TERMS AND CONDITIONS OF THE WEB SURGERY
(1) Your access to and use of THE WEB SURGERY – www.thewebsurgery.com (“the Website”) is subject exclusively to these Terms and Conditions. By using the website you will be deemed to have accepted these Terms and Conditions and everything they contain. If you do not accept these Terms and Conditions you must immediately stop using the Website.
(2) We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website 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.
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“services”) designed to enable you to communicate with others. The services form part of the Website. Unless stated otherwise the Services are for your personal and non-commercial use only.
3. USE & INTELLECTUAL PROPERTY
(1) Use of the website is subject to these terms and conditions and you agree that you will not use the website for any use which is unlawful and/or contrary to these Terms and Conditions
(2) Use of the website is at your own risk and by licence only and you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors
(3) You specifically acknowledge and agree that our website is made available for your personal use only. You may not, nor assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display, use, reproduce, distribute, modify, make derivative works of or create Internet “links” to the website without our express permission in writing including use of our name and any copyrighted or trademarks content.
(4) We do not claim ownership of any information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“content” ) you post, upload or submit to the Website. 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 such content is displayed on the website. This licence will be terminated when such content is entirely deleted from the website.
(5) We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
(6) We have made every effort to ensure that anything displayed on our website, including any products, are displayed as accurately as possible but can not be responsible for variations and please also refer to our general Terms & Conditions. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we can not guarantee this will be accurate.
(7) Recommendations, comments or any Website content should not be relied upon and do not constitute advice or counselling.
4. PARENTAL 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 should supervise such access and use. By allowing your child access to the Website you are allowing your child access to all of the services. It is therefore your responsibility to determine which services are appropriate for your child. We specifically advise that you exercise caution when revealing personally identifiable information.
5. How We Use Your Personal Information (Data Protection)
5.1 Any and all personal information that We may collect from and/or about you will be collected, used, and held in accordance with your rights and Our obligations under the General Data Protection Regulation (GDPR).
5.2 We may use your personal information to:
5.2.1 provide and manage your Account;
5.2.2 host your User Content;
5.2.3 reply to any communications you send to Us;
5.2.4 send you important notices;
15.3 We will not pass on your personal information to any third parties [without your express written permission].
6. USER ACCOUNT, PASSWORD AND SECURITY
(1) Some services may requires you to open an account and complete the registration process by providing certain information and registering a username and password. You are solely responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account.
(2) You may not use another person’s account at any time, without the express permission of the account holder
(3) You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
(4) In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
7. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. If we have a link to another website this does not mean we endorse that website and you acknowledge and agree that we are in no way responsible for any other website nor the content displayed on it.
8. ACCEPTABLE USE
(1) You acknowledge that all content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such content originated. We do not control or endorse the Content and cannot guarantee its accuracy, integrity or quality and you acknowledge that by using the website you may be exposed to content that is offensive and/or indecent. We 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 on the Website 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.
(2) In using the Website you specifically agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) 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;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) 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;
(vii) collect or store personal information about others, including email addresses;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) 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;
(xii) 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);
(xiii) 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.
(3) Whilst we are not obliged to monitor the Website or content we reserve the right to remove any content without notice and at our sole discretion.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
(1) We cannot guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect the use nor will be held liable for such. Particularly, there are inherent problems in the use of the Internet that we will not be responsible for, nor for any crashes which may result in data loss or other problems whilst using our website. The Site is provided on an “as is” and “as available” basis.
(2) We make no warranty or guarantee whatsoever in respect of the website or its use.
(3) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to the website or its use.
You specifically agree to completely indemnify us and any subsidiaries, agents and employees against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and conditions or your use of the website including any content submitted, posted or transmitted through the website.
We have the right to terminate your access to the website at any time, without any liability whatsoever, without notice, for any reason whatsoever including, without limitation, breach of these Terms and Conditions.
Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of these Terms and Conditions.
13. GOVERNING LAW
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.