PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using this website, magicsquaredesign.co.uk (the site).
How to make contact
magicsquaredesign.co.uk is a site operated by Genevra Elsbury-Pearce. To contact me, please use the Contact page on this website, or use the social media links at the bottom of each page.
By using the site you accept these terms
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, you must not use the site.
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 the site:
the Privacy Policy.
the Cookie Policy, which sets out information about the cookies on the site.
I may make changes to these terms
I amend these terms from time to time. Every time you wish to use the site, please check these terms to ensure you understand the terms that apply at that time.
I may make changes to the site
I may update and change the site from time to time to reflect changes to the products, users' needs and business priorities.
I may suspend or withdraw the site
The site is made available free of charge.
I do not guarantee that the site, or any content on it, will always be available or be uninterrupted. I may suspend or withdraw or restrict the availability of all or any part of the site for business and operational reasons. I will try to give you reasonable notice of any suspension or withdrawal.
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.
I may transfer this agreement to someone else
I may transfer my rights and obligations under these terms to another organisation. I will always tell you in writing if this happens and I will ensure that the transfer will not affect your rights under the contract.
The site is only for users in the UK
The site is directed to people residing in the United Kingdom. I do not represent that content available on or through the site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the security procedures, you must treat such information as confidential. 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 me, at any time, if in my reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify me.
How you may use material on the site
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 must not modify, copy or use any materials, illustrations, text, photographs, video or audio sequences or any graphics.
My status (and that of any identified contributors) as the author of content on the site must always be acknowledged (except where the content is user-generated).
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, download, share or repost 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.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the site or any services provided via, or in relation to, the site.
This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of my rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) I am unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to me.
The site, its content and any services provided are only targeted to, and intended for use by, individuals located in the UK (Permitted Territory). By continuing to access, view or make use of the site and any related content and services, you hereby warrant and represent that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of the site.
Do not rely on information on this site
The content on the 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 the site.
Although I make reasonable efforts to update the information on the site, I make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
I am not responsible for websites I link to
Where the 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 me of those linked websites or information you may obtain from them.
I have no control over the contents of those sites or resources.
User-generated content is not approved by me
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 me. The views expressed by other users on the site do not represent my views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact me.
Responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my 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.
If you are a business user:
I exclude all implied conditions, warranties, representations or other terms that may apply to the site or any content on it.
I 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, the site; or
use of or reliance on any content displayed on the site.
In particular, I 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 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.
If defective digital content that I have supplied, damages a device or digital content belonging to you and this is caused by my failure to use reasonable care and skill, I will either repair the damage or pay you compensation. However, I will not be liable for damage that you could have avoided by following my advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by me.
Use of your personal information
Your personal information will only be used as set out in the Privacy Policy.
Uploading content to the site
Whenever you make use of a feature that allows you to upload content to the site, or to make contact with other users of the site, you must comply with the content standards.
You warrant that any such contribution does comply with those standards, and you will be liable to and indemnify me for any breach of that warranty. This means you will be responsible for any loss or damage I suffer as a result of your breach of warranty.
Any content you upload to the 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 me a limited licence to use, store and copy that content and to distribute and make it available to third parties.
I also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
I have the right to remove any posting you make on the site if, in my opinion, your post does not comply with the content standards.
You are solely responsible for securing and backing up your content.
Rights you are giving me to use material you upload
When you upload or post content to the site, you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.
I am not responsible for viruses and you must not introduce them
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 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 that 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. Any such breach will be reported 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.
Rules about linking to the site
You may link to the 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.
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.
The website in which you are linking must comply in all respects with the content standards set out.
If you wish to link to or make any use of content on the site other than that set out above, please contact me.
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 I both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, 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.
My trade mark is registered
"MAGIC SQUARE DESIGN" / "MAGICSQUAREDESIGN" (series of 2) is a UK registered trade mark owned by me. You are not permitted to use it without my express written approval.