific content you wish to delete in the subject line, along with
the words 'Delete User material'. Please keep in mind that if the User later
posts the same or comparable information on the Company's website, this
deletion notice will be rendered null and invalid.
i) The Company provides
other Users the right to utilise all User-posted content or contributions to
its website(s). Without the express written agreement of the Company, copying,
downloading, disseminating, distributing, and storing the contents of the
Company web pages is forbidden.
j) Except for User content
as defined herein, all information, content, services, and software displayed
on, transmitted through, or used in connection with the company website,
including, for example, news articles, reviews, directories, guides, text,
photographs, images, illustrations, audio clips, video, html, source and object
code, trademarks, logos, and the like, as well as its selection and
arrangement, is owned by Company.
k) User grants Company
permission to share User-posted content across all websites now in use or later
developed, to place advertisements near such User content, and to use User's
name, likeness, and any other information in connection with Company's use that
Company expressly authorises in writing.
l) The company does not assure
the authenticity, integrity, or quality of the provided material on our
website, and the user should not depend on any of it. Without restriction,
Company is not liable for postings by Users in our websites' User opinion,
message board, forum, or feedback areas.
Unsolicited suggestions, such as those
for new advertising campaigns, promotions, new goods or technologies,
processes, materials, marketing plans, or new product names, are not accepted
or considered by the company or its workers. Please do not submit any original
creative artwork, samples, demos, or other works; the sole aim of this policy
is to avoid any misunderstandings or conflicts when the company's goods or
marketing techniques appear similar to ideas provided to us by others.
Please do not send unsolicited ideas to
the company. If you submit us your ideas and materials notwithstanding our
advice that you not do so, please realise that the company provides no
guarantees that your ideas and materials will be handled as secret or
proprietary.
9.
INTELLECTUAL PROPERTY RIGHTS Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (“the "Marks"). The company owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well
as in the content original to it.
Our Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in
or through the Services "AS IS" for your personal, non-commercial use
or internal business purpose only.
10.
PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.
As
a user of the Services, you agree not to:
a) Systematically retrieve data or other content from the Services
to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us. Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
b) Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
c) Use any information obtained from the Services in order to
harass, abuse, or harm another person. Make improper use of our support
services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
d)
Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
e)
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
f)
Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
g)
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Services to you.
h)
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
i)
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up a
part of the Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any unauthorized script or other
software.
j) Use a buying agent or
purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavour or commercial
enterprise.
k) You are not permitted to
change, publish, transmit, participate in the transfer or sale of, create
derivative works from, or otherwise exploit any of the material, in whole or in
part. No copying, redistribution, retransmission, publication, or commercial or
non-commercial use of downloaded material is authorised unless specifically
permitted by copyright law or these Terms. Elements of the website are
protected by trade dress, trademark, unfair competition, and other laws and may
not be duplicated or imitated in whole or in part, including the use of frames
or mirrors.
l) You may print and
download extracts from this website for personal use only if the following
conditions are met: (a) no documents or related graphics on this website are
altered in any way; (b) no graphics on this website are used separately from
accompanying text; and (c) all of our copyright and trademark notices, as well
as this permission notice, appear in all copies.
The company website may not be used in
connection with any effort, whether successful or unsuccessful, to breach the
security of a network, service, or other system. Hacking, breaking into,
monitoring, or utilising systems without authorisation; scanning ports;
performing denial of service attacks; and spreading viruses or other
destructive software are examples of illegal actions.
The user is responsible for maintaining
the fundamental security of its computer system and preventing others from
using it in a way that violates these Terms. Inadequately protecting a mail
server so that others may use it to send spam; poorly securing an FTP server so
that others can use it to unlawfully distribute licenced software or media
assets. To avoid further exploitation, the user is responsible for taking
remedial measures on vulnerable or exploited systems.
The company website may not be used to
convey threatening content, such as death or physical harm threats, harassment,
libel, and defamation. The company website may not be used to distribute
objectionable items such as obscene, pornographic, indecent, or hateful
content. Furthermore, Users agree to the following requirements: a. Comply with
all applicable laws, ordinances, statutes, and legislation, as well as all
third-party rights. Specifically, User shall not:
i.
Provide, post, or otherwise distribute content that is defamatory,
threatening, disparaging, grossly inflammatory, false, misleading, fraudulent,
inaccurate, unfair, contains gross exaggeration or unsubstantiated claims,
violates any third-party's privacy rights, or is unreasonably harmful or
offensive to any individual or community.
ii.
Use or upload any pornographic materials or content that violates any
relevant legislation for minors' protection; or market, promote, provide, or
distribute any pornographic product that violates any applicable legislation
for minors' protection.
iii.
Irritate any other User unreasonably (especially with SPAM).
iv.
Use or upload without permission any legally protected information (e.g.,
copyright, trademark, patent, utility patent, design patent, or other
intellectual property (IP) laws), or advertise, promote, provide, or distribute
any legally protected goods or services.
v.
Use, post, or support any business practises that are regarded unfair
competition, such as progressive customer acquisition practises (such as chain
distribution networks, Ponzi schemes, unlawful multi-level marketing, or
pyramid sales).
vi.
You are not permitted to provide, upload, or otherwise disseminate User material
that:
vii.
Contains vulgar, profane, abusive, racist, or hateful words or phrases,
epithets or slurs, indecent text, images, videos, or graphics, incendiary
personal, racial, or religious assaults,
viii.
Discriminates on the basis of race, religion, national origin, gender,
age, marital status, sexual orientation, or handicap, or alludes to such topics
in any way that is illegal or immoral.
ix.
Any local, state, provincial, federal, or international law, rule,
regulation, or ordinance is violated or encouraged to be violated.
x.
Obstructs any User's uninterrupted use of the company's website.
xi.
