WEBSITE TERMS & CONDITIONS
Effective Date: 10/09/2018
This website is owned and operated by ColArt Contract Manufacturing Limited trading as “Crown Artist Brush”. We are registered in the UK (technically “England & Wales”) under number 02496559. Our registered office and trading address is at The Studio Building, 21 Evesham Street, London W11 4AJ. Our VAT number is GB 541394155.
Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions which govern your use of our website.
Capitalised terms have the following meanings in these terms and conditions:
a) “Consumer” means an individual acting outside his or her trade, business, craft or profession.
b) “Comment” means any review, comment or rating.
c) “Content” means all information including text, artwork, images, photos, videos, messages, Comments etc.) which are published, stored or sent on or in connection with our website.
d) “User” means a person who uses our website (whether or not registered with us).
Changes to the terms and conditions
We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
Use of our website
You are not eligible for, and must not use or register on, our website if you are below 14 years of age.
We grant Users a limited personal right to use our website subject to these terms and conditions.
You agree that you will not in connection with the website:
a) breach any applicable law, regulation or code of conduct or infringe any rights of others;
b) engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
c) publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d) publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
e) use the website for junk mail, spam and pyramid or similar or fraudulent schemes;
f) do anything which may have the effect of disrupting the website including worms, viruses, software bombs or mass mailings;
g) gain unauthorised access to any part of the website or equipment used to provide the website;
h) copy any of the Content (including but not limited to user generated content such as artwork, uploads, comments, Comments etc.) for any purpose except as allowed under these terms and conditions or with our prior written authorisation; or
attempt, encourage or assist any of the above.
You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our website). You must promptly comply with any reasonable request or instruction by us in connection with the website.
Guidance on our site
Any guidance or similar information which we ourselves make available on our website is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful inquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
Suspension / cancellation
We may at any time without cause immediately cancel this agreement including your right to use of our website.
Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our website if we have given you notice of cancellation.
Functioning of our website
We cannot guarantee that the website will be uninterrupted or error-free.
We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business.
Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Intellectual property rights
All trade marks, logos, Content, and software used on the website are our intellectual property or that of other Users or our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
For the avoidance of doubt you may not collect, scrape or harvest any Content on our website or deep-link to or frame Content on our website without our specific prior written consent.
You must not circumvent or otherwise interfere with any security related features of the website or features that limit or prevent copying of Content or which restrict use of Content.
You retain ownership of copyright in your artwork and other Content. If you publish any Content on our website, you grant us a worldwide, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own website, including all language versions, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our website. The licence ends when you close your account unless and to the extent that your Content has already been shared with others who have not deleted it or it persists in backup copies.
You also grant each User a licence to use your Content to the extent expressly permitted by these terms and conditions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our website (“Submissions”) which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Third party websites
We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.