1
ACCEPTANCE OF TERMS
1.1 Your
access to and use of www.urban-vintage.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
The Website may provide
communication tools such as email, bulletin boards, chat areas, news groups,
forums and/or other message or communication facilities ("the Services")
designed to enable you to communicate with others. Unless stated otherwise the
Services are for your personal and non-commercial use only.
3
CHILD SUPERVISION
We are concerned about
the safety and privacy of our users, particularly children. There may be links on the Website to
age restricted third party sites. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access and use. By allowing your child access to the
Services you are allowing your child access to all of the Services, including
email, bulletin boards, chat areas, news groups, forums and/or other message or
communication facilities. It is
therefore your responsibility to determine which Services are appropriate for
your child. Always use caution when
revealing personally identifiable information about yourself or your children
via any of the Services.
4
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.
5
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service
requires you to open an account you will be required to complete the
registration process by providing certain information and registering a username
and password for use with that Service.
You are responsible for maintaining the confidentiality of the username
and password and also for all activities which take place under your account. You agree to immediately notify us of
any unauthorised use of your password or account or any other breach of
security. In no event will Urban
Vintage Limited be liable for any indirect or consequential loss or damage
whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s
account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 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. Urban Vintage Limited 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.
6.2
In using the Website/Services you agree not to:
6.2.1 use the Services to send
junk email, spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise;
6.2.2 post, publish, distribute
or disseminate material or information that is defamatory, infringing, obscene,
indecent, threatening, abusive, harassing or unlawful;
6.2.3 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;
6.2.4 threaten, abuse, disrupt,
stalk or otherwise violate the legal rights (including rights of privacy and
publicity) of others;
6.2.5 use any information or
material in any manner that infringes any copyright, trademark, patent or other
proprietary right of any party;
6.2.6 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;
6.2.7 collect or store personal
information about others, including email addresses;
6.2.8 advertise or offer to buy
or sell goods or services for any commercial purpose, unless such communication
facility specifically allows such messages;
6.2.9 impersonate any person or
entity for the purpose of misleading others;
6.2.10 violate any applicable laws or
regulations;
6.2.11 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;
6.2.12 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);
6.2.13 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.
6.3 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.
7
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.
8
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 Urban
Vintage Limited is not responsible for the content or availability of any such
sites.
9
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.
10
INTELLECTUAL PROPERTY RIGHTS
10.1 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. In accessing the
Website you agree that you will access the contents solely for your personal,
non-commercial use. None of the
content may be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of the copyright holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal, non-commercial
home use only.
10.2 Urban Vintage
Limited does not claim ownership of any materials you post, upload or submit to
any publicly accessible area of the Services. However, by doing so you are
granting us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or publish
such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when
such Content is deleted from the Services.
11
INDEMNITY
You agree to indemnify
and hold Urban Vintage Limited harmless from and
against any breach by you of these Terms and Conditions and any claim or demand
brought against Urban Vintage Limited 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 Urban Vintage Limited in consequence of your breach of
these Terms and Conditions.
12
DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 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 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.
12.2 To the extent
permitted by law, Urban Vintage Limited 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.
12.3 Urban Vintage
Limited 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.
12.4 Nothing in these
Terms and Conditions shall be construed so as to exclude or limit the liability
of Urban Vintage Limited for death or personal injury as a result of the
negligence of Urban Vintage Limited.
12.5 Nothing in these
Terms and Conditions shall affect your statutory rights as a consumer.
13 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.
14 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.