Terms & Conditions

This website (referred to in these Terms of Use as the “Website”) is owned and operated by Tracey Stead Development Ltd on the World Wide Web (“WWW”).

These terms and conditions of use govern your use of the Website, whether you are posting a message on a forum, or simply browsing the website. By accessing or using our website(s) at www.traceystead.co.uk by posting information or participating in a forum, you acknowledge that you have read, understand and agree to be bound by these Terms of Use.

The Terms of Use may change from time to time, and please note that although we are not required by law to contact you and inform you of changes, we ask that you review these Terms of Use from time to time or each time you access the Website(s) to check for changes.

The Website(s) are available for you to:

· Access, browse and read conditional on your acceptance of the terms and conditions set out below. By continuing to access the Website(s) you are agreeing to the terms and conditions set out below in Part A.

· Provide information about your experiences, opinions, views, conditional on your acceptance of the terms and conditions set out below. By continuing to provide information you are agreeing to the terms and conditions set out below in Part B.

Part A – Use of Material on the Website(s)

You may use information on the Website(s) under the terms of the creative commons attribution licence, which means for any non-commercial purpose provided that you credit and acknowledge Tracey Stead Development Limited or the relevant copyright owner and provide a weblink back to the source of the material. See also http://www.creativecommons.org/international/uk

You may not modify or copy:

· the layout of the Website; and

· any computer software and code contained in the Website(s).

The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website(s) is provided for personal use only and may not be:

re-distributed in any material form as part of a subscriber service;
packaged as part of any other media and sold; and/or
re-transmitted in any media for commercial purposes,

without the prior written consent of the Owner.

Links to other Websites

The Website(s) contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

In relation to the other sites on the WWW, which are linked to the Website, the Owner:

provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
is not responsible for the material contained on those linked sites.

Disclaimer 1

The Owner is making the Website(s) available for others to publish information without assuming a duty of care to users. The Owner is not providing professional advice and gives no warranty, guarantee or representation or endorsement about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website(s) and/or linked sites on the WWW.

To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:

the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website(s) and/or of any linked sites; and
merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages)which are the consequence of you:

acting, or failing to act, on any information contained on or referred to on the Website(s)and/or any of the linked Websites; and
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

The Owner does not warrant guarantee or make any representation that:

the Website, or the server that makes the site available on the WWW are free of software viruses;
the functions contained in any software contained on the Website(s) will operate uninterrupted or are error-free; and
errors and defects in the Website will be corrected.

The Owner is not liable to you for:

· errors or omissions in the Website, or linked sites on the WWW;

· delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

· defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website(s).

Limitation of liability

Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:

If the breach of an implied warranty or condition relates to services:

- the supply of the services again; or
- the payment of the cost of having the services supplied again

If the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of Information Gathered

The Owner and/or people authorised by it may gather and process the information:

· which you may provide when accessing the Website(s), such as your name, address, e-mail address and other personal information about you; and

· regarding the way in which you use the Website(s) including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

The Owner may authorise others to offer you goods and services using the information acquired through(a) and (b) above. However you may elect to not be so notified via an unsubscribe option contained in the notification.

Termination of Access

The Owner may terminate access to the Website(s) at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website(s).

Alteration of Terms of Access

The Owner reserves the right to change these Terms of Use with or without further notice to you; and is not required to give any explanation or justification for such change.

Relevant Jurisdiction

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

This Agreement will be governed by and interpreted in accordance with the law of New United Kingdom, without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the courts of the United Kingdom to determine any dispute arising out of this Agreement.

Part B – Information Provided by You on the Website

Uploading Information

You represent and warrant in relation to any material and/or information (including but not limited to photos, articles, videos, and logos) you provide to the Website(s) that:

· you are authorised to provide the material and/or information;

· the material and /or information does not breach or infringe any privacy laws;

· the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

· the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

· the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered),confidential information and copyright; and

· the material and/or information does not infringe any trading laws, legislation or regulations of the United Kingdom, and any other parliament competent to legislate in relation to the Website(s)or any law in any country where the material and/or information is or will be available electronically to users of this Website.

License to use Intellectual Property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the “intellectual property”) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and

allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.

Registration

In consideration of your participation in forums and uploading information onto the website, you agree to:

· provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);

· maintain the security of your password and identification;

· maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and

· be fully responsible for all use of your account and for any actions that take place using your account.

Removal of Information

In relation to any material and/or information included on the Website(s), the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

Complaints and Breaches

In the event that you believe that your rights have been breached, or if you have a complaint about this website or any forum, please contact us so that we can investigate the matter further(complaints contact: “enquiries”at”traceystead.co.uk”)

Limit of Liability

The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website(s); and as a consequence of removing any material and/or information from this Website.

Indemnity

You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this para 4 referred to as “those indemnified”) from and against any loss(including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Relevant Jurisdiction

This Agreement will be governed by and interpreted in accordance with the law of New United Kingdom, without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the courts of the United Kingdom to determine any dispute arising out of this Agreement.

Part C – Participation in Forums

Registration

To participate in the forums on the website, you must register your details and as such you have to provide personal information such as your name, postcode, email address. If you do not want to provide these details, you will be able to read the forums but not create or reply to posts.

Right to Remove

The Owner reserves the right to remove any material posted on a forum that is considered dangerous, harmful or in our opinion inaccurate, and to terminate your participation in a forum at their discretion by cancelling your registration if you disregard the terms and conditions of access, which form a legal agreement between you and the Owen when you access the Website(s) forums.

Forum Guidelines

By participating in the forums on the website you agree to abide by the following guidelines:

· the forums are not here to promote commercial interests, therefore you agree not to advertise goods and services;

· show respect to others who participate in the forums;

· you must not use offensive language; and

· you warrant that anything you post or contribute does not in any way infringe a third party’s intellectual property rights (including but not limited to copyright and trade marks).