Last Updated 18th January 2010
Before I get too deep into the legal side of things I wanted to bullet point the main parts so no one can accuse me of trying to hide anything.
"Content" means any text, software, database, format, graphic and written work and all other materials (i) developed by, or on behalf of, us which form part of this website; and/or (ii) provided on or through this website with the permission of the third party owners.
"Intellectual Property Rights" mean (i) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"we" or "us" or "our" mean Andy Shaw, The Lawns, London Road, Ashington, West Sussex. RH20 3JR trading as AndyShaw.
"you" or "your" mean a user of this website.
2. ACCESS TO THIS WEBSITE
2.1 By accessing this website, you agree:
2.1.1 that you will access its contents solely for your own private use.
2.1.2 to comply with all applicable laws and regulatory requirements relating to your use of this website.
2.1.3 to comply with all reasonable instructions we give you relating to this website.
2.1.4 not to use this website to distribute any information or data in contravention of any regulation or legislation (including,
but not limited to, regulation or legislation governing financial services, money laundering or anti-terrorism).
2.1.5 keep negativity to a minimum, this site is for positive people only, persistent negativity will mean termination of membership with no refund. You have been warned!
2.2 You are responsible for all telecommunications charges relating to your use of this website.
3. INTELLECTUAL PROPERTY RIGHTS
4. MATERIAL PROVIDED BY YOU
4.1 You agree to ensure that all material you send or upload to this website (including, but not limited to, e-mails, text, graphic files, still or moving images, or responses to any questionnaire available through this website) (Your Material) is legal, decent and truthful, complies with all laws and regulations, does not infringe the Intellectual Property Rights or other rights of us or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.
4.2 You are solely responsible for Your Material. If we consider that any part of Your Material exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of this website and remove all or part of Your Material. You must provide all reasonable assistance in this respect.
4.3 You agree not to use this website to advertise or sell any goods or services to other users of this website.
4.4 You agree not to publish any information or personal data relating to a third party.
5. NO WARRANTIES
We give no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the Content (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
6. LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY
6.1 We cannot guarantee that this website will operate in accordance with your expectations or will be error free. We are not obliged to update this website but we may do so from time to time and we reserve the right to modify, restrict access to or close this website at any time.
6.3 Subject to clause 6.6, our liability to you in connection with this website (whether arising from negligence, breach of contract or otherwise) is only to take such actions as are reasonably required (in our sole discretion) in order to:
6.3.1 remove or delete data entered in error, or
6.3.2 remove or delete data that is the subject of dispute, or
6.3.3 correct data entered in error.
6.4 We are not liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs (whether arising from negligence, breach of contract or otherwise) regardless of whether it was foreseeable or not.
6.5 To avoid doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this website, Your Material or the Content.
8. GENERAL PROVISIONS
8.2.1 may be exercised as often as necessary;
8.2.2 are cumulative and not exclusive of rights or remedies provided by law; and
8.2.3 may be waived only in writing and specifically.
8.3 Delay in the exercise or non-exercise of any such right is not a waiver of that right.
9. GOVERNING LAW
9.1 This site is targeted at
10. INTELLECTUAL PROPERTY NOTICE
We are the proprietor/exclusive
licensee of the AndyShaw.com trade mark and get-up in the
1. APPLICABILITY OF THESE TERMS
2. THE CONTRACT BETWEEN YOU AND US
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.1 The prices payable for goods that you order are as set out in our website at the time the order is placed. Good/services that require VAT to be added to applicable countries will be added at the current rate, if your country is not part of the VAT system no VAT will be charged providing you enter the correct country.
3.2 You will be required to pay extra for delivery. Our delivery charges are set out in our website.
4. RIGHT FOR YOU TO CANCEL THE CONTRACT
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, we do regret that we cannot refund the delivery charge.
