WEBSITE TERMS AND CONDITIONS
The Eternal Spots website at Eternalspots.com (the “Site”) is owned and operated by Eternal Spots Ltd., a company registered in England under number 8277303 (“we”, “us”, and “our”).
By using the Site, you confirm that you have read these terms and conditions and agree to comply with them and with any variations made from time to time by us. By contributing articles or other content, you confirm that you have also read the additional terms and conditions starting at condition 7 below, and agree in addition to comply with them and with any variations made from time to time by us.
You will be considered to have read and accepted these terms and conditions, including any changes, each time you use the Site. We reserve the right to change or modify these terms and conditions, or the content or design or user interfaces of the Site, at any time without notice and at our discretion.
1. Intellectual Property and Permitted Use
1.1. The Site and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the Site (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times our property or is used under licence and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
1.2. Without our prior written permission or except as indicated in respect of specific content on the Site, you may not copy, download, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on the Site or the underlying software code whether in whole or in part. However, the contents of the Site may be downloaded, printed or copied for your personal non-commercial use.
1.3. You may only use the Site in line with these terms, and for lawful and proper purposes. You must comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing the Site.
1.4. We reserve the right in our sole and absolute discretion to restrict or prohibit your access to the Site at any time and for any reason. If you violate any of these terms, your permission to use the Site shall terminate immediately without the necessity for any notice.
1.5. Articles and/or other content on this Site may have originally appeared on other websites or in other publications and we provide a link to the original source where this is so. All such articles and/or content are used with the source’s permission.
1.6. We may occasionally use copyrighted content where we believe that such use of such content is covered by an applicable ‘fair use’ exception. If you believe that any content on this Site may infringe any copyright of yours, you should submit a copyright infringement notification to us at EternalSpots@gmail.com. You should only submit a notification if you are the copyright owner or their authorised agent. This is a legal process and should not be initiated frivolously.
2. Your use of the Site
2.1. Information and content on the Site are intended for general information only and do not constitute any form of advice or recommendation by us. Such information and content are not intended to be relied upon in making (or refraining from making) any decision, nor are they intended to address any particular requirements of any individual situation. You acknowledge that the final responsibility for the judgements you make and for any decisions or acts that flow from them remains your own. If you have any doubts about your legal, financial or medical situation or obligations in any context, you should seek professional advice. In addition, we are not responsible for and may not hold or share any opinions expressed by our content contributors.
2.2. You agree and understand that all information and/or content in any form, including without limitation text, images, videos and audio files (together “Content”), you upload or post to or send via the Site is entirely your responsibility. By posting or submitting Content to the Site, you give us the right to (i) display or publish such Content on the Site and affiliated publications; (ii) adapt or make, or have adapted or made, derivative works of such Content and to display such adapted or derivative works; (iii) to store, use and distribute such Content.
2.3. You must not use the Site or our services:
2.3.1. In violation of any applicable law or regulation;
2.3.2. In violation of any copyright, trademark or other intellectual property rights, whether belonging to us or to any third party;
2.3.3. In a way which violates the privacy or other personal rights of adults (including the disclosure of any contact information of any person without their written permission);
2.3.4. Is any unlawful, abusive, threatening, harassing, obscene, defamatory, offensive, sexist, racist or discriminatory way;
2.3.5. To cause a nuisance, inconvenience or anxiety to any person;
2.3.6. In any way which impersonates another person, or misrepresents your title or connection with any person or entity;
2.3.7. In any way which deliberately or recklessly prejudices our reputation;
2.3.8. To copy, download, publish or distribute any content or information for any purpose not authorised by these terms and conditions;
2.3.9. In a way that breaches or attempts to breach the security of the Site (including but not limited to: unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);
2.3.10. Involves any ‘intelligent agent’ software, spider, scraper, engine or other device to search or navigate the Site;
2.3.11. For any commercial or business purposes, except where a legally binding agreement between us which allows you to do so is currently valid and in force.
2.4. Subject to any conditions specific to any service we offer and except as indicated in respect of specific content on the Site, you may read, print and download parts of the material and information on the Site for your private, non-commercial use or use in the ordinary course of the your profession, but you may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining our written permission, or that of the rights owner. To seek permission please contact: email@example.com.
2.5. We reserve the right to remove any content without notice from the Site, or to withdraw, restrict or amend any of the services we provide on the Site, or restrict the availability of the Site itself, without notice. We do not undertake to keep or make available any content provided by us, for any length of time and you are advised, subject to these terms and conditions, to make a copy of any material that you wish to keep.
2.6. We reserve the right to remove from the Site any content or information supplied by you, or to prevent you from accessing or using the Site, whether temporarily or permanently, at our sole discretion. We do not have to give you a reason for doing this. We may immediately delete any information from the Site which we consider to breach these terms and conditions or to be unacceptable for any reason.
2.7. All merchandise on the Site is sold subject to the merchandiser’s terms and conditions, which appear at the bottom of the Shop page.
2.8. All streamed video content provided by Yekra LLC via the site is made available subject to their terms of service.
2.9. You agree to indemnify us in respect of any loss, damage, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site and/or our services, any content or information you upload or post to or send via the Site, and your breach of these terms and conditions, whether or not you register with the Site. You agree to indemnify, defend and hold us harmless from any and all liability, damage, loss, claim and expense (including reasonable legal fees) related to any breach by you of these terms and conditions.