Promotes or advertises any products or services.
xii.
Uploads or transmits viruses or other dangerous, disruptive, or
destructive files, content, or code.
xiii.
Disrupts, interferes with, or otherwise jeopardises or violates the
security of the Company website or any services, system resources, accounts,
passwords, servers, or networks connected to or accessible through the company
website.
xiv.
Harass any individual (e.g. sends repeated
messages related to another User and/or makes derogatory or offensive comments
about another User or individual), or repeats prior posting of the same message
under multiple threads or subject lines.
WARNING: ANY VIOLATION OF THESE POSTING
RULES INVOLVING CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW
ENFORCEMENT AUTHORITIES ON COMPANY'S NOTICE.
It is your obligation to ensure that
any input into our site, including usage of any chat room on our site,
including your choice of User name, complies with the requirements stated
above. If you come across any content that violates these terms, please contact
us via email at [email protected]
SPAM
Spam is an inappropriate usage of the
Company website. Spam involves any of the following activities:
i.
Publishing a single message or messages with comparable content to more
than five online forums or newsgroups, as well as publishing messages to online
forums or newsgroups that violate their rules.
ii.
Gathering answers from unsolicited e-mail.
iii.
Sending any unsolicited e-mail that the Company believes may result in
complaints.
iv.
Sending charity requests, petitions for signatures, or chainmail-related
items via e-mail.
v.
Sending bulk e-mail without clearly identifying in the e-mail a clear and
easy way to be removed from receiving subsequent e-mail from the e-mail's
originator. NOTE: The presence of an opt-out clause does not automatically
justify sending unwanted e-mail.
vi.
Sending e-mail that does not adequately identify the sender, the sender's
return address, or the origin e-mail address.
vii.
Using Company facilities to violate an acceptable usage policy and/or
terms of service of another Internet Service Provider (ISP).
The following behaviours are also
restricted for the user:
i.
Using any techniques, software, or scripts when accessing the Company's
website. However, the User may use the Company's interfaces or software in the
context of the services accessible on our website and in compliance with these
Terms.
ii.
Blocking, overwriting, altering, or duplicating any of the Company's
website's contents.
iii.
Distributing or publicly disclosing the website's contents or any of its
terms without the Company's written permission.
iv.
Performing any actions that may impair the operability of the Company's
website infrastructure, particularly actions that may overload said
infrastructure, servers, bandwidth, or other equipment or software.
A breach of these Terms by someone who
simply has indirect access to the Company website through a User will be
considered a violation, whether or not the User is aware of or consents to the
violation.
Furthermore, these policies apply to
any email or content sent by User or on your behalf that uses a Company account
as a mailbox for responses or promotes content hosted or transmitted using
Company facilities, or that indicates in any way that Company was involved in
the transmission of such email or content. Resale of Company products and
services is strictly prohibited unless specifically approved by these Terms or
in a separate written agreement. Violations of these Terms may result in the
immediate suspension or termination of your account and our services to you, as
well as prompt temporary or permanent filtering, restricted access, or other
appropriate action as determined by the Company in its sole discretion.
When possible, the Company prefers to
provide notice so that infractions can be remedied voluntarily; nonetheless, we
reserve the right to act without notice when required, as determined solely by
the Company. If illegal behaviour is detected, the company may involve and
cooperate with law police. Violators may also face civil or criminal penalties
under relevant legislation. Refunds or credits are not given for measures taken
in response to breaches of these Terms.
11. USER
REPRESENTATIONS
By using the Services, you represent
and warrant that: (1) you have the legal capacity and you agree to comply with
these Legal Terms; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (4) you will not use the
Services for any illegal or unauthorized purpose; and (5) your use of the
Services will not violate any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
Please be aware:
a) When using our services,
the user declares and indicates that all of the information given by the user
is correct and up to date.
b) The user must submit any
changes to the data to the Company website as soon as they occur.
c) A user may not have more
than one account. You are only permitted to create one User account. If Company
determines that User has created more than one account, User's use of our
website may be stopped or terminated in Company's sole discretion.
d) The user warrants and
certifies that, at the time of usage, they are of legal age (18 or older) to
use our website or that they are a legal entity created by operation of law.
e) Users may download or
print a single copy of any portion of the material for personal, non-commercial
use only, provided that no trademark, copyright, or other notice is removed
from such content.
Requests to utilise Company material
for purposes other than those expressly authorised by these Terms should be
sent to the Company at: [email protected]
The Company shall not be accountable
for any interactions between Users on our website and any third-party,
businesses, or persons located on the Company website, or between Users on our
website and any third party. In the event of a dispute, User agrees to release
Company, its officers, employees, agents, and successors in rights, from any
and all claims, damages, and demands, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way connected with
such disputes and our service.
12. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. When
you create or make available any Contributions, you thereby represent and
warrant that:
13.
CONTRIBUTION LICENSE
You
and Services agree that we may access, store, process, and use any information
and personal data that you provide and your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
14.
SERVICES MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
15. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Services at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
17.
GOVERNING LAW
These Legal Terms shall be governed by
and defined following the Scottish law and yourself irrevocably consent that
the courts of Scotland shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these Legal Terms.
18. DISPUTE
RESOLUTION Informal
Negotiations
To expedite resolution and control the
cost of any dispute, controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by
either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least 30 days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this
ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be one/three. The seat, or legal place,
or arbitration shall be Scotland. The language of the proceedings shall be English.
The governing law of these Legal Terms shall be substantive law of Scotland.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (c) there is
no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
19.
CORRECTIONS
There may be information on the
Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS
AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY,
BY YOU TO US OR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22.
INDEMNIFICATION
You agree to defend, indemnify, and
hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) use of the
Services; (2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
23. USER
DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
25.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
26. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at: [email protected].