Terms and Conditions of Website Use

Please read these terms and conditions carefully before using this site

WHO WE ARE AND HOW TO CONTACT US

http://www.michaeljamessmith.com is a site operated by Michael James Smith Ltd. (”We”). We are registered in England and Wales under company number 10824532 and have our registered office at 1 The Spinney, 121 Main Road, Danbury, Essex, England, CM3 4DL. Our VAT number is 277 5741 62.

To contact us, please write to us by email at admin@michaeljamessmith.com, via the message facility contained within http://www.michaeljamessmith.com or by post to 1 The Spinney, 121 Main Road, Danbury, Essex, England, CM3 4DL.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our 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, you must not use our site. By using our site, you accept that you must be at least 18 years of age. In the event that you are under 18 years of age, you confirm that you have obtained the consent of your parent or legal guardian who accepts these terms on your behalf and confirms that you will comply with the terms whilst using our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

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

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase goods or services from our site, our Terms and Conditions of Sale will apply to the sales. By purchasing goods or services from our site, you acknowledge that you must be at least 18 years of age.

In the event that you are under the age of 18, please confirm that your parent or guardian has read, and agrees to, the Terms and Conditions of Use, Terms and Conditions of Sale and Privacy Policy before proceeding.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our 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 must not modify paper or digital copies of any materials you have printed off or downloaded in any way from our site, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged if any of the content is used by you.

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

We accept that users may create paintings, illustrations or photographs which are a reproduction of content which they have had access to as a result of their use of the site (“User Material”). For the avoidance of any doubt, this includes any material which has been created by a user as a result of their use of the site’s services, such as: Online Video Tutorials, Written Tutorials, Content posted to the site, Feedback provided via the site; amongst other things.

Users are entitled to use any User Material for personal, non-commercial, use, which might include, but is not limited to, the following: printing the User Material for personal use; posting photographs of the User Material on social media; allowing friends, family and associates to view the User Material in printed or digital format; transferring the User Material to gifts for friends, family and associates, such as calendars, mugs, textiles (amongst other items) which are to be used for a non-commercial purpose.

Users are entitled to sell the physical paintings created based on Michael’s Online Video Tutorials, but the Michael James Smith Online Art School must be credited whenever the work is displayed for sale.

Users must not, under any circumstances, use any User Material for any commercial use without obtaining a licence to do so from us or our licensors. For the avoidance of any doubt, this means that users must not sell or licence, for any commercial gain, any paintings, illustrations, photographs, video or audio which is a reproduction of content which they have had access to as a result of their use of the site, such as reproducing a painting onto greetings cards which they intend to sell, or reproducing a painting as a series of prints, which they intend to sell.

At all times when User Material is being used for personal use, credit must be given to Michael James Smith’s Online Art School in the following prescribed format:  “Produced using an online video tutorial at Michael James Smith’s Online Art School”.

We accept that users are entitled to create paintings, illustrations or photographs, which they create as original, personal content as a result of the techniques and tuition obtained via their use of the site’s services (“Original Material”). This includes any material which is not a reproduction of any content that they have had access to as a result of their use of the site, whether that material has been created by us or a third party user of the site.  We accept that the purpose of the Site is to act as an Art School and as a result of this, Users may, from time to time, create such Original Material.

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

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on admin@michaeljamessmith.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale, found at http://www.michaeljamessmith.com/terms.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with an acceptable standard of use, which takes into account all other users of our site. You are responsible for notifying us immediately in the event that you become aware of any unauthorised use of our site, either by yourself of via a third party. You must notify us using any of the prescribed contact methods provided within this agreement.

We reserve the right to consider what is, and what is not, an acceptable standard of use of our site. Factors which are likely to be considered as an unacceptable standard of use may be, but are not limited to, the following:-

  • Providing any information to us that you know, or that you might reasonably expect to know, is untrue, inaccurate, incomplete or out of date to us.
  • Impersonation of another user or a third party, other than your own identity.
  • Transmitting, posting, loading, storing or creating any material through the site which is considered illegal, defamatory, abusive, threatening, harmful, fraudulent, invasive of privacy, racist, sexist or content that breaches the intellectual property rights of any party.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with an acceptable standard of use.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site.

You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

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

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact admin@michaeljamessmith.com.

SEVERABILITY

Should any term of this Agreement be or become invalid, the validity of the other provision shall not be affected thereby.

If any term of this Agreement is found by a Court of competent jurisdiction to be invalid, the rest of the terms shall remain in full force and effect.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their 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.

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