2.10. We will not become involved in any disputes between users and/or contributors. However, where you consider that any user’s or contributor’s actions or behaviour may be unlawful, harmful or disturbing, or may breach any of terms and conditions of the Site, you should contact us so that we may, in our sole discretion, take such action as we consider necessary.
2.11. You agree that in the event that a dispute arises between you and another user(s) and/or contributor(s), we will not become involved or mediate and will have no liability of any kind in connection with such dispute.
3.1. We try to ensure that the Site operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if the Site becomes temporarily unavailable due to technical issues, or issues beyond our control. We do not guarantee that the Site will be compatible with all or any hardware and software which you may use.
4. Data Protection
4.1. Any personal information you supply to us when you use the Site will be processed in accordance with our Data Protection Policy. By using the Site you consent to such processing and warrant that all data provided by you is accurate.
4.2. We will take appropriate measures to ensure that your personal data is kept secure.
4.3. We will not share your personal information with any third parties outside of our organisation and our appointed representatives, except with your permission. For the avoidance of doubt, we will not sell, trade or rent any of your personal information to third parties.
4.4. By providing us with your personal data you consent to our processing your personal data for the purposes of providing our services. You also understand that such data will be used for communicating with you regarding your account and for statutory, accounting and archival purposes.
4.5. However, we may gather, use and share with third parties certain anonymous information and statistics about our users and visitors, in aggregate form only, and in order to help us improve our service.
5. Our liability
5.1. Our liability for matters in relation to which liability by applicable law cannot be excluded or limited shall not be excluded or limited and the rest of this ‘Our liability’ condition is subject to this proviso.
5.2. We provide the Site on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and condition, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. We further exclude all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.3. We give no warranties, conditions, guarantees or representations in relation to the Site:
5.3.1. As to the completeness, accuracy, reliability or currency of any advice, information or other content contained on or sent or received from the Site or any website to which it is linked;
5.3.2. Of any particular result or outcome of using the Site;
5.3.3. That the Site and the server that makes it available will be error- or virus-free or free of other harmful components or that your use of the Site or your access to your account or our services will be uninterrupted, timely, secure, or error-free;
5.3.4. That the use of the Site or any material downloaded from it will (i) not cause damage to any property, or (ii) not contain any computer virus infection, spyware, malicious software, trojans and worms.
5.4. All merchandise offered via the Site is offered and sold by Spreadshirt Inc subject to their Terms of Service. We are not parties to the contract of sale and we accept no liability in relation to your purchase of merchandise via the Site.
5.5. Streamed video content on the Site is offered, rented and sold by Yekra LLC subject to their Terms of Service. We are not parties to the transaction and we accept no liability in relation to any issues that may arise out of your purchase or rental of video content via the Site.
5.6. The Site may contain content and/or links to third-party websites submitted and created by advertisers and other third parties. We do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including without limitation goods or services on or available from such websites or resources or (iii) the use that others make of such websites or resources, nor for any damage, loss or offence arising out of the use of or reliance on any such goods or services available on such websites or resources. We do not guarantee that such websites are free from viruses or anything else that could be infectious or destructive. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any dealings with such websites, and you agree and understand that you access and use those websites entirely at your own risk.
5.7. You understand and acknowledge that material submitted by other users and/or contributors is the sole responsibility of the person from which such material originated. We exclude all liability for any illegality, loss or damage arising from such material, or any errors, omissions or inaccuracies in such material.
5.8. The Site may contain technical inaccuracies and typographic or photographic errors. The content may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the Site up-to-date or liability for any failure to do so.
5.9. We exclude all liability for any loss, claim, expenses or damages whatsoever (including, without limitation, damages for loss of reputation, opportunity or goodwill or other indirect, consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or our services or out of any third party’s use of the Site. In addition, we exclude all liability for any content or material appearing on or sent from the Site, including without limitation, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site. If you are dissatisfied with the Site or any of its content, your sole remedy is to discontinue your use of the Site.
6. Law, jurisdiction and interpretation
6.1. If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
6.2. Your use of the Site, any material downloaded from it and the operation of these Terms and Use shall be governed by, construed and interpreted in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of your residence or any other country.
7. Additional terms for contributors
7.1. You acknowledge that we own the Site and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the Site (including, but without limitation, text, graphics, videos, music, sound and links). By submitting, posting or displaying Content on or to the Site, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable, sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content on the Site and affiliated publications. However, we do not guarantee that we will use, publish or display such Content.
7.2. You represent and warrant that (i) you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted, (ii) such Content is your own work and is not defamatory or likely to place you or us in contempt of court or in breach of any criminal law or any other law or regulation, and (iii) you have all necessary right, power and authority to agree to these terms and conditions and to fulfil your obligations hereunder.
7.3. We may at our sole discretion and at any time and for any reason terminate this agreement, or suspend or remove Content posted or submitted by you. You are responsible for keeping back-up copies of Content you post or submit.
7.4. The Content you submit must be accurate, truthful, ethical and legal. You must notify us immediately (i) of any complaints about such Content of which you become aware, and (ii) in the event that you become aware of anything which could place you, us, such Content or the Site in breach of any of these Terms or at risk of legal or regulatory action. You must also notify us of any actual or potential conflict of interest which could be relevant to your Content.
7.5. You agree to comply with all applicable laws in all your dealings with us or the Sit, and in particular to comply with the Data Protection Act 1998.
7.6. You agree to indemnify and hold us harmless from and against any third-party claim arising from or in any way related to your use of the Site and/or submission or posting of Content, including from all claims, losses, damages (actual and consequential), including legal costs. We will promptly provide you notify you of any such claim.