ROGERSCRAFT.COM

TERMS OF USE


BACKGROUND

These Terms of Use ('Terms'), together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.rogerscraft.com ('the Site'). Please read these Terms carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site. If you do not agree to comply with and be bound by these Terms, you must stop using the Site immediately.

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

'Contents'                                       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, the Site; and,

'I', 'me', 'myself', 'Tom Rogers'     means the owner of the Site, who can be contacted at tom@rogerscraft.com

2. Information

The Site is owned and operated by Tom Rogers.

3. Access to the Site

3.1 Access to the Site is free of charge. No part of the Site requires payment of any kind in order to access or use it.

3.2 It is your responsibility to make any and all arrangements necessary in order to access the Site.

3.3 Access to the Site is provided 'as is' and on an 'as available' basis. I may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. I will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights

4.1 All Content included on the Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by me. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.

4.2 Subject to sub-clauses 4.3 and 4.6 below, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from the Site unless given express written permission to do so by me.

4.3 You may:

4.3.1 access, view and use the Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2 download the Site (or any part of it) for caching;

4.3.3 print pages from the Site;

4.3.4 download extracts from pages on the Site; and,

4.3.5 save pages from the Site for later and/or offline viewing.

4.4 My status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5 You may not use any Content saved or downloaded from the Site for commercial purposes without first obtaining a licence from me (or my licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of The Site for general information purposes whether by business users or consumers.

4.6 Nothing in these Terms limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 (‘Acts Permitted in Relation to Copyright Works’), covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to the Site

5.1 You may link to the Site provided that:

5.1.1 you do so in a fair and legal manner;

5.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on my part where none exists;

5.1.3 you do not use any logos or trade marks displayed on the Site without my express written permission; and,

5.1.4 you do not do so in a way that is calculated to damage my reputation or to take unfair advantage of it.

5.2 You may link to any page of the Site provided you comply with the remainder of this clause 5.

5.3. You may not link to the Site from any other site the main content of which contains material that:

5.3.1. is sexually explicit or obscene;

5.3.2. is designed or is otherwise likely to threaten or harass another person;

5.3.3. is calculated or is otherwise likely to deceive another person;

5.3.4. is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

5.3.5. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-clause 5.3);

5.3.6. implies any form of affiliation with me where none exists;

5.3.7. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or,

5.3.8. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.4. The content restrictions in sub-clause 5.3 above do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-clause 5.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6. Links to Other Sites

Links to other sites may be included on the 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 the Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Disclaimers

7.1 The Content on the Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to Content on the Site.

7.2 I make no representation, warranty, or guarantee that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, 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.

7.3 I make reasonable efforts to ensure that the Content on the Site is complete, accurate, and up-to-date. I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8. My Liability

8.1 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) the Site or the use of or reliance upon any Content included on the Site.

8.2 To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Site or any Content included on the Site.

8.3 The Site is intended for non-commercial use only. If you are a commercial 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.

8.4 I take all reasonable steps to ensure that the Site is free from viruses and other malware, however 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 the Site (including the downloading of any Content from it) or any other site referred to on the Site.

8.5 I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the 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.

8.6 Nothing in these Terms 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.

9. Viruses, Malware and Security

9.1 I take all reasonable steps to ensure that the Site is secure and free from viruses and other malware. I do not, however, guarantee that the Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-clause 8.4.

9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Site.

9.4 You must not attempt to gain unauthorised access to any part of The Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.

9.5 You must not attack the Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6 By breaching the provisions of sub-clauses 9.3 to 9.5 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 the Site will cease immediately in the event of such a breach.

10. Acceptable Usage Policy

10.1 You may only use the Site in a manner that is lawful. Specifically:

10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.1.2 you must not use the Site in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3 you must not use the Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and,

10.1.4 you must not use the Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.2 I reserve the right to suspend or terminate your access to the Site if you materially breach the provisions of this clause 10 or any of the other provisions of these Terms. Specifically, I may take one or more of the following actions:

10.2.1 suspend, whether temporarily or permanently, your right to access The Site;

10.2.2 issue you with a written warning;

10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.2.4 take further legal action against you as appropriate;

10.2.5 disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or,

10.2.6 any other actions which I deem reasonably appropriate (and lawful).

10.3 I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms.

11. Changes to these Terms

11.1 I may alter these Terms at any time. If I do so, I will not necessarily post details of the changes or highlight the changes in these Terms. Any such changes will become binding on you upon your first use of The Site after the changes have been implemented. You are therefore advised to check this page from time to time.

11.2 In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12. Contacting me

To contact me, please email me at tom@rogerscraft.com.

13. Communications from me

13.1 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.

13.2 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 from me at any time, it may take up to twenty (20) business days for your new preferences to take effect.

13.3 For questions or complaints about communications from me (including, but not limited to marketing emails), please contact me at tom@rogerscraft.com .

14. Data Protection

14.1 Any and all personal information that I may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and my obligations under that Act.

14.2 I may use your personal information to:

14.2.1 reply to any communications you send to myself; and,

14.2.2 send you important notices, as detailed in clause 13 above.

14.3 I will not pass on your personal information to any third parties.

15. Law and Jurisdiction

15.1 These Terms, and the relationship between you and me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

15.2 If you are a consumer, any disputes concerning these Terms, the relationship between you and me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

15.3 If you are a business, any disputes concerning these Terms, the relationship between you and me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.