Our website terms and conditions of use
Important Information
The website is owned and run by Melissa Timperley. By using this website you are signifying your acceptance of the Terms and Conditions – if you don’t wish to accept the Terms and conditions don’t use the website. Melissa Timperley may occasionally modify the Terms and Conditions and it is your responsibility to regularly review them. Melissa Timperley will sometimes run competitions and promotions through the website; these may have separate terms and conditions.
Copyright/Intellectual Property
Website copyright ©2015 Melissa Timperley. All rights reserved. This website, including but not limited to its design, graphics, text and dynamic content, is protected in accordance with the Copyright, Designs and Patents Act 1988. It may not be reproduced in part or whole with the express written permission of Melissa Timperley.
Melissa Timperley owns all the Intellectual Property Rights relating to the website, including but not limited to it’s design, imagery, graphics, programming and structure. All individual articles, images and other elements making up the website may be copyright works. You may not copy anything from the site without the express written permission of Melissa Timperley. You are permitted to browse this site and reproduce extracts by way of printing but only, in all cases, for non-commercial, informational and personal purposes only. No reproduction of any part of the site may be sold or distributed for commercial gain nor shall it be modified or incorporated into any other work, publication or site.
No Reliance
While we have aimed to ensure the complete accuracy of the information on the website, Melissa Timperley does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material.
Links
The website may contain links that will allow you to leave the website, or allow you to access it from a third party website. Any linked or third party sites are not under the control of Melissa Timperley and hence we take no responsibility or liability for the contents of any such linked sites and any losses or penalties the may incur as a result of following a link.
Licence and Download Rights
You acquire no rights or licenses in or to the website and/or the Content other than the limited right to use the website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the website. Download is permitted by Melissa Timperley provided only that:
- (i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
- (ii) you make only personal, non-commercial use of such download and/or printed copy; and
- (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the website available as part of another website, whether by hyperlink framing on the internet or otherwise. The website and the information contained therein may not be used to construct a database of any kind, nor may the website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the website.
Permissions
If you would like information about obtaining Melissa Timperley’s permission to use any of the Content or if you would like to link your website to the website, write to: Melissa Timperley.
No Warranty
The website and the content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Melissa Timperley further accepts no responsibility or liability for functions contained on the website and makes no warranties that the website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Melissa Timperley does not warrant that the website is compatible with your computer equipment or that the website or its server is free of errors or viruses, worms or “Trojan horses” and Melissa Timperley is not liable for any damage you may suffer as a result of such destructive features. Melissa Timperley shall not be held responsible for Content provided by third parties. Melissa Timperley is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website. These Terms do not affect your statutory rights or your legal rights as a consumer.
Limitation of Liability
You acknowledge that your use of the website, including the Content is at your own risk. If you are dissatisfied with the website, the Terms or any or the Content your sole remedy is to discontinue use of the website. Save in respect of fraud and of personal injury or death to the extent it results from Melissa Timperley’s negligence, in no event will Melissa Timperley be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Melissa Timperley has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
Local Laws and Regulations
The website is not directed at any person in any jurisdiction where for any reason the publication or availability of the website is prohibited. Those in respect of whom such prohibitions apply must not access the website. Melissa Timperley does not represent that either the website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
Indemnity
You agree to indemnify, defend, and hold harmless each of Melissa Timperley, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Melissa Timperley, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Melissa Timperley, its employees, representatives, suppliers, or agents is based on or arises in connection with: your use of the website; any breach by you of the Terms; a claim that any use of the website by you infringes any intellectual property rights of any third party, or any right of personality or publicity, or is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorised use of, the website by you; or any misrepresentation or breach of representation or warranty made by you contained herein. References in this section of the Terms to your use of the website shall be deemed to include any use by a third party where such a third party accesses the website using your computer. You agree to pay Melissa Timperley, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
Waiver
No waiver by Melissa Timperley of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Melissa Timperley of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Governing Law and Jurisdiction
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.