Terms & Conditions

These terms of use (together with the documents referred to in them) explain the terms in which you may make use of our website www.zacdes.com (http://www.zacdes.com/) (our "site", our "website"). Please read them carefully before you use the site, as they will apply to your use of our site. We recommend that you print a copy for future reference. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

YOUR ATTENTION IS IN PARTICULAR DRAWN TO OUR TERMS GOVERNING LIMITATION OF LIABILITY AT PARAGRAPH 8 AND PARAGRAPH 9, AND THE INDEMNITY THAT YOU GIVE US AT PARAGRAPH 5.4.

1. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site: our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant all data provided by you is accurate; our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy; our Cookie Policy, which sets out information about the cookies on our site.

2. INFORMATION ABOUT US

The site is operated by ZAC DES Limited. We are registered at 535 The Plaza, Kings Road SW10 0SZ.

3. ACCESSING AND USING OUR SITE

3.1. Our site is available free of charge, although we reserve the right to introduce charges for certain features or services.

3.2. Access to our site is permitted on a temporary basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the service we provide without notice. From time to time, we may restrict access to part, or all, of our site, to all users and, if the need arises, we may close the site indefinitely. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

3.3. You are responsible for making all arrangements necessary for site access. You are also responsible for ensuring that all persons who access our site are aware of these terms and that they comply with them.

3.4. If you wish to submit content to our site you must in addition register (see paragraph 4 below) and comply with the content standards set out in our Acceptable Use Policy.

3.5. Our site is provided for private and non-commercial use only. You agree not to use our site for any public, business or commercial purposes.

4. REGISTERING WITH OUR SITE

4.1. "User Content" means all content which users of our site submit for publication either directly or indirectly via a third-party social media platform (including but not limited to posts, photographs and other artworks).

4.2. From time to time, we may provide features on our site that allow you to submit User Content for publication directly to our site. If you wish to submit User Content to our site directly, you will first need to register with our site using a link, which will be provided on the homepage.

4.3. When you register, you confirm that you accept these terms of use and agree to our privacy policy.

4.4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.5. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@zacdes.com.

6. SUBMITTING CONTENT TO OUR SITE

6.1. Whenever you make use of a feature that allows you to submit User Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

6.2. All User Content must be your own original work.

6.3. By submitting User Content for publication on our website you:

6.3.1. confirm that you accept these terms of use and agree to our Privacy Policy;

6.3.2. warrant that any User Content complies with the content standards set out in our Acceptable Use Policy; and

6.3.3. agree that you will be liable to us and indemnify us for any breach of the warranty in paragraph above in accordance with our Acceptable Use Policy. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.4. Any User Content submitted to our site will be considered non-confidential.

6.5. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes an infringement of their intellectual property rights, or of their right to privacy.

6.6. The views expressed by users of our site do not represent our views or values. We have the right to promptly remove, or disable access to, or refuse to upload, any content, which we deem to be, or which is notified to us as being, potentially defamatory of any person, unlawful, in violation of any third party rights or in contravention of these terms of use and/or our Acceptable Use Policy.

6.7. Please also refer to the paragraph dealing with Copyright below.

7. NOTICE AND TAKE DOWN POLICY

If you wish to complain about any User Content posted on our site by a third party, or any other content on our site, please contact us at hello@zacdes.com. Please precisely identify the User Content or other content about which you are notifying us, including the page of the site on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright. We will review the material and decide whether it complies with the content standards contained in our Acceptable Use Policy. We will deal appropriately with any User Content or other content, which, in our opinion, violates those content standards. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.

8. COPYRIGHT

8.1. By submitting User Content to the website, you agree to grant us a non-exclusive licence to use that User Content. Although you will still own the copyright in your User Content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your User Content on the website. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your User Content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

8.2. Please also note that, in accordance with the content standards set out in our Acceptable Use Policy, you must ensure that your User Content does not infringe any copyright, database right, trade mark or Intellectual Property of any other person. By submitting your User Content to the website, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.

8.3. If you are not in a position to grant such a licence to us, please do not submit the User Content to the website.

9. OUR INTELLECTUAL PROPERTY

9.1. In this paragraph, "Intellectual Property" means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

9.2. We are the owner or the licensee of all rights in and to the Intellectual Property in our site. This site and its content are protected by copyright laws and treaties around the world. All such rights are reserved.

9.3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.

9.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

9.6. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.7. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. DISCLAIMERS

10.1. All content on our website is provided for general information only and we ask you to be aware that we do not routinely vet, check or review any third-party material prior to publication on the site (including but not limited to User Content). The content on our site 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 our site.

10.2. Although we aim to update our site regularly, we are under no obligation to do so and any of the material on our site may be out of date at any given time.

11. LIMITATION OF OUR LIABILITY TO YOU

11.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

11.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

11.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user arising under or in connection with the use of, or inability to use, our site or the use of, or reliance on, any content displayed on our site, including, without limitation any liability for:

11.1.2.1. loss of income or revenue;

11.1.2.2. loss of business;

11.1.2.3. loss of profits or contracts;

11.1.2.4. loss of anticipated savings;

11.1.2.5. loss of data;

11.1.2.6. loss of goodwill;

11.1.2.7. wasted management or office time; and

11.1.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

11.2. User Content is not generally moderated, although we reserve the right to moderate it. We will not be responsible as author, editor or publisher of any User Content and we expressly exclude liability for any loss or damage arising from the use of our site by any person in contravention of these terms of use. Neither will we be responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you or any other user of our site.

11.3. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.

11.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

11.5. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

12.1. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you agree to ensure that any data you provide to us (such as the contact details you provide on registration) is true and accurate.

13. VIRUSES, HACKING AND OTHER OFFENCES

13.1. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus-protection software.

13.2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

13.3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14. LINKING TO OUR SITE

14.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

15. JURISDICTION AND APPLICABLE LAW

15.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

15.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARK ZAC DES is the trade marks of ZAC DES or its licensees.

VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Thank you for visiting our site.

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© 2020 By Zac Des Brand.