- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site;
“User” means a user of My Site;
“User Review” means a review or comment posted on My Site by a User
- Access to My Site
2.1 Access to My Site is free of charge, and it is your responsibility to make any and all arrangements necessary in order to access My Site.
2.2 Access to My Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any
- Links to My Site
3.1 You may link to My Site provided that:
3.1.1 You do so in a fair and legal manner;
3.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on My or My Site’s part where none exists;
3.1.3 You do not use any logos or trade marks displayed on My Site without My express written permission; and
3.1.4 You do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.
3.2 You may link to any page of My Site.
3.3 Framing or embedding of My Site on other websites is not permitted without My express written permission.
- Links to Other Sites
Links to other sites may be included on My Site. Unless expressly stated, these sites are not under My control. I neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Disclaimers and Legal Rights
5.1 Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
5.2 I make no representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- My Liability
6.1 To the fullest extent permissible by law, I accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content included on My Site.
6.2 To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.
6.3 My Site is intended for non-commercial use only. If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6.4 I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.
6.5 I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
6.6 Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
- Viruses, Malware and Security
7.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
7.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
7.3 You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
7.4 You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.5 By breaching the provisions of sub-Clauses 7.2 to 7.4 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.
- Data Protection
8.1 All personal information that you provide will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- Communications from Us
9.1 If I have your contact details, I may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
9.2 I will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by me include an unsubscribe link. If you opt out of receiving emails at any time, it may take up to five business days for your new preferences to take effect.
- Changes to these Terms and Conditions
10.1 I may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of My Site after the changes have been implemented. You are therefore advised to check this page from time to time.
10.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Law and Jurisdiction
11.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
11.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.