This terms and conditions of use agreement ("Agreement") applies to the Websites (as defined below) which are owned and operated by Leonard and Suzanne Bateman(as defined below). By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us via len@zoomdek.com
This Website is provided by Zoomdek publishing identified below ("Provider", also referred to as "we", "us" and "our") whose registered office is at 14 Marrose Aveune, Ramsgate, CT12 6RT.
1. Introduction and Definitions
1.1 The services offered by Provider through the Website include any features, content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the "Services"). The Services may be hosted inside or outside of the United Kingdom.
1.2 "zoomdek.com" means Zoomdek Publishing
"User" means a Visitor or a Website Member.
"Visitor" means anyone using the Website.
2. Acceptance.
2.1 This Agreement sets forth the legally binding terms for your use of the Service. By using the Service, and in consideration of Provider providing the Service to you, you agree to be bound by this Agreement. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Service immediately.
3. Modification.
3.1 Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Service after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Service.
4. Term.
This Agreement shall remain in full force and effect while you use the Service.
8. Proprietary Rights in Content on the Website.
4.1 Provider claims full ownership rights in the text, files, images, photos,video, or any other materials that appear on the Website or the Service (collectively, "Content").
4.2 The Website and/or the Service contain Content owned by Provider ("Provider Content"). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Service.
5 E-mail Policy
5.1 We will not respond unless required to do so by law to any electronic mail ("e-mail") sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
5.2 We will not disclose any personal information under any circumstances of any staff of Zoomdek Publishing or its partners. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they may be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
6. Content Posted.
6.1 Provider may delete, or refrain from posting any content that in the opinion of Provider violates this Agreement or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person.
7 Copyright Policy.
7.1 You may not modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Provider prohibits use of the Website and/or the Service of any User who infringes the copyright of others.
8 Privacy.
8.1 Use of the Website and the Services is also governed by our Privacy Policy, found under our legals pages on this site and which is incorporated into this Agreement by this reference.
9 Disclaimers.
9.1 Provider is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website or the Service, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided "AS-IS" and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
10 Choice of law and Jurisdiction.
10.1 This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction
11 Indemnity.
11.1 You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
12 Other.
12.1 This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13 Additional Services.
13.1 From time to time we may provide content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
14 Advertising and Sponsorship.
14.1 The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
15 General.
15.1 You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
16 Termination.
16.1 We may terminate the provision of the Website or the Services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); (3) we consider in our sole discretion that you are abusing the Service provided by the Website or are otherwise acting in breach of the Agreement.
16.2 We may change, suspend or discontinue any aspect of the Website and/or Service at any time including the availability of any feature of or other content in the Website.
16.3 We reserve the right to offer the Website and/or Service only to residents of certain territories.