By accessing this Website, you agree
to be bound by them.
DEFINITIONS
"Conditions" means these
terms and conditions: "Personal Information" means any personal details
provided by you via the Website;
"User(s)" means (a) user(s) of
the Website either collectively or individually, as the context requires;
"We/us/our" means gotcrochet.com,
"Website" means the
website located at http://www.gotcrochet.com/ or any subsequent URL
which
may replace it; and "You/your"
means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance
with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree
not to use the Website (or any part of) for any illegal purpose and agree to use
it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit
through the Website any computer viruses, macro viruses, trojan horses, worms
or anything
else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer;
2.1.3 will not upload or transmit through
the Website any material which is defamatory, offensive, or of an obscene or menacing
character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such
that the effectiveness
or functionality of the Website is in any way impaired;
2.1.5 will not use
the Website in any manner which violates or infringes the rights of any person,
firm or company (including,
but not limited to, rights of intellectual property,
rights of confidentiality or rights of privacy);
2.1.6 agree that in the event
that you have any right, claim or action against any Users arising out of that
User's use of the
Website, then you will pursue such right, claim or action
independently of and without recourse to us.
3 INDEMNITY
3.1 You agree
to be fully responsible for (and fully indemnify us against) all claims, liability,
damages, losses, costs and expenses,
including legal fees, suffered by us
and arising out of any breach of the Conditions by you or any other liabilities
arising out of
your use of the Website, or the use by any other person accessing
the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently,
the Website (or any part of) with or without notice to you and you confirm
that we shall not be liable to you or any third party for any modification to
or withdrawal of the Website; and/or
4.1.2 change these Conditions from time
to time, and your continued use of the Website (or any part of) following such
change
shall be deemed to be your acceptance of such change. It is your responsibility
to check regularly to determine whether the
Conditions have been changed.
If you do not agree to any change to the Conditions then you must immediately
stop using the Website.
4.2 We will use our reasonable endeavours to maintain
the Website. The Website is subject to change from time to time.
You will
not be eligible for any compensation because you cannot use any part of the Website
or because of a failure, suspension
or withdrawal of all or part of the Website
due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an
attempt to provide increased value to our Users, we may provide links to other
websites or resources. You acknowledge and
agree that we are not responsible
for the availability of such external sites or resources, and do not endorse and
are not responsible
or liable, directly or indirectly, for the privacy practices
or the content (including misrepresentative or defamatory content) of such
websites, including (without limitation) any advertising, products or other materials
or services on or available from such websites
or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in connection with,
the use of or reliance
on any such content, goods or services available on
such external sites or resources.
6 MONITORING
We have the right, but
not the obligation, to monitor any activity and content associated with the Website.
We may investigate any
reported violation of these Conditions or complaints
and take any action that we deem appropriate (which may include, but is not
limited to, issuing warnings, suspending, terminating or attaching conditions
to your access and/or removing any materials from the
Website).
7
YOUR DATA
7.1 We respect your personal information and undertake to comply
with applicable UK Data Protection legislation from time to time
in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police
or any regulatory or government authority investigating suspected illegal activities,
or upon
receipt of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website
we shall do
so; and
7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the Website in relation to any, or any threatened,
Court Proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the
matters set out in
these Conditions or otherwise.
7.4 Please view our Privacy Policy, which
forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content
supplied as part of the Website
shall remain at all times vested in us or our licensors. You are permitted to
use this material
only as expressly authorised by us.
8.2 The Website
is Copyright, Blue Purple and Scarlet Designs, 2006. All rights reserved.
9.
NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to P.O. Box 293387 Phelan California 92329;
9.1.2 by email
to sapphiresky@peoplepc.com
9.2 As proof of sending does not guarantee our
receipt of your notice, you must ensure that you have received an acknowledgement
from us, which will be sent within 3 working days of our receipt and should
be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL
USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON
THE WEBSITE,
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION
TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and
"as available" basis without any representation or endorsement. Unless
specified in
separate terms and conditions related to a particular product
or service, we make no warranties of any kind, whether express or
implied,
in relation to the Website, or products or services offered on the Website whether
by us or on our behalf (including free
software downloads) including but
not limited to, implied warranties of satisfactory quality, fitness for a particular
purpose,
non-infringement, compatibility, security, accuracy, condition
or completeness, or any implied warranty arising from course
of dealing or
usage or trade.
10.3 Unless specified in separate terms and conditions related
to a particular product or service, we make no warranty that the
Website
or products or services offered on the Website whether by us or on our behalf
(including free software downloads) will
meet your requirements or will be
uninterrupted, timely, secure or error-free, that defects will be corrected, or
that the Website
or the server that makes it available or products or services
offered on the Website whether by us or on our behalf (including free
software
downloads) are free of viruses or bugs or are fully functional, accurate, or reliable.
We will not be responsible or liable to
you for any loss of content or material
as a result of uploading to or downloading from the Website.
10.4 Notwithstanding
any other provision in the Conditions, nothing shall limit your rights as a consumer
under United States law.
10.5 You acknowledge that we cannot guarantee and
therefore shall not be in any way responsible for the security or privacy of
the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss
or damage connecting to the Website through a third
party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations
(other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website or products
or services
offered on the Website whether by us or on our behalf (including
free software downloads) for:
10.7.1 any economic losses (including without
limitation loss of revenues, profits, contracts, business or anticipated savings);
or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special
or indirect or consequential losses; in any case whether or not such losses were
within the contemplation
of either of us at the date on which the event giving
rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or
limit our liability for death or personal injury resulting from our negligence
or
that of our servants, agents or employees.
11 SEVERANCE
If
any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be
deemed to be severable from these Conditions
and shall not effect the validity and enforceability of any of the remaining
provisions of the Conditions.
12 WAIVER
Nothing shall be construed
as a waiver by us of any preceding or succeeding breach of any provision.
13
SURVIVAL
Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other
of those provisions
is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE
AGREEMENT
These Conditions (as amended from time to time) contain the entire
agreement between you and us relating to the subject
matter covered and supersede
any previous agreements, arrangements, undertakings or proposals, written or oral,
between
you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation
of these
Conditions. You confirm that, in agreeing to accept these Conditions, you have
not relied on any representation save
insofar as the same has expressly been
made a representation in these Conditions and you agree that you shall have no
remedy
in respect of any misrepresentation which has not become a term of
these Conditions save that your agreement contained in this
Clause shall
not apply in respect of any fraudulent misrepresentation whether or not such has
become a term of these Conditions.
15 LAW
The Conditions will be exclusively
governed by and construed in accordance with the laws of United States whose Courts
will have exclusive jurisdiction in any dispute, save that we have the right,
at our sole discretion, to commence and pursue
proceedings in alternative
jurisdictions.