Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the Northumbria Design Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Northumbria Design, acceptance is expressly limited to these terms.
Our basic service is free to members. However we may offer some paid upgrades for advanced features in the future.
Our service is designed to give Website members as much control and ownership over their content as possible and to encourage users/members to publish design projects freely. However, each member must be responsible for the content uploaded to the siteIn particular, as a member you must make certain that none of the prohibited items listed below appear on this site or get linked to from this site (things like spam, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the Northumbria Design are considered proprietary intellectual property. It is recognised that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognised as a violation of this agreement and expressly prohibited.
All services on the site are the property of Northumbria Design. Com. The Northumbria Design web site service is provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall Northumbria Design. Com(or any business or individual associated with Northumbria Design.Com) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our web site service.
Your Northumbria Design Account and Site.
If you create an account with Northumbria Design.Com, you are responsible for maintaining the security of your account and data published on the site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Northumbria Design. Com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Northumbria Design.Com to be positioned for possible liability. You must immediately notify Northumbria Design. Com of any unauthorised uses of your account or any other breaches of security. Northumbria Design.Com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a video file, audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
• your uploaded content is not named in a manner that misleads viewers into thinking that you are another person or company.
By submitting Content to Northumbria Design Com for inclusion on the Website, you grant Northumbria Design.Com a world-wide, royalty-free, and non-exclusive license to reproduce, and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete an individual project the content will no longer be visible to members and visitors to the site, however the content will remain in cloud data storage. If a member terminates their account all data is removed from the site and cloud storage.
Without limiting any of those representations or warranties, Northumbria Design. Com has the right (though not the obligation) to, in Northumbria Design.Com sole discretion
- refuse or remove any content that, in Northumbria Design. Com reasonable opinion, violates any Northumbria Design,Com policy or is in any way harmful, unlawful or objectionable, or
- terminate or deny access to and use of the Website to any individual or entity for any reason, in Northumbria Design.Com sole discretion. .
Fees and Payment.
Optional premium paid services may be available on the Website in the future. By selecting a premium service you agree to pay Northumbria Design the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors.
Northumbria Design,Com has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Northumbria Design.Com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Northumbria Design.Com. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Northumbria Design.,Com. Northumbria Design.Com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, made available through Websites and WebPages to which Northumbria Design links, and that link to Northumbria Design.Com. Northumbria Design.Com does not have any control over those non-Northumbria Design Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Northumbria Design Website or webpage, Northumbria Design does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Northumbria Design disclaims any responsibility for any harm resulting from your use of non-Northumbria Design Websites and WebPages.
Copyright Infringement and DMCA Policy.
As Northumbria Design asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Northumbria Design violates your copyright, you are encouraged to notify Northumbria Design. Northumbria Design will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Northumbria Design or others, Northumbria Design may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Northumbria Design will have no obligation to provide a refund of any amounts previously paid to Northumbria Design for premium services.
This Agreement does not transfer from Northumbria Design to you any Northumbria Design or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Northumbria Design. Northumbria Design, the Northumbria Design domain, the Northumbria Design logo, and all other trademarks, service marks, graphics and logos used in connection with Northumbria Design, or the Website are trademarks or registered trademarks of Northumbria Design.Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Northumbria Design or third-party trademarks.
Northumbria Design reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Northumbria Design may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Northumbria Design may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Northumbria Design account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Northumbria Design if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Northumbria Design’s notice to you thereof; provided that, Northumbria Design can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on Northumbria Design’s Website are provided ‘as is’. Northumbria Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Northumbria Design does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Northumbria Design, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed any fees paid by you to Northumbria Design under this agreement during the twelve (12) month period prior to the cause of action. Northumbria Design shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Northumbria Design, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the United Kingdom.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
Northumbria Design owns and operates this website. We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:
• Your personal information is not required to visit http://www.northumbriadesign.com
• Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on http://www.northumbriadesign.com and during the ordering process
• Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
• Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
• System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
• Your information is maintained on a secure web server in what we believe to be a well protected environment.
• Northumbria Design only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
• Northumbria Design makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.
http://www.northumbriadesign.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, Northumbria Design, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our users information, not just the sensitive information mentioned above, is restricted in our offices.. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on http://www.northumbriadesign.com, feel free to contact the site administrator.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor’s personally identifiable information changes (such as post code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting the site administrator..
Notification of Changes
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.