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WWW.MELDOWNING.COM

WEBSITE TERMS OF USE (March 2013 Edition)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. TERMS OF WEBSITE USE

This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the website www.meldowning.com (“the site”), whether as a guest or a registered user. Use of the site includes accessing, browsing, or registering to use the site.

Please read these terms of use carefully before you start to use the site, as these will apply to your use of the site. It is recommended that you print a copy of this for future reference.

By using the site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the site.

2. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of the site:

• The Privacy and Cookie Policy PRIVACY POLICY sets out the terms on which personal data collected from you is processed. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

3. INFORMATION ABOUT US

www.meldowning.com is a site operated by Mel Downing.  I am a Sole Trader.  My trading address is 8 The Maltings, Blyth, S81 8HD.  I am not VAT registered.

CHANGES TO THESE TERMS

I may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes made, as they are binding on you.

4. ACCESSING THE SITE

Access to the site is permitted on a temporary basis. It may be suspended, withdrawn, discontinued or changed without notice (see below). I will not be liable to you if for any reason the site is unavailable at any time or for any period.

From time to time, access to some parts of the site, or the entire site, may be restricted to users who have registered with us.

If you choose, or are provided with, a user identification code, password or any other piece of information as part of the site’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. I have the right to disable any user identification code or password, whether chosen by you or allocated by use, at any time, if in my opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

5. INTELLECTUAL PROPERTY RIGHTS

I am the owner or the licensee of all intellectual property rights in the site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the site for your personal use and you may draw the attention of others to content posted on the site. 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

My status (and that of any identified contributors) as the author of content on the site must always be acknowledged.

You must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from me or my licensors.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.

6. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. All liability is disclaimed, as is all responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of its contents.

7. THE SITE CHANGES REGULARLY

I may update the site from time to time, and may change the content at any time.

However, please note that any of the content on the site may be out of date at any given time, and I am under no obligation to update it.

I do not guarantee that the site, or any content on it, will be free from errors or omissions.

8. LIABILITY

The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by the law, I, together with the third parties connected to me hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any 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, any websites linked to it and any materials posted on it, including:

• loss of income or revenue;
• loss of business; 
• loss of  profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you are a consumer user, please note that I only provide the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

I will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any content on it, or on any website linked to it.

I assume no responsibility for the content of websites linked on the site. Such links should not be interpreted as an endorsement by me of those linked websites. I will not be liable for any loss or damage that may arise from your use of them.

This does not affect my liability for death or personal injury arising from my negligence, nor my liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which can be excluded or limited under applicable law.

9. INFORMATION ABOUT YOU AND YOUR VISIT TO THE SITE

I process information about you in accordance with my privacy and cookie policy {PRIVACY AND COOKIE POLICY}. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

10. VIRUSES, HACKING AND OTHER OFFENCES

I do not guarantee that the site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I will report any such breach to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

I will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

11. LINKING TO THE SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

You must not establish a link to the site in any website that is not owned by you.

The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. I reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on the site other than that set out above, please contact mel@meldowning.com.

12. LINKS FROM THE SITE

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. I have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. JURISDICTION AND APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and I both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14. YOUR CONCERNS

If you have any concerns about material which appears on the site, please contact mel@meldowning.com.

Thank you for visiting the site.