Terms and Conditions December 2023

 

Access to and use of our websites at merseyviewrecords.com / ianslevin.co.uk / ianswds.co.uk /(the “Websites”), either as a guest or a registered user, is subject to these Terms of Use. In these Terms of Use, “we”, “us” and “our” means Ian's Website Designs, who operates this Website.

By accessing the above domain names, you will be guided to the Website. These Terms of Use apply to all use of the Website, regardless of which of the above domain names you use to gain access to the Website.

Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.

If you use any part of the Website, that use is considered your acceptance of these Terms of Use. That acceptance applies from the date on which you first access the Website. You should stop using the Website straight away if you do not agree with these Terms of Use.

Before entering the Website, you should read these Terms of Use carefully, but also the Privacy and Cookies Policy. Before signing up for the services that we provide through the Website, you should read our Terms and Conditions.

 

Your Use Of The Website

You shall not use the Website for, or send to the Website, anything which, in any way:

1.1. is not in our best interests;

1.2. involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;

1.3. is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;

1.4. is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;

1.5. is misrepresentative or impersonates another person or organisation;

1.6. is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e. drugs, weapons, fraudulent documents or counterfeit money;

1.7. is not accurate or outdated; or

1.8. is contrary to these Terms of Use or the Privacy and Cookies Policy

If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.

We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality or any illegal activities.

You shall comply at all times with our instructions for use of the Website.

You shall fully and promptly indemnify us against all damages, claims, demands, losses, proceedings, liabilities, charges, costs and expenses suffered or incurred by us due (directly or indirectly) to your failure to comply within any provision of these Terms of Use.

 

Your Obligations

2.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.

2.2 Your responsibilities: You must:

2.2.1 co-operate with us;

2.2.2 provide us with any information we reasonably require in respect of the Services from time to time;

2.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;

2.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;

2.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;

2.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;

2.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;

2.2.8 license and configure any third party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;

2.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;

2.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;

2.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:

(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;

(b) does not harm us or bring us or our name into disrepute;

(c) is not for the purposes of sending spam or other unsolicited emails;

(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;

(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have “unlimited” elements, such as in relation to Internet traffic or disk usage);

(f) does not interfere with another user’s use of the Services or similar services;

(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;

(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and

(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;

(j) does not permit self-stored backups, or the storage of media content such as video, gaming or other (at the discretion of management and for the intended use of this site e.g. Self-Tapes for self promotion). 

(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance / cleanup tasks to remove these files when necessary.

(l) does not abuse trial and promotional codes, discounts or periods for the benefit of extended service or replacement to a fully paid service.

(m) does not permit the usage of teamspeak, or any other services making use of the hosting account solely for the purpose of gaming, chatbots, irc or chatrooms. This includes the use of the server solely for the purpose of remote mysql for such services.

2.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and

2.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.

2.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:

2.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and

2.3.2 use or access the Website and/or the Services in contravention of any applicable law.

2.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.

2.5 Backups: You are responsible for keeping regular and full backups of all Material - any backups provided as part of a plan or service, are provided on the basis of a ‘courtesy addon’, and therefore do not come with any guarantees of availability. Subject to Clause 3 (as applicable), we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material. Should we have backups available, restoration of any account data will or may incur additional charges agreed to in writing. The minimum fee applicable to a restored account or service is £25 per account (however, the amount may vary, depending on the amount of data, or resource required to action the restoration process).

2.6 Indemnity as to Material: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of This indemnity shall apply whether or not you have been negligent or at fault.

2.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.

2.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.

2.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:

2.9.1 contact you requiring you to reduce that usage; and/or

2.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder, provided we inform you by email seven days in advance.

2.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.

2.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.

2.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):

2.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);

2.12.2 contains malware;

2.12.3 is attacked (including by a denial of service attack); and/or

2.12.4 is badly coded.

In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers’ use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account.

2.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.

 

Availability, Accuracy And Security Of The Website

The Website is made available free of charge.

 

The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.

We will use our reasonable endeavours to make the Website available 24 hours a day. We shall not have any liability if the Website or content is unavailable for any period or at any time.

Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.

We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.

We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.

It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website, and, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.

 

Subject to paragraph 3 below, we shall not have any liability for the actions of third parties.

 

Liability

We accept liability for:

 

3.1. death or personal injury caused by our negligence;

3.2. our fraudulent misrepresentation; and

3.3. any other liability that we cannot exclude or limit at law.

 

Subject to paragraph 3 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):

 

We shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):

3.4 in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or

3.4.1 arising from any action or decision taken as a result of using the Website or any such material;

for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 2 apply whether such losses are direct, indirect, consequential or otherwise.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

 

Intellectual Property

We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All names, logos and related names, design marks and slogan used by us are trade marks or service marks of us or our licensees.

Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:

4.1. your use of the Website and any Materials is for your internal, personal, private use only;

4.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;

4.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;

4.4. except as we expressly permit, you must not in any way modify any Materials on the Website;

4.5. our copyright notice (e.g. © ActorsNet) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;

4.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;

4.7. if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and

4.8. any rights not expressly granted in these Terms of Use or otherwise by us are reserved.

 

Your Account And Login Details

 

You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.

When you choose a username, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You should not choose a password which can be guessed easily.

If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.

You shall be responsible for all use of the Website made under your login details.

We may require that you change your password from time to time.

We may disable any login details at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

 

Age Restriction

By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.

 

Third Party Websites

We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 3 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.

Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.

We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:

5.1. you shall not establish a link to the Website on any website that is not owned by you;

5.2. you shall not say anything that is false, misleading, derogatory or offensive about us or our services;

5.3. you shall not make any warranties or representation about us or our services without our prior written consent;

5.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and

5.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph34.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.

We reserve the right to withdraw this linking permission without notice.

 

Changes To The Website And These Terms Of Use

We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.

We may change these Terms of Use at any time without notice to you. If we do change these Terms of Use, we will post the updated Terms of Use on the Website. It is your responsibility to check the Website from time to time to see if there have been any changes to these Terms of Use. Once any updated Terms of Use are posted on the Website, your continued use of the Website will be considered to be your acceptance of those updated Terms of Use.

 

General

If any provision of these Terms of Use shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Use and your use of the Website (including, but not limited to, all non-contractual arising out of or in connection with them or it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.

 

 

Updated on 10, December 2023