These are the general terms and conditions of Essential Artwork for use of this
Website. Please read these terms and conditions carefully. Your use of the Website
and the Service will be subject to these terms and conditions.
- Definitions
In these terms and conditions, the following definitions apply: "Service" means
any information and services provided by Essential Artwork through its Website;
"Website" means www.essentialartwork.co.uk, www.essentialartwork.net and www.essentialartwork.com
- What you are allowed to do
- You may use the Service for personal use and in accordance with these terms. Certain
parts of the Service are for Subscribers only. Current Membership Fees and full
details of the services are set out on the Website.
- You may:
(a) browse the Website. Permission to browse the Website includes permission to
make transient or cached copies of parts of the Website to the extent that this
occurs in the normal course of using your browser and that these copies are used
only to facilitate current or subsequent access to the Website by you;
(b) print a copy of any page of the Website, for your own personal purposes, provided
you do not do any of the things set out under "What you are not allowed to do".
- What you are not allowed to do
- Except to the extent expressly set out in these terms, you are not allowed to make
any copies of any part of the Website.
- You may not remove or change anything on the Website, except relating to creating
and maintaining your own details and your own online gallery.
- You are not allowed to copy or use any material from the Website for any commercial
purpose.
- You are not allowed to remove or change any copyright, trade mark or other intellectual
property right notices contained in the original material or from any material copied
or printed off from the Website.
- You must only use the Website and anything available from the Website for lawful
purposes, and you must comply with all applicable laws, statutes and regulations.
You must not use the Service to:
- post, upload or otherwise transmit information or pictures that are obscene or pornographic,
threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
- upload files that contain software or other materials in breach of any intellectual
property rights or in breach of confidence;
- harass, stalk, threaten or otherwise violate the rights of others;
- harm or threaten to cause harm to minors;
- impersonate anyone else or otherwise misrepresent your identity or status;
- hack into the Website or any other related computer system, make excessive traffic
demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes
or otherwise engage in any other behaviour that may reasonably be expected to inhibit
other users from using and enjoying the Website or any other web Website or damage
or destroy the reputation of Essential Artwork or any third party;
- collect and process others’ personal data;
- Essential Artwork accepts no obligation to monitor the use of the Website. However,
Essential Artwork reserves the right to disclose any information as required by
law and/or to remove, refuse to post or to edit any information or materials, to
block your access and to take such other action as may be reasonably necessary to
prevent any breach of these terms and conditions or any breach of applicable law
or regulation. Essential Artwork will also in its absolute discretion fully co-operate
with law enforcement and other relevant authorities with respect to any investigation
of suspected unlawful activity or violation of network security.
- Personal Information
- Artists using the Service must subscribe with correct information. Usage of your
personal information is governed by the Website's Privacy Policy.
In the event that Essential Artwork undergoes reorganisation or is sold to a third
party, you agree that any personal information Essential Artwork holds about you
may be transferred to that reorganised entity or third party.
- You agree to notify Essential Artwork promptly of any changes to your registration
details.
- Rights
Essential Artwork acknowledges that it does not own any intellectual property rights
to the materials posted, uploaded or submitted to the Website by Subscribers. However,
by so doing you grant Essential Artwork a worldwide, royalty free, non exclusive
licence to copy, distribute, transmit, reproduce, publicly display, edit or translate
such material for as long as you display such material on the Website.
- Disclaimer and limitation of liability
- Essential Artwork does not, and nothing in these terms and conditions shall act
to exclude or limit Essential Artwork's liability for death or personal injury resulting
from its negligence, fraud or any other liability which may not by applicable law
be excluded or limited. Your statutory rights as a consumer are not affected by
any of these terms.
- In no event shall Essential Artwork be liable (whether for breach of contract, negligence
or for any other reason) for any loss of profits, exemplary or special damages,
loss of sales, loss of revenue, loss of goodwill, loss of any software or data,
loss of bargain, loss of opportunity, loss of use of computer equipment, software
or data, loss of or waste of management or other staff time, or for any indirect,
consequential or special loss, however arising.
- Essential Artwork's liability to you whether in contract, tort or otherwise is limited
to the amount paid by you in respect of your membership in the previous 12 months
- You agree that your use of the Service is on an "as is" and "as available" basis
and that your use of the Service is at your sole risk. On that basis, except as
expressly set out in these terms, Essential Artwork does not enter into conditions,
warranties or other terms in relation to to the Website or the Service (including
any implied term relating to quality, fitness for a particular purpose). In no event
shall Essential Artwork be liable or have any responsibility for any sale of art
that you may engage in or purchase (from artists displaying artwork on the Website).
- Essential Artwork tries to make sure that all information contained on the Website
is correct, but it does not accept any liability for any error or omission. You
should check with Essential Artwork or the relevant supplier before acting on any
information on the Website.
- Essential Artwork may change the format and content of the Website from time to
time. You should refresh your browser each time you visit the Website to ensure
that you download the most up to date version of the Website.
- The Website includes links to external Websites and co-branded pages. Essential
Artwork has included links to these Websites and co-branded pages to provide you
with access to information and services that you may find useful or interesting.
Essential Artwork is not responsible for the content of these Websites and pages
or for anything provided by them.
- Essential Artwork is not liable for any action you may take as a result of relying
on any information provided in this Website.
- Suspension and termination of Service
- Essential Artwork may suspend the operation of the Website for repair or maintenance
work or in order to update or upgrade the contents or functionality of the Website
from time to time. Access to or use of the Website or any Websites or pages linked
to it will be not necessarily be uninterrupted or error free.
- Essential Artwork may terminate the Service immediately in the event you breach
any of these terms and conditions or if you are late in or do not pay any sums due
to Essential Artwork.
- Enquiries or complaints
If you have any enquiries or complaints (about the Service or someone else’s use
of the Website) then please address them to: support@essentialartwork.co.uk
- General and governing law
- Essential Artwork may change these terms and conditions from time to time and will
endeavour to notify you of any major changes by posting a message on the Website.
By browsing the Website you are accepting that you are bound by the current terms
and conditions. You should check these each time you revisit the Website. These
terms and conditions form the entire understanding of the parties and supersede
all previous agreements, understandings and representations relating to the subject
matter. If any provision of these terms and conditions is found to be unenforceable,
this shall not affect the validity of any other provision. Essential Artwork may
delay enforcing its rights under these terms and conditions without losing them.
You agree that Essential Artwork may sub-contract the performance of any of its
obligations or may assign these terms and conditions or any of its rights or obligations
without giving you notice.
- Essential Artwork will not be liable to you for any breach of these terms and conditions
which arises because of any circumstances which Essential Artwork cannot reasonably
be expected to control.
- These terms and conditions shall be governed and interpreted in accordance with
Scottish law, and you consent to the non-exclusive jurisdiction of the Scottish
courts.