Considered Style - Website Terms and Conditions
These terms and conditions govern your use of this Considered Style website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Considered Style website. The Considered Style website is the property of Alex Smith/Considered Style. The Considered Style website is hosted by Truedesign.eu. This website has been designed by Shahny Raitz von Frentz with collaboration from Considered Style policy. Web development by Truedesign.eu.
(2) These Terms and Conditions
These terms and conditions have been produced using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.
(3) Licence to use the Considered Style website
Unless otherwise stated, Alex Smith or licensors of Alex Smith own all of the intellectual property rights arising from or in respect of the Considered Style website and material contained within it. The Considered Style website and material of Alex Smith/Considered Style contained within it are protected by copyright laws. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Considered Style website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Without receiving the prior written consent of Alex Smith, and in order to respect the copyright ownership of Alex Smith/Considered Style, you must not:
(a) republish material from the Considered Style website (including republication on another website);
(b) sell, rent or sub-license material from the Considered Style website;
(c) show any material from the Considered Style website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on the Considered Style website for a commercial purpose;
(e) edit or otherwise modify any material on the Considered Style website; or
(f) redistribute material from the Considered Style website except for content specifically and expressly made available for redistribution Alex Smith or Considered Style.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(4) Acceptable Use
You must not use the Considered Style website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may link your website to the home page of the Considered Style website, provided that you have obtained prior written consent from Alex Smith to do so and provided that you do so in a way that is reasonable and legal and does not damage the reputation or goodwill of the Considered Style website 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 this part where none exists.
You must not establish a link from any website that is not owned by you.
The Considered Style website must not be framed on any other site, nor may you create a link to any part of the Considered Style site other than the home page. Alex Smith/Considered Style reserve the right to withdraw linking permission from you without prior notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
Where the Considered Style website contains links to websites provided by third parties, these links are provided for your information only. Neither Alex Smith nor Considered Style have control over the contents of those third party websites and Alex Smith and Considered Style accept no responsibility for them or for any loss or damage that you sustain that may arise from your use of such third party websites.
You must not use the Considered Style website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not attempt to gain unauthorised access to the server on which this site is stored or any server, computer or database connected to this site. You must not attack the Considered Style site 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. Alex Smith/Considered Style will report any such breach to the relevant law enforcement authorities and Alex Smith/Considered Style will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
Alex Smith/Considered Style will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect this computer equipment, computer programs, data or other proprietary material due to your use of the Considered Style site or to your downloading of any material posted on the Considered Style website, or on any website linked to it.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Considered Style website without the express written consent of Alex Smith.
You must not use the Considered Style website for any purposes related to marketing without the express written consent of Alex Smith.
(5) User Generated Content for the Guest Book
In these terms and conditions, “your material” means material (including without limitation, text, images, or other material) that you submit to the Considered Style website, for whatever purpose.
Whenever you make use of a feature that allows you to upload material to the Considered Style website, or to make contact with other users of the Considered Style website, you must comply with the content standards set out below in these terms and conditions. You represent and warrant that any such submission by you will comply with those standards, and you indemnify Alex Smith/Considered Style for any breach of that representation or warranty.
Any material you upload to this site will be considered non-confidential and non-proprietary, and Alex Smith/Considered Style have the right to use, copy, distribute and disclose to third parties any such material for any purpose, for example in our Guestbook. I/we also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this site constitutes a violation of their intellectual property rights, or of their right to privacy.
Please see our separate Privacy/ Data Protection policy.
Alex Smith/Considered Style will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this site.
You grant to Alex Smith/Considered Style a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your material in any existing or future media. You also grant to Alex Smith/Considered Style the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Alex Smith and Considered Style reserve the right to edit or remove any material submitted to the Considered Style website, or stored on the servers of Considered Style, or hosted or published upon the Considered Style website.
The following content standards apply to any and all material that you submit to the Considered Style website. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any material submitted by you as well as to its whole.
Material submitted by you must be:
accurate (where they state facts); and
comply with applicable law in the UK and in any country from which they are posted.
Material submitted by you 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 violence or any illegal activity;
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 illegal or unlawful;
infringe any third party's legal rights, be capable of giving rise to legal action whether against you or Alex Smith/Considered Style or a third party (in each case under any applicable law);
be or ever have been the subject of any threatened or actual legal proceedings or other similar complaint;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
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;
be drafted to appear as if originating from Alex Smith/Considered Style; or
advocate, promote or assist any unlawful act such as (for example only and without limitation) copyright infringement or computer misuse.
Alex Smith/Considered Style will determine, in her/its discretion, whether there has been a breach of these terms and conditions through your use of this site. When a breach of these terms and conditions has occurred, Alex Smith/Considered Style may take such action as Alex Smith/Considered Style deem appropriate. Such a breach will constitute a material breach of these terms and conditions. Alex Smith/Considered Style exclude all liability for her/its actions taken in response to breaches of these terms and conditions.
Notwithstanding the rights of Alex Smith and Considered Style under these terms and conditions in relation to material submitted by you, Alex Smith and Considered Style do not undertake to monitor the submission of such content to, or the publication of such content on, the Considered Style website.
(6) Limited Warranties
Alex Smith and Considered Style do not make representations or warrant the completeness or accuracy of the information published on the Considered Style website; nor do Alex Smith and Considered Style commit to ensuring that the Considered Style website remains available at all times or that the material on the Considered Style website is kept up-to-date. Alex Smith and Considered Style reserve the right to withdraw or amend material on the Considered Style website without notice.
(7) Limitations and Exclusions of Liability
To the maximum extent permitted by applicable law, Alex Smith and Considered Style exclude all representations, warranties and conditions relating to the Considered Style website and the use of the Considered Style website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Commentary and other material on the Considered Style website are not intended to amount to advice upon which reliance should be placed. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent permitted by law, neither Alex Smith nor Considered Style will be liable to you in respect of any losses arising out of any:
event or events beyond the reasonable control of Alex Smith and Considered Style;
business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
loss or corruption of any data, database or software;
special, indirect or consequential loss or damage; or
lack of availability of the Considered Style website at any time for any period of time.
You hereby indemnify Alex Smith and Considered Style and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by them to a third party in settlement of a claim or dispute on the advice of their legal advisers) incurred or suffered by them arising out of any breach by you of any provision of these terms and conditions (including for the avoidance of doubt, your submission of your material in the Guest Book), or arising out of any claim that you have breached any provision of these terms and conditions.
(9) Breaches of these Terms and Conditions
Without prejudice to the other rights of Alex Smith and Considered Style under these terms and conditions, if you breach these terms and conditions in any way, Alex Smith and Considered Style may take such action as they deem appropriate to deal with the breach, including suspending your access to the Considered Style website, prohibiting you from accessing the Considered Style website, blocking computers using your IP address from accessing the Considered Style website, contacting your internet service provider to request that they block your access to the Considered Style website and/or bringing court proceedings against you.
Alex Smith and Considered Style may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Considered Style website from the date of the publication of the revised terms and conditions on the Considered Style website. Please check this page regularly to ensure you are familiar with the current version.
Alex Smith and Considered Style may transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of Third Party Rights
These terms and conditions are for the benefit of you, Alex Smith and Considered Style, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire Agreement
(15) Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(16) Our Details
This full name of our company is: Alex Smith trading as “Considered Style”( “we” or “us”).
Our address is : 73 Devonshire Road, London W4 2HU, UK.