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.