TERMS & CONDITIONS
YOUR ATTENTION IN PARTICULAR IS DRAWN TO THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS.
Accepting the Terms
You may not access and use the Website unless you accept and agree to the Terms. You understand and agree that your use of the Website will be treated as acceptance of the Terms. If you do not accept the Terms, please leave the Website immediately. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
Changes to the Terms
This website may, at its discretion, make changes to the Terms from time to time. When these changes are made, a new copy of the Terms will be available here. You understand and agree that if you use the Website after the date on which the Terms have changed, your use will be treated as acceptance of the updated Terms.
You may use the Website only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
In any way that enables you to use our bandwidth for your website.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms.
Not to access without authority, interfere with, damage or disrupt:
any part of the Website;
any equipment or network on which the Website is stored;
any software used in the provision of the Website; or
any equipment or network or software owned or used by any third party.
A zero-tolerance copyright policy in relation to any materials provided by you is operated that are alleged to infringe the copyright of a third party. As part of copyright policy of this website, user access to the Website will be terminated if your use of the Website or any materials provided by you are suspected to or have been determined to infringe copyright.
Ownership of Content
All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed mitchevans.com, and is subject to copyright, trade mark rights, and other intellectual property rights of Mitch Evans Ltd or licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners. Mitch Evans reserves all rights in and to this content. The content of the Website may not be downloaded, copied, reproduced, modified, stored, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose in any medium whatsoever without explicit prior written consent of Mitch Evans and (where consent is given) with a full credit given to mitchevans.com and (where attributed on the Website) to the author of the content.
Uploading content to the Website
Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in these Terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
The views expressed by other users on the Website do not represent our views or values or those of Mitch Evans.
You are solely responsible for securing and backing up your content.
Rights You Licence
When you upload or post content to the Website, you grant the following licences:
a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your uploaded content across different media. We may also use to use your content to promote the Website or the service. This means that although you will still own your content you give us an unlimited right to reproduce, edit and use your content without charge.
In addition, we may allow third parties (for example, other users, partners or advertisers) to use your content for their purposes or in accordance with the functionality of the site.
We do not have to ask for your consent if we wish to use these rights.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
No Reliance on Information
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
Links from the Website
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We do not permit hotlinking, inline linking or deep linking or any other means of taking images or other files from the Website and embedding them directly into a third party website in a way that uses our bandwidth.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Our rights if you fail to comply with the Terms
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of the Terms has occurred, we may take such action as we reasonably deem appropriate including all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Website.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Exclusion of Warranties/ Limitation of Liability
Nothing in the Terms shall affect any statutory rights to which you are always entitled as a consumer and that you cannot contractually agree to alter or waive. However, you acknowledge that the Website is provided “as is” and “as available”. The owner of this website makes no warranty or representation, express or implied, to you with respect to the Website to the fullest extent permitted by law. In particular, the owner of this website does not represent or warrant to you that: (i) your use of the Website will meet your requirements; (ii) your use of the Website will be uninterrupted, timely, secure or free from error; (iii) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (iv) defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOUR ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.IN NO CIRCUMSTANCES SHALL THE OWNER OF THIS WEBISTE OR ITS SUPPLIERS BE LIABLE IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ACCESS ITS CONTENT, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OWNER OF THIS WEBSITE SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
b. any changes which the owner this website may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
c. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website; or
d. your failure to keep any passwords or account details secure and confidential.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE OWNER OF THIS WEBSITE’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
The Terms together with the policies referred to herein constitute the whole legal agreement between you and the owner of this website and govern your use of the Website and replace any prior agreements between you and the owner of this website in relation to the Website. You agree that if the owner of this website does not exercise or enforce any legal right or remedy which is contained in the Terms (or which owner of this website has the benefit of under any applicable law) this will not be taken to be a formal waiver of owner of this website’s rights and that those rights or remedies will still be available to owner of this website. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which owner of this website is a party shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them under the Contracts (Rights of Third Parties) Act 1999. Other than this, no other person or company shall be a third party beneficiary of the Terms. The Terms, and your relationship with owner of this website under the Terms, shall be governed by English law. You and owner of this website agree to submit to the non exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that owner of this website shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.