sally-matthews.com and sandandsmoke.com (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions and any other rules posted on our Sites (collectively, the “Terms”). Please read the Terms carefully before using our Sites. We recommend you should keep a copy of the Terms for future reference.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including sally-matthews.com and sandandsmoke.com Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. We try to ensure that the information on this site is accurate and complete. We do not promise that all Content is accurate or error-free. We do not promise that the functional aspects of the Site or the Content will be error free or that this Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. The personal opinions of the designers and labels whose products we feature, or any third parties with whom we are associated are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than us, including advertisers. We have not reviewed all of the sites linked to our Sites and are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the 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 websites or resources.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the Terms is intended to affect your rights under applicable law(s). If we breach the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of sally-matthews.com or sandandsmoke.com, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms together with all our policies and procedures will be governed by and construed in accordance the laws of England and Wales and the relevant English courts will have exclusive jurisdiction over any dispute.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to make changes to these Terms without notice. Any changes we may make to these Terms in the future will be posted on the Site. Your continued use of the Site will be deemed to be your acceptance of any changes to these Terms.