Logo, David Cowper Painter

Terms

Terms of Service

  1. Your relationship with davidcowper.com

    1. Your use of the David Cowper website (the "Website") and any David Cowper products, channels, software, data feeds and services, provided to you on or from or through the Website by David Cowper (collectively the "Service") is subject to the terms of a legal agreement between you and David Cowper (davidcowper.com). "davidcowper.com" means David Cowper, whose principal place of business is at ###, Devon, England, United Kingdom.
    2. Your legal agreement with davidcowper.com is made up of (A) the terms and conditions set out in this document, (B) davidcowper.com's Privacy Policy (http://test.davidcowper.com/index.php?mid=4&name=Terms under the heading 'Privacy Policy') (collectively called the "Terms").
    3. The Terms form a legally binding agreement between you and davidcowper.com in relation to your use of the Service. It is important that you take the time to read them carefully.
    4. The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
  2. Accepting the Terms

    1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
    2. You can accept the Terms by simply using the Service. You understand and agree that davidcowper.com will treat your use of the Service as acceptance of the Terms from that point onwards.
    3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with davidcowper.com, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
    4. You should print off or save a local copy of the Terms for your records.
  3. Changes to the Terms

    1. davidcowper.com reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://test.davidcowper.com/index.php?mid=4&name=Terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
  4. General restrictions on use

    1. davidcowper.com hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
      1. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without davidcowper.com's prior written authorisation, unless davidcowper.com makes available the means for such distribution through functionality offered by the Service;
      2. you agree not to alter or modify any part of the Website or any of the Service and its related technologies;
      3. you agree not to access Content through any technology or means other than the pages of the Website itself or such other means as davidcowper.com may explicitly designate for this purpose;
      4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
      5. you agree not to use the Service for any of the following commercial uses unless you obtain davidcowper.com's prior written approval:
        1. the sale of access to the Service
        2. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
        3. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from davidcowper.com appears on the same page and is of sufficient value to be the basis for such sales
      6. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the davidcowper.com servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
      7. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include davidcowper.com account names);
      8. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
      9. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service.
      10. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of davidcowper.com or the respective licensors of the Content.
    2. You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
    3. davidcowper.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. davidcowper.com reserves the right to revoke these exceptions either generally or in specific cases.
    4. davidcowper.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which davidcowper.com provides may change from time to time without prior notice to you.
    5. As part of this continuing innovation, you acknowledge and agree that davidcowper.com may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at davidcowper.com's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform davidcowper.com when you stop using the Service.
    6. You agree that you are solely responsible for (and that davidcowper.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which davidcowper.com may suffer) of any such breach.
  5. davidcowper.com content on the Website

    1. All other Content on the Service is either owned by or licensed to davidcowper.com, and is subject to copyright, trade mark rights, and other intellectual property rights of davidcowper.com or davidcowper.com's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of davidcowper.com or, where applicable, davidcowper.com's licensors. davidcowper.com and its licensors reserve all rights not expressly granted in and to their Content.
  6. Links from davidcowper.com

    1. The Service may include hyperlinks to other web sites that are not owned or controlled by davidcowper.com. davidcowper.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
    2. You acknowledge and agree that davidcowper.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that davidcowper.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
    4. davidcowper.com encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  7. Ending your relationship with davidcowper.com

    1. The Terms will continue to apply until terminated by either you or davidcowper.com as set out below. davidcowper.com may at any time terminate its legal agreement with you if:
      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
      2. davidcowper.com is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
      3. davidcowper.com is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
      4. the provision of the Service to you by davidcowper.com is, in davidcowper.com's opinion, no longer commercially viable
  8. Exclusion of Warranties

    1. Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
    2. The Service is provided "as is" and davidcowper.com makes no warranty or representation to you with respect to them.
    3. In particular davidcowper.com does not represent or warrant to you that:
      1. your use of the Service will meet your requirements,
      2. your use of the Service will be uninterrupted, timely, secure or free from error,
      3. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
      4. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
    4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
  9. Limitation of Liability

    1. Nothing in these Terms shall exclude or limit davidcowper.com's liability for losses which may not be lawfully excluded or limited by applicable law.
    2. Subject to the overall provision in paragraph 9.1 above davidcowper.com shall not be liable to you for:
      1. any indirect or consequential losses which may be incurred by you. This shall include;
        1. any loss of profit (whether incurred directly or indirectly);
        2. any loss of goodwill or business reputation;
        3. any loss of opportunity; or
        4. any loss of data suffered by you;
      2. any loss or damage which may be incurred by you as a result of:
        1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
        2. any changes which davidcowper.com may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
        3. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
        4. 4.your failure to provide davidcowper.com with accurate information;
    3. The limitations on davidcowper.com's liability to you in paragraph 13.2 above shall apply whether or not davidcowper.com has been advised of or should have been aware of the possibility of any such losses arising.
  10. General legal terms

    1. The Terms constitute the whole legal agreement between you and davidcowper.com and govern your use of the Service.
    2. You agree that davidcowper.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
    3. You agree that if davidcowper.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which davidcowper.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of davidcowper.com's rights and that those rights or remedies will still be available to davidcowper.com.
    4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 14.5 You acknowledge and agree that each member of the group of companies of which davidcowper.com is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
    5. The Terms, and your relationship with davidcowper.com under the Terms, shall be governed by English law. You and davidcowper.com agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that davidcowper.com shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

© David Cowper 2009 - 2017 W3C Validate Website Created by BLK-CAT