This terms and conditions of use agreement (‘Agreement’) applies to the Websites (as defined below) which are owned and operated by Leonard George Bateman (as defined below). By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us via lg@leonardgeorge.co.uk.
This Website is provided by Leonard George Bateman identified below (‘Provider’ also referred to as ‘we’, ‘us’ and ‘our’) whose registered office is at 14CT126RT.
1. Introduction and Definitions.
The services offered by Provider through the Website include any features, content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the ‘Services’). The Services may be hosted inside or outside of the United Kingdom. ‘Website Member’ means a private individual who either: a) has subscribed to or registered with the Website; or b) is expressly entitled to access the Website and the Services by virtue of subscription to another product or service provided Leonard George Bateman in accordance with the terms and conditions thereof. ‘leonardgeorge.co.uk’ means Leonard George Bateman ‘User’ means a Visitor or a Website Member. ‘Visitor’ means anyone using the Website.
2. Acceptance.
This Agreement sets forth the legally binding terms for your use of the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.
3. Use of Services and Additional Terms.
This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions as notified to you. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate and notified to you, you agree that if you choose to participate in those Services those additional terms and conditions will be incorporated into this Agreement.
4. Modification.
Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Services.
5. Unacceptable Content.
Please choose carefully the information you send to us to be posted on the website. Your Content (as defined in clause 11.1) submitted by you to the Website may not include the following items: telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter, swearing or cussing or use of offensive language. Despite this prohibition, it is possible that content provided by users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Provider assumes no responsibility or liability for this material. If you become aware of misuse of the Website or the Services by any person, please contact lg@leonardgeorge.co.uk.
6. Eligibility.
By using the Services, you represent and warrant that (a) all registration and if applicable, payment information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); and (c) your use of the Services does not violate any applicable law or regulation.
7. Term.
This Agreement shall remain in full force and effect while you use the Services.
8. Proprietary Rights in Content on the Website.
8.1 Provider claims full ownership rights in the text, files, images, photos, video, or any other materials that appear on the Website or the Services (collectively, ‘Content’).
8.2 The Website and/or the Services contain Content owned by Provider (‘Provider Content’). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
9. E-mail Policy
9.1 We will not respond unless required to do so by law to any electronic mail (‘e-mail’) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
9.2 We will not disclose any personal information under any circumstances of any staff of Leonard George Bateman or his partners. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they may be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
10. Content Posted.
10.1 Provider may delete, or refrain from posting any content that in the opinion of Provider violates this Agreement or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person
10.2 You are solely responsible for the Content that you email to the provider for inclusion in the Website or any of the Services. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
11. Content/Activity Prohibited.
11.1 The following is a partial list of the kind of content that is illegal or prohibited to email for inclusion on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Services. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of Provider:
11.1.1 is offensive;
11.1.2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
11.1.3 harasses or advocates harassment of another person;
11.1.4 exploits people in a sexual or violent manner;
11.1.5 contains pornography, violence, or offensive subject matter or contains a link to an adult website.
11.1.6 solicits personal information from anyone under 18;
11.1.7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual other than by the individual themselves or with their express permission.
11.1.8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure.
11.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
11.1.10 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
11.1.11 involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing, instant messaging, ‘spimming’ or ‘spamming’;
11.1.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11.1.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11.1.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
11.1.15 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
11.2 The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to;
11.2.1 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
11.2.2 advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.2.3 covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
11.2.4 any automated use of the system, such as using scripts to perform automated operations;
11.2.5 interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
11.2.6 attempting to impersonate another Website Member or person;
11.2.7 using the account, screen name, or password of another Website Member at any time or disclosing your password to any third party or permitting any third party to access your account;
11.2.8 selling or otherwise transferring your profile;
11.2.9 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
11.2.10 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
11.2.11 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
11.2.12 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
11.2.13 making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (e.g. names/addresses) without their prior consent;
11.2.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, ‘Trojan horses’, ‘worms’ or any other harmful software;
11.2.15 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
11.2.16 Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
12. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via email to lg@leonardgeorge.co.uk We will take such action (if any) that we in our absolute discretion deem appropriate.
13. Privacy.
Use of the Website and the Services is also governed by our Privacy Policy, found at www.leonardgeorge.co.uk/pages/privacy.html which is incorporated into this Agreement by this reference.
14. Disclaimers.
Provider is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided ‘AS-IS’ and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
15. Choice of law and Jurisdiction.
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
16. Indemnity.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
17. Other.
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
18. Additional Services.
From time to time we may provide content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
19. Advertising and Sponsorship.
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
20. General.
You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
21 Termination.
21.1 We may terminate the provision of the Website or the Services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); (3) we consider in our sole discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement.
21.2 We may change, suspend or discontinue any aspect of the Website and/or Services at any time including the availability of any feature of or other content in the Website.
21.3 We reserve the right to offer the Website and/or Services only to residents of certain territories.