TERMS AND CONDITIONS OF USE OF Pink
Umbrella Company
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Pink Umbrella Company ("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 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
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.
OR
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 Pink
Umbrella Company 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. Pink Umbrella Company
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.
Please note that if advertisers do not respond to more than one
request to renew the advertising and if the advertising is then
removed and the advertiser requests reinstatement, a fee will be
charged to cover administration costs.
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 Pink Umbrella Company is not responsible for the content or
availability of any such sites. We will only publish website links
if they are reciprocated and links from the department pages must go
to a paid advert on the website before being led to an external
website. It is a condition of advertising that any website names
shown on artisan pages MUST be relevant to the trade they are
registered for. We cannot accept unrelated sites, whether there is a
page on those websites or not that relate to the trade - the main
website must be relevant.
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 Pink Umbrella Company 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 Pink Umbrella Company harmless from
and against any breach by you of these Terms and Conditions and any
claim or demand brought against Pink Umbrella Company 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 Pink Umbrella
Company 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, Pink Umbrella Company 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 Pink Umbrella Company 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 Pink Umbrella Company for death
or personal injury as a result of the negligence of Pink Umbrella
Company.
12.5 Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
12.6 We reserve the right to retain the payment made if any of the
facts in the submission or advert are found to be untrue.
12.7 We reserve the right to refuse advertising of any kind without
reason or explanation. Once this has been stated to the customer, we
will not refund if the customer then proceeds to submit payment.
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 Great Britain and France and you hereby
submit to the exclusive jurisdiction of the British or French
courts.
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