Website Terms of Use & Acceptable Use

www.virtualmadeleine.co.uk

Website Terms of Use

This document details the terms of use on which you may use my website – www.virtualmadeleine.co.uk (my site), whether as a guest or a registered user.  Please read these terms of use carefully before you start to use the site. By using my site, you accept these terms of use and agree to abide by them.

ABOUT ME
www.virtualmadeleine.co.uk is a site operated by Madeleine Thompson trading as Virtual Madeleine (“me” or “I”).  My address is 13 Gladstone Way, Newton-le-Willows, WA12 9WR, and my email address is hello@virtualmadeleine.co.uk.

MY SITE
I allow access to my site on a temporary basis and I reserve the right to withdraw, restrict or change my site at any time and without notice. I will not be liable if for any reason my site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to my site. If, in my opinion, you are not complying with these terms of use, I have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy (see below) when using my site.
It is your responsibility that anyone who accesses my site through your internet connection is aware of these terms and complies with them.

VARIATIONS
I may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on I site.

INTELLECTUAL PROPERTY RIGHTS
I am the owner or the licensee of all intellectual property rights in my site and 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 use any part of the materials on our site for commercial purposes without a licence from me or our licensors. You may not reproduce in any format (including on another website) any part of my site (including content, images, designs, look and feel) without my prior written consent.

If, in my opinion, you are in breach of these provisions, your right to use my site will cease immediately and you must either return or destroy (as required by me) any copies of the materials you have made.

RELIANCE ON INFORMATION AND LINKS
The contents of my site (including links to other sites and resources provided by third parties) are for information only, and I shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
I process information about you in accordance with our Privacy & Cookies Policy. By using my site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKING TO OUR SITE
You may link to my site if you do so in a way that is fair and legal and does not damage my reputation or take advantage of it. I reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with my Acceptable Use Policy and must be owned by you.   You must not link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

My site must not be framed on any other site.

If you wish to make any use of material on my site other than that set out above, please address your request to hello@virtualmadeleine.co.uk.

UPLOADING MATERIAL TO OUR SITE
You must not upload any material to my site.  If you do so and I suffer loss as a result, you will reimburse me for such loss.
If you breach this term and upload any material to our site, it will be considered non-confidential and non-proprietary and I have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, I have the right to disclose your identity to them.

I will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of my site.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse my site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to my site, the server on which my site is stored or any server, computer or database connected to my site.
You must not attack my site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use my site will cease immediately and I will report your actions to the relevant authorities.

MY LIABILITY
The material displayed on my site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, I 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 my site or in connection with the use, inability to use, or results of the use of my site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
– 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
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to my site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Acceptable Use Policy

This is the Acceptable Use policy, which, together with my Website Terms of Use, sets out the terms under which I, Madeleine Thompson trading as Virtual Madeleine, allow you to use my site www.virtualmadeleine.co.uk (“site”) whether you are a visitor or a registered user.

All enquiries should be directed to hello@virtualmadeleine.co.uk. Please read the terms of this policy carefully, as by using my site you indicate that you agree to comply with and be bound by them.

PROHIBITED USES OF MY SITE
Whether you are a visitor or registered user, you must comply with my Website Terms of Use and use my site for lawful purposes only. In particular, you must not use my site for the uses listed (without limitation) below:-
• any fraudulent activity;
• any activity which breaches any applicable law or regulation, whether national or international;
• any activity which may cause or result in harm to a child under 18 years of age;
• sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
• reproducing, selling or otherwise handling my site or its contents in breach of my terms of website use;
• knowingly introducing to my site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
• attempting to gain unauthorised access to my site, our software, our server, or any server, computer or database connected to our site; or
• attacking my site via a denial-of-service attack or a distributed denial-of service attack.

CONTRIBUTING AND INTERACTING
My site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
• is defamatory, obscene, offensive, hateful or inflammatory;
• is, or refers to material which is, sexually explicit;
• promotes violence, illegal activity or any form of discrimination;
• infringes any other person’s copyright, database right or trade mark;
• threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
• advocates, promotes or assists any illegal activity;
• is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
• invades another’s privacy or cause inconvenience or anxiety to any person;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
• gives the impression that the material emanates from me, if this is not the case.

MODERATION
If I at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
• I will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
• if moderation is in place, I will give you a means to contact the moderator;
• although I will do my best to assess any risks which such interactive service may pose, I will be under no obligation to moderate it, and I expressly exclude any liability for any loss or damage to any person caused by use of it; and
• children should not be using my site or any interactive services on my site, whether such services are moderated or not.

BREACHES OF THIS POLICY
Any breach of this Acceptable Use Policy will be dealt with in the same way as breach of our Website Terms of Use and I reserve the right to take any other action I reasonably deem appropriate, including restricting your use of my site and/or taking legal action against you. I am not liable for any loss or damage caused by any breach of this acceptable use policy.

AMENDMENTS
I may change or update this policy at any time by means of notices published anywhere on my site.