4.2 To cancel your contract you must notify us by via our support suite on http://help.andyshaw.com
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our shipping address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card or PayPal account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. CANCELLING BY US
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or PayPal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. DELIVERY OF GOODS TO YOU
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order provided the goods are in stock.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7. OUR LIABILITY
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12. THIRD PARTY RIGHTS
13. ENTIRE AGREEMENT
1. APPLICABILITY OF THESE TERMS
2. YOUR MEMBERSHIP
We must receive payment of the whole of the subscription fee for your annual or lifetime subscription. Once payment has been received by us we will confirm that your application has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding contract between us.
3. MEMBERSHIP FEE AND TERM
3.1 The Membership Fee payable for subscription to the members areas of this site are as set out in our website at the time your application is placed. In the event that you have opted to pay for an annual membership you will have to pay on submitting your membership application and no further Membership Fee shall be debited to your user account. There are no recurring billings, membership will cease after the year and to remain a member you will have to rejoin at the current price. In the event that you opted to pay for a lifetime membership no further payments will be taken.
3.2 You will be asked to create a username and password before you pay for your subscription.
3.3 Your membership will automatically expire at the end of your subscription period and shall be terminated in accordance with clause 10. Following termination we shall deactivate your username and password and otherwise restrict your access to the members areas of this site.
MEMBERSHIP FREE TRIAL PERIOD
3.4 There is no free access period, to access the site you must pay the applicable fee.
4. YOUR REGISTRATION OBLIGATIONS
4.1 In consideration of your use of our members areas, you agree to:-
4.1.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
4.1.2 maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
4.2 Your user name will be used to identify you in on-line competitions and the members areas. Have fun with your user name by all means but vulgar or offensive names will constitute a breach of these rules.
4.3 If you are offended by another user's screen name, please contact us via our support suite http://help.andyshaw.com immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, please contact us via our support suite http://help.andyshaw.com
4.4 We are concerned about the safety and privacy of all our users, particularly children. Please remember that our members areas are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any use of the chat areas and our site is appropriate for a child.
6. ONLINE CONDUCT
6.1 You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not AndyShaw.com, are entirely responsible for all content that you upload, post or e-mail via our members areas and our site. We do not control the content posted in the members area by other members and therefore do not guarantee the accuracy, integrity or quality of the content.
6.2 Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.
6.3 You agree that you will not use any members area or any part of our site to:
6.3.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.3.2 harm minors in any way;
6.3.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
6.3.4 'stalk' or otherwise harass another;
6.3.5 collect or store personal data about other users;
6.3.6 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
6.3.7 upload, post or e-mail any content that infringes any intellectual property rights of any party;
6.3.8 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
6.3.9 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6.3.10 disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
6.3.11 violate any applicable national or international laws or regulations.
6.4 You acknowledge that we do not pre-screen content but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.
You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or e-mail and/or to incorporate such content in other works in any form, media or technology now known or developed.
You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or e-mail on or through our chat areas or our site, your use of the chat areas and our site, or your breach of the provisions of these rules.
9.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of AndyShaw.com or any of our affiliates, licensors or partners.
9.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
9.3.1 breaches we deem minor may result simply in receipt of a warning from us; or
9.3.2 breaches we deem serious may result in your automatic ban from our chat room and our site generally.
All incidents will be logged and our decision is final in all such cases.
9.4 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
10. TERMINATION OF MEMBERSHIP
10.1 You may terminate your membership upon giving notice via our support suite on http://help.andyshaw.com.
11.1 We regret that no refund will be made of payments already received outside clause 11.4 & 11.5.
11.2 Provided you have terminated your membership (as opposed to us) we shall allow you access to the members areas of this site for the remainder of the period up to the day before the membership would have expired.
11.3 In circumstances when we have terminated your membership we shall deactivate your username and password on the date of the termination and no refund will be payable.
11.4 No refunds will be offered for membership payments after 7 days from the date of payment.
11.5 There is a 14 day cooling off period after you purchase a lifetime membership and if you cancel within this 14 days you will receive a full refund, after this 14 days we will not issue a refund but you can sell or transfer your lifetime membership to another person from inside or outside the site.
11. 6 If you do wish to advertise your lifetime membership you are allowed to offer it inside the site to existing members.
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