TERMS OF SERVICE

TERMS OF SERVICE

OVERVIEW

This website (“Site”) is operated by Art and Counsel LLC. All information, tools and services available from this Site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the Site.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Our site is hosted by WordPress. They provide us with the hosting platform that provide content services to you.

GOVERNING LAW

The material on this website resides on a server in the United Kingdom. The law applicable to use of the material and to disputes arising out of the material is law of the England and Wales.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Any delay or failure by us to exercise or enforce any right or provision of the Terms agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

USE OF THE SERVICE

The Service is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes, and elsewhere.

Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.

You acknowledge that we have not reviewed and do not necessarily endorse all of the content of Site (“Content”), applications, destinations or services linked to or accessible from this Service and are not responsible for the Content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.

You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.

You must comply with all applicable import and export control laws, rules, and regulations of the United Kingdom and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any content on or through the Service that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.

Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.

PROHIBITIONS ON USE OF THIS SERVICE

Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly: access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information; make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the U.K. Copyright Act or other law or as expressly permitted in writing by the Terms agreement, us or the Service; falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors and/or service providers; or post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party.

Any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the service, may be a violation of criminal and civil law. Should such an attempt be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law, including criminal prosecution.

INTELLECTUAL PROPERTY

This Site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this Site, is owned by or licensed by Art and Counsel LLC or other third parties and are protected from any unauthorised use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries.

This includes but is not limited to “Art and Counsel,” and any other Site names and/or logos, as well as certain other names, logos, and materials displayed in connection with the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Unless indicated to the contrary, copyright or other intellectual property rights in the material on this site is owned by or licensed to Art and Counsel LLC. Except as provided by any relevant legal provision, no part of any of this material may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of the copyright owner and that of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. You acknowledge that you have no right to have access to all or any part of the Services in source code form.

You may do the following with the material on this site, unless otherwise indicated:

  • Store a reproduction of the material on your local computer for the sole purpose of viewing the material;
  • Print hard copies of the material for informational, non-commercial use;

All other rights are reserved.

HOW MAY I REPUBLISH OR REDISTRIBUTE ART & COUNSEL CONTENT?

Except as set out above, you may not copy Art and Counsel content from artandcounsel.com or any third party source of Art and Counsel content such as news aggregators and you may not republish or redistribute full text articles, for example by pasting them into emails or republishing them in any media, including websites, newsletters or intranets.

Unless otherwise stated, you may only do the following:

  • Publish online, the original Art & Counsel headline and a link to the article and the first 300 characters of an article (what we call teaser text);
  • Forward the original headlines, links and teaser text to other individuals;
  • Download our RSS feeds and view them for your personal use. We currently publish headlines and full text within our RSS feeds. You may also make an RSS feed available to third parties, users within an organisation you work for or users of a website that you publish, on condition that you comply with the restrictions set out below.

The restrictions that apply to use of our RSS feeds are that you:

  • only publish the feed for access via a web-based browser.
  • do not use or publish the feed as part of a paid for service or for other commercial gain.
  • publish the feed as it is made available on artandcounsel.com, so that you only include the headline and teaser content, and ensure that the headline links back to the full text article on artandcounsel.com.
  • attribute the feed to Art and Counsel as “© Art and Counsel Limited [year]”.
  • do not archive the feed or any of its content.
  • comply with our guidelines on usage of Art and Counsel logos.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

LIMITATIONS AND EXCLUSIONS

Any liability incurred in relation to material is limited to the resupply of the material, or the reasonable cost of having the material resupplied. Under no circumstances will Art and Counsel LLC be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the material.

Changes are made periodically to the material, and the material could include technical inaccuracies or typographical errors. Art and Counsel LLC makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any material.
Art and Counsel LLC does not warrant or represent that the material will not cause damage, or is free from any computer virus of any other defects or errors. Art and Counsel is not liable to users of the material for any loss or damage however caused resulting from the use of the material.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. For example, Art & Counsel is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

LINKS TO THIS SITE

We welcome hypertext or other links to the “Home” page of this website, but require notice in advance of “deep links” into our site. We also reserve the right to refuse applications to link to our site from people or organisations that we consider unsuitable.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please email us at info@artandcounsel.com.

Last updated 26th January 2021.