Terms and Conditions for the use of the website TimLowe.com

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

The term ‘you’
refers to the user or viewer of our website.

“The Company”
Means Waverley Media Ltd and its subsidiary Markiteer Ltd, of Waverley Farm, Waverley Lane, Farnham, GU8 9EP

“Content”
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Web Site”
Means the website that you are currently using (www.timlowe.com) and any sub-domains of these sites unless expressly excluded by their own terms and conditions;

We are not responsible for any limitations to usage of any of the ‘content’ of the ‘web site’ due to your own computer, internet access, or broadband speed.

Intellectual Property

Unless specified, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of www.timlowe.com.

By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Unless given permission you may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Company. Specifically you agree that: you will not use the Content of the Web Site for commercial purposes; you will not use distribute the content of the Web Site in any form whether verbal, electronic printed or other form to any third party; and you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by a representative of The Company.

Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied wherever possible by a notice providing the contact details of The Company and any separate use policy that may be relevant.

You may under no circumstances redistribute in any form whatsoever video, PDF or MP3 or any other content to any third party.

Fair Use of Intellectual Property

Material from the Web Site (except information, Videos, PDF or MP3 files or any other material supplied as part of your subscription) may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.timlowe.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at timlowe@markiteer.com or by post.

Use of Communications Facilities and Content Submission

When using interactive content and / or any other part of the System and when submitting comments, answers or rating to the Web Site you should do so in accordance with the following rules:

you must not use obscene or vulgar language;

you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

you must not submit Content that is intended to promote or incite violence;

it is advised that posts on the support site, emails, message boards, chat facilities or similar and all other communications are made using the English language(s) as we will be unable to respond to enquiries submitted in any other languages;

content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;

you must not post links to other web sites containing any of the above types of Content;

the means by which you identify yourself must not violate these terms of use or any applicable laws;

you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

you must not impersonate other people, particularly employees and representatives of The Web Site

you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System, which then may be subject to moderator approval and potentially removed without notice.

In order to use the Forums/Chat and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use the Web Site you represent and warrant that:

any information you submit is accurate and truthful; and you will keep this information accurate and up-to-date.

By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant

The Company a licence to modify the Content as necessary for its inclusion on the Web Site.

The Company accepts no responsibility or liability for any infringement of third party rights by such Content.

Unless a User informs The Company otherwise, in advance of posting, in writing, and The Company agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as The Company may deem appropriate under a royalty-free, perpetual basis.

The Company will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.

Content submitted by Users may not be screened by The Company prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to timlowe@markiteer.com. This does not constitute an undertaking to explain our actions.

Children

This Website is not for use by children and is not directed to children. This Website is solely for use and access by individuals who are eighteen (18) years or older.

Termination and Suspension

In the event that any of the provisions of the Terms and Conditions above, are not followed, The Company reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User. Any instance of termination or suspension will also apply to any downloadable content provided in the Members Area.

Third Party Products and Services

In the circumstances where you may be able to order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Privacy

Use of the Web Site is also governed by our Privacy Policy here which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

Earnings Disclaimer

Use of the Web Site is also governed by our Earnings Disclaimer Earnings Policy HERE which is incorporated into these Terms and Conditions by this reference. To view the Earnings Disclaimer, please click on the link above.

Disclaimers

The Company makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Whilst every effort has been made to ensure that all descriptions of services available from the programme correspond to the actual services available, The Company is not responsible for any variations from these descriptions.

Availability of the Web Site

Access to any forums, chat or any interactive content is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Company accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Your Password and User Account

If you are a Member or Subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Limitation of Liability

To the maximum extent permitted by law, The Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site, Members Area and its Content (Including forum, chat and other interactive services) entirely at their own risk.

Nothing in these terms and conditions excludes or restricts The Companies liability for death or personal injury resulting from any negligence or fraud on the part of The Company.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall initially be given to either party by email. The Company’s address for all notices is timlowe@markiteer.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Subsequent communication from The Company to you will indicate whether notification by post to our premises is also required.

Law and Jurisdiction

These terms and conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Laws of England and Wales and The Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.