1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Stray Beyond Design ("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 (Stray
Beyond Design) 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. 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
4.1 We are committed to responsible data management and subscribe
to the principals of the data protection legislation in the United
Kingdom. We are committed to maintaining the privacy of our users
and maintaining the security of any personal information received
from you. If you register for any of the Services you will be asked
to provide basic personal information. The information provided by
you is not available for sale or use by third parties. The information
is used solely for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of our
normal business procedure to track patterns of behaviour of visitors
to the Website. A cookie is an element of data that the Website sends
to your browser that is then stored on your system. You can set your
browser to prevent this happening. Any information collected in this
way can be used to identify you unless you change your browser settings.
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 Stray Beyond Design 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. Stray Beyond Design 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 Stray Beyond Design 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 Stray Beyond Design 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 Stray Beyond Design harmless from
and against any breach by you of these Terms and Conditions and any
claim or demand brought against Stray Beyond Design 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 Stray Beyond Design 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, Stray Beyond Design 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 Stray Beyond Design 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 Stray Beyond Design for death
or personal injury as a result of the negligence of Stray Beyond Design.
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. harmless from and against any breach by you
of these Terms and Conditions and any claim or demand brought against
Stray Beyond Design 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 Stray
Beyond Design 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, Stray Beyond Design 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 Stray Beyond Design 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 Stray Beyond Design for death
or personal injury as a result of the negligence of Stray Beyond Design.
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.
