Terms
Website Terms and Condition of use
We are: Zebralens Ltd, One Dock Road is a service from Business Hub Ltd
Our address is: Waterfront Studios Unit F44C 1 Dock Road London E16 1AG
Company Registration: 3588586
Telephone: +44 (0)2075112333
You are: a user of our services.
The terms and conditions
1 Definitions
"Content" means the information, photographs, graphics, and other material on the Web Site.
"Installation" means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
"Services" means all or any service provided by us through the Web Site.
"Web Site" means our web sites, and includes all web pages controlled by us.
"User" means any person other than you who uses the Services or visits the Web Site for any purpose.
"we", "us", etc means us. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
"you" "yours" etc,means you, the party to this agreement.
"Additional Charges" means any charges payable to the Company for services not included in the Specified Service, details of which can be found on our website through http://www.Artseens.com and which are payable in accordance with Clause 3 and which may vary from time to time;
"Agreement" means any contract for the provision of Services us to you which incorporates these Conditions;
"Amendment Notice" means any notice of variations to the Charges in respect of the Services as may be issued from time to time:
"Charges" means the charges payable by you for the provision of the Services details of which can be found on the Company's Website through http://www.Artseens.com which may vary from time to time;
"Credit/Debit Card" means any credit card or debit card issued by financial institutions which is acceptable to us and include but are not limited to Master Card, American Express, Switch Card, Delta Card and Visa Card.
2 Our contract
These terms and conditions regulate the business relationship between you and us. By buying our services or using our royalty free photos with charge, you agree to be bound by them.
3 Changes to terms
We may change these terms from time to time. The terms that apply to you are those posted here on our web site on the day you order Goods / Services. It may be useful to print a copy now.
4 Price and Payment
4.1 The price charged for any service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
4.2 Prices are exclusive of any applicable value added tax or other sales tax.
4.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.4 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
4.5 You will pay all sums due to us under this Agreement by the means specified without any set-off, deduction or counterclaim.
4.6 All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
4.7 Payment of the Charges can only be made by a valid Credit/Debit Card and you shall provide details of the same when you make an Order for our Services.
4.8 If the Charges are not paid in accordance with our invoice, we shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount (both before and after judgement) at the rate of 6% above the base rate from time of HSBC Bank, London from and including the due date but excluding the date the outstanding amount is paid in full.
4.9 You acknowledge that invoices relating to domain name registrations, shipping & handling of letters, photographs, mail forwarding, virtual office services are non-refundable.
4.10 Your account that is not settled by 20 days after due date will be passed to a debt recovery agency and will incur an administration fee of £35.00.
4.11 When you withdraw payments via bank or credit card (referred to as "chargeback") in a way we believe is unfair shall incur a punitive fine of £20. The same punitive fine will be incurred if payments made are then rejected by our bank.
5 PRICE PROMISE/MONEY BACK GUARANTEE DURATION:
5.1 Price promise and/or Money Back Guarantee claims must be received within 30 days from the initial date of registration.
5.2 The 30 Day Money Back Guarantee is exclusive of any additional costs incurred for mail forwarding shipping & handling.
6 Acceptable use Policy
You agree to comply with these provisions:
6.1 You will not use or allow anyone else to use the sevices, who is not our client:
6.1.1 copyright works;
6.1.2 commercial images or photographs;
6.1.3 any material which violates the law of any established jurisdiction;
6.1.4 unlicensed photographs;
6.1.5 mailing sevices, which assists in or promotes: emulators, freaking, hacking,
password cracking, our website;
6.1.6 links to any of the material specified in this paragraph;
6.1.7 pornographic material;
6.1.8 any material promoting discrimination or animosity to any person on grounds
of gender, race or colour.
6.2 You will not use the posting Services:
6.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited
posting which provoke complaints from recipients;
6.2.2 The sending of junk mails;
6.2.3 The use of distribution lists that include people who have not given specific
permission to be included in such distribution process;
6.2.4 Excessive and repeated posting off-topic messages to newsgroups;
6.2.5 Excessive and repeated cross-posting;
6.2.6 Mail harassment of another person or company, including but not limited
to, transmitting any threatening, libelous or obscene material, or material
of any nature which could be deemed to be offensive;
6.2.7 The mailing of age inappropriate communications or content to anyone under
the age of 18.
6.3 You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted posting protocol. You will not attempt to interfere in any way with our postin network or network security, or attempt to use the Services to gain unauthorized access to any bank loans.
6.4 You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.
6.5 You agree not to transfer your mail address for gain or otherwise. Transfer of such mail address will result in immediate termination of your membership and your contract.
