As a visitor to aspectavenue.com, or as an advertiser, affiliate or strategic partner, or user of the website in any other capacity, you agree to the following Terms and Conditions.
1. Acceptance of Terms
1.1. The Aspect Avenue website and services, provided by Aspect Avenue Ltd, owned by Mr Victor Taylor, are subject to the following Terms and Conditions (“TACS”), which may be updated from time to time without notice to you.
1.2. The Aspect Avenue website contains content, images, artwork, written works, photography and other data created and/or owned by Aspect Avenue. You are not permitted to download or use any images, or other material from this website or use such material other than for display on this and the third party websites where such items have been uploaded or published by Aspect Avenue.
2. Description of Services
2.1. Aspect Avenue provides graphic design and web design services.
2.2. Unless explicitly stated otherwise, any new features that augment or enhance the Aspect Avenue website and services, including the release of new services, software tools or resources, shall be subject to the TACS. Aspect Avenue may add, delete or change some or all of the services provided at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of the Aspect Avenue website or any other type of user or associate.
3. Proprietary Rights and Licenses
3.1. You acknowledge and agree that content, including but not limited to artworks, text, software, audio, photographs, graphics, video, page layout and design or other material contained in the Aspect Avenue website and services or information presented through the Aspect Avenue website and services by Aspect Avenue is protected by Aspect Avenue’s copyright or other proprietary rights and laws. You acknowledge and agree that Aspect Avenue can display images and text throughout the Aspect Avenue website and services, including the insertion of sponsor messages into messages distributed on Aspect Avenue mailing lists or other forms of communication.
3.2. Except as expressly authorised by Aspect Avenue, Aspect Avenue content providers, advertisers, associates, or other entity or individual, you agree not to copy, reproduce, republish, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from the Aspect Avenue website and services, in whole or in part.
4. Third Party Merchants, Advertisers and Partners / Roles and Liabilities
4.1. Aspect Avenue is not responsible for examining or evaluating the products or other offerings of any of the third party merchants, advertisers and partners promoted or linked to on this website. Aspect Avenue does not warrant the offerings of any of these businesses or individuals or the content of their websites. Aspect Avenue does not assume any responsibility or liability for the actions, products, and content of all of these or any other third parties. You should carefully review their individual privacy statements and other conditions of use.
4.2. Aspect Avenue is neither the buyer nor the seller of third party’s products or services. Accordingly, the contract formed at the completion of a sale for these third party products or services is solely between buyer and seller. Aspect Avenue is not a party to this contract and does not assume any responsibility arising out of, or in connection with it, nor is Aspect Avenue the third party’s agent. The third party is responsible for the sale of the products/services and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
5. Disclaimer of warranties
5.1. You expressly understand and agree that:
(a) Your use of the Aspect Avenue website and services is at your sole risk. Aspect Avenue products and services are provided on an “as is” and “as available” basis and Aspect Avenue and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Aspect Avenue and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, products, services, software, text, graphics, video, audio and links.
(b) Aspect Avenue makes no warranty that (i) the Aspect Avenue website and services will meet your requirements, (ii) that the Aspect Avenue website and services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Aspect Avenue website and services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Aspect Avenue website will meet your expectations, and (v) any errors in the software or content will be corrected. Further, if your use of the website or the material results in the need for servicing or replacing equipment or data, Aspect Avenue is not responsible for those costs.
(c) Any material downloaded or otherwise obtained through the use of the Aspect Avenue website and services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you through or from the Aspect Avenue website and services shall create any warranty not expressly stated in the TACS.
6.1. You agree to defend, indemnify, and hold harmless Aspect Avenue and its owner from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content, software, services or connection to the Aspect Avenue website and services or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of the Aspect Avenue website and services;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of the Aspect Avenue website and services.
6.2. Aspect Avenue shall provide notice to you promptly of any such claim, action or demand as described in paragraph 6.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
7. Limitation of Liability
7.1. Your use of the Aspect Avenue website and Aspect Avenue’s own products and services is at your own risk. If you are dissatisfied with any of the website’s content or Aspect Avenue’s products and services or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of the Aspect Avenue website and products or services and dealings with Aspect Avenue.
7.2. You expressly understand and agree that Aspect Avenue shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aspect Avenue has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Aspect Avenue website and services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Aspect Avenue website and Aspect Avenue; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Aspect Avenue.
7.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 7 may not apply to you.
7.4. Aspect Avenue Comment facilities, proprietary rights: Upon posting any comments at the Aspect Avenue website, you agree to grant Aspect Avenue and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant Aspect Avenue the right to authorise the downloading and printing in whole or in part of any material that you have posted to the website(s), by end-users for their personal use.
8. Modifications to the TACS or to the Aspect Avenue website and services
Aspect Avenue reserves the right to change the TACS at any time without notice. Aspect Avenue also reserves the right at any time and from time to time to modify or discontinue the Aspect Avenue website or Aspect Avenue services temporarily or permanently, with or without notice to you. You agree that Aspect Avenue shall not be liable to you or any third party for any modification, suspension or discontinuance of the Aspect Avenue website or Aspect Avenue services.
9. Uses and Storage
You acknowledge that Aspect Avenue may establish general practices and limits concerning use of the Aspect Avenue website and services. You agree that Aspect Avenue has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Aspect Avenue website and services. You further acknowledge that Aspect Avenue reserves the right to change these general practices and limits at any time, in Aspect Avenue’s sole discretion, with or without notice.
10.1. You agree that Aspect Avenue, in the sole discretion of Aspect Avenue, may terminate your password, account (or any part thereof) or use of the Aspect Avenue website or services run by Aspect Avenue, and remove and archive or discard any content within the Aspect Avenue website or services run by Aspect Avenue, without limitation, or take your account offline, if Aspect Avenue believes that you have violated or acted inconsistently with the letter or spirit of the TACS, or you have failed to maintain ongoing/recurring payments for any Aspect Avenue service. Aspect Avenue may also, and at any time discontinue providing the Aspect Avenue website, services run by Aspect Avenue, or any parts thereof, with or without notice. You agree that any termination of your access to the Aspect Avenue website or online services run by Aspect Avenue under any provision of these TACS may be effected without prior notice, and acknowledge and agree that Aspect Avenue may immediately deactivate, archive or delete your account and all related information and files in your account, and/or bar any further access to such files or the Aspect Avenue website or online services run by Aspect Avenue. Further, you agree that Aspect Avenue shall not be liable to you or any third-party for any termination of your access to the Aspect Avenue website or online services run by Aspect Avenue.
10.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
11.1. The TACS constitute the entire agreement between you and Aspect Avenue (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use certain services of Aspect Avenue, third-party content, third party services or third-party software.
11.2. Aspect Avenue makes no claims that the content of the Aspect Avenue website is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access Aspect Avenue website from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
11.3. Aspect Avenue is headquartered in England. All legal issues arising from or related to the use of the Aspect Avenue website and services shall be construed in accordance with and determined by the laws of England. By using the Aspect Avenue website and services, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Aspect Avenue website and the Aspect Avenue services and products is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
11.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.