6.6 You agree not to assign, transfer, or authorise any other person to use, your subscription. If you try to do so, we have the right to terminate your subscription.
6.7 Our Proprietary Rights/Software Licenses
You acknowledge and hereby agrees that the Service and any photos and website
designs used in connection with the Service (the "Zebralens") contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content contained
in sponsor advertisements or information presented to you through the Service,
advertisers and/or Discussion Boards is protected by applicable copyrights,
trademarks, service marks, patents and other proprietary rights and laws.
6.8 We provide you with a non-exclusive, non-transferable, limited license to use the Services, which you agree to use in accordance with this Agreement. You may not sub-license or charge others to use or access the Zebralens without first obtaining written permission or a written agreement from us. The Zebralens is owned by us and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Zebralens, its structure, sequence and organization and source code are considered trade secrets of Zebralens Ltd and its suppliers and are protected by copyright law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE ZEBRALENS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, ZEBRALENS OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY ZEBRALENS PROVIDED HEREUNDER.
6.8 Virtual Office and Mail Forwarding Service
The service will send mail out on Wednesdays and Fridays only. The mail can
be collected by on Wednesdays and Fridays by appointment only.
6.9 Room Bookings
Room booking cancellations can only be accepted more than 24 hours in advance.
7 Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
8 System Security we will issue internet user name and password to you, so you
see update of the account.
8.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Zebralens ltd;
8.2 You agree that you will, in no way, modify, reverse our online data, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, and data used on the Web Site, and that you will not permit any other person to do so.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8.4 Examples of violations are:
8.4.1 accessing data unlawfully or without consent;
8.4.2 attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures;
8.4.3 attempting to interfere with service to any user.
8.4.4 taking any action in order to obtain services to which you are not entitled.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may post into the Services any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all such rights.
9.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9.5 You represent that any user name or mail address selected by you, when used alone or combined with a second or third, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or mail address, and you will indemnify us for any claim or demand that arises out of your selection. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address. If as a result of such action, you lose an mail address, your sole remedy shall be the receipt of a replacement.
10 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
11 Interruption to the Service
11.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
11.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
11.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
12 Our liability
12.1 Your use of the Services is without any warranty or guarantee.
12.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
12.3 We or our content suppliers may make improvements or changes to the Web Site, the content, or to any of the products and services described on the Web Site, at any time and without notice to you.
12.4 You are advised that content may include technical inaccuracies or typographical errors.
12.5 We give no warranty and make no representation, express or implied, as to:
13 Storage of online Data
13.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages.
13.2 We may, from time to time and without notice, set limit(s) on the number of messages a User may receive, store, or receive through the service, and we retains the right to remove any mails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
14 Modification
We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
15 Merchant Account/Payment Processor for the our Storefront
15.1 We have chosen Paypal, to provide merchant account and payment gateway services which will enable you to process credit card transactions at your Website. Merchant Accounts are provided to you under this Agreement as well as the Merchant Credit Card Services Agreement provided by Paypal. In order to establish a payment gateway and the necessary merchant account for you to process credit cards, you must agree to Paypal's terms and conditions. You understand that by accepting Paypal's terms and conditions, you are creating a separate contractual relationship between you and Paypal and that you, and not us, are responsible for all liability, and obligations in connection with that relationship. We are not responsible for the actions or inaction of Paypal or the unavailability or malfunction of their network or services. We are not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and Paypal ("Paypal Dispute"). In the event of a Paypal Dispute, you hereby release us (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
17 Standard imges and Photos
17.1 As part of the Service, we provides you with standard and high res photos to incorporate into your usages. These images and photographs supplied by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries. In the event of a Dispute, you hereby release us (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
18 Termination
18.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notices to us by post or email, or by completing the form on the Web Site and submitting it. We reserve the right to check the validity of any request to terminate membership
18.2 We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
18.3 If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
18.4 Termination by either party shall have the following effects:
18.4.1 your right to use the Services immediately ceases;
18.4.2 we are under no obligation to forward any unread or unsent messages to
you or any third party;
18.5 In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, excluding domain name registrations, pro rata with time not elapsed;
18.6 There shall be no reimbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
18.7 We reserve the right to terminate your website/email address in the event that our right to use certain domain names or email addresses terminate or expire.
18.8 We retains the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
19 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20 Action Limit
You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
21 No duty to monitor
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
22 Force majeure
22.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities and strikes of its own employees.
22.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
22.3 If a default due to force majeure shall continue for more than [nn] weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
23 No Waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
24 Relationship of parties
Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.
25 Dispute Resolution
In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
26 Jurisdiction
This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.