Refund Policy
Thank you for your purchase of our digital products. Please
read our refund policy and terms of sale carefully to understand the conditions
regarding refunds for eBooks, digital downloads, and online video classroom
tutorials.
AGREEMENT TO OUR LEGAL TERMS
We are Rob Ballentine Art. ('Company', 'we', 'us', or
'our'), a company registered inthe United Kingdom at
Munnings Dr, College Town,
Sandhurst
GU47, UK,
England
We operate the website https://www.robballentine.com https://pastelbooks.com
(the'Site'), as well as any other related products and services that refer or
link to these legal terms (the'Legal Terms') (collectively, the'Services').
We provide a platform for users to qualify their leads using
automated software AI and book appointments.
You can contact us by phone at
(+44)7460 101675, email [email protected],
or by mail to
Munnings Dr, College Town,
Sandhurst GU47, UK,
United Kingdom.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ('you'), and
Rob Ballentine Art, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms from time to time. We will alert
you about any changes by updating the 'Last updated' date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed
of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms are
posted.
The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for
the Services.
We recommend that you print a copy of these Legal Terms for
your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
6.b DIGITAL REFUNDS
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. GUIDELINES FOR REVIEWS
11. SOCIAL MEDIA
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. COPYRIGHT INFRINGEMENTS
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. SMS TEXT MESSAGING
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the 'Content'), as well as the
trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the 'PROHIBITED ACTIVITIES'
section below, we grant you a non-exclusive, non-transferable, revocable licence
to: access the Services; and download or print a copy of any portion of the
Content to which you have properly gained access. solely for your internal
business or personal purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to:
[email protected]. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES'
section carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ('Submissions'), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions:
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited
to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
('Contributions'). Any Submission that is publicly posted shall also be treated
as a Contribution.
You understand that Contributions may be viewable by other
users of the Services
and possibly through third-party websites.
When you post Contributions, you grant us a licence (including
use of your name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicence the licences granted in this
section. Our use and distribution may occur in any media formats and through
any media channels.
This licence includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions through any part of the
Services
or making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you: confirm
that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not
post, send, publish, upload, or transmit through the Services any Submission nor
post any Contribution that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading; to the extent
permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution; warrant that any such Submission and/or
Contributions are original to you or that you have the necessary rights and licences
to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in
relation to your Submissions and/or Contributions; and warrant and represent
that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or
Contributions
and you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content:
Although we have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to the 'COPYRIGHT
INFRINGEMENTS' section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in which you reside; (5) you will
not access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised
purpose; and (7) your use of the Services will not violate any applicable law
or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Mastercard
Visa
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in GBP.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing, even
if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew
unless cancelled. You consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order.
The length of your billing cycle is monthly.
Free Trial
We may at time offer a 7-day free trial to new users who
register with the Services.
The account will be charged according to the user's chosen subscription at the
end of the free trial.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, make changes to the subscription
fee and will communicate any price changes to you in accordance with applicable
law.
6.a DIGITAL REFUND ELIGIBILITY
7-Day Refund Window: You have 7 days from the date of
purchase to request a refund. After this period, no refunds will be issued,
regardless of how the product was purchased or accessed. We will however
consider refunds if you have not logged in to your account within the refund
window. These are treated on a case by case basis. Technical Assistance: During
this 7-day period, we will make every effort to assist you with any technical
issues you may experience. If we are unable to resolve the problem, a full
refund will be issued. Product Fit: If you believe the product is not the right
fit for your needs, you may request a refund within the 7-day window. We
encourage you to provide feedback so we can better understand your concerns.
First Product Only: The refund policy applies exclusively to the first product
purchased The 4 Book Bundle. Any additional products offered at the time of
purchase, such as optional add-ons or supplementary items, are not eligible for
refunds.
Refund Exclusions
Refund requests made after the 7-day period will not be
considered. Refunds will not be granted for dissatisfaction outside of the 7-day
refund window.
All further purchases after the 4 Book Bundle are not
included in the Refund Policy as stated in our Guarantee.
Licensing and Ownership
Right of Use: By purchasing our digital products, you are
granted a non-transferable, non-exclusive license to use the content for
personal purposes. You do not own the products; ownership remains with us. Prohibited
Actions: You may not redistribute, resell, share, or otherwise misuse the
products in any way that violates copyright laws or the terms of this
agreement.
Rob Ballentine Art will refund "The Client" after
the 5th day and no more than 14 days of this contractual agreement if Rob
Ballentine Art has not delivered the products as stated in this agreement. Any
disputes made by the client during and after this time will be deemed in dispute
, and Rob Ballentine Art will use this agreement as evidence against the
dispute. Indemnity: We are not responsible for any misuse or abuse of the
products. By purchasing and using our digital products, you agree to indemnify
and hold us harmless from any claims, damages, or losses arising from improper
use. Unauthorized Access: You are responsible for maintaining the security of
your login credentials and any access to the products. We are not liable for
any unauthorized access to your account or downloaded content.
Changes to the Refund Policy and Terms
We reserve the right to update or modify this refund policy
and terms of sale at any time. Any changes will be effective immediately upon
posting to our website or other communication channels.
By purchasing our digital products, you acknowledge and
agree to the terms outlined in this refund policy and sales agreement. If you
have any questions or need assistance, please contact our support team at
[email protected].
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services.
Use any information obtained from the Services in order to
harass, abuse, or harm another person.
Make improper use of our support services or submit false
reports of abuse or misconduct.
Use the Services in a manner inconsistent with any
applicable laws or regulations.
Engage in unauthorised framing of or linking to the
Services.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from
any Content.
Attempt to impersonate another user or person or use the
username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as 'spyware' or 'passive collection mechanisms'
or 'pcms').
Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Services.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any
unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on
the Services.
Make any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretences.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating endeavour
or commercial enterprise.
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively,
'Contributions'). Contributions may be viewable by other users of the Services
and through third-party websites. As such, any Contributions you transmit may
be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
You are the creator and owner of or have the necessary licences,
rights, consents, releases, and permissions to use and to authorise us, the
Services, and other users of the Services to use your Contributions in any
manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of
each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by
the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libellous, slanderous, or otherwise objectionable
(as determined by us).
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law,
regulation, or rule.
Your Contributions do not violate the privacy or publicity
rights of any third party.
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services
or making Contributions accessible to the Services by linking your account from
the Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorise sublicences of the
foregoing. The use and distribution may occur in any media formats and
through any media channels.
This licence will apply to any form, media, or technology
now known or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral rights
have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to re-categorise any
Contributions to place them in more appropriate locations on the Services; and
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should
not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organise a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and licence to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link
your account with online accounts you have with third-party service providers
(each such account, a
'Third-Party Account') by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern
your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the
'Social Network Content') so that it is available on and through the Services
via your account, including without limitation any friend lists and (2) we may
submit to and receive from your
Third-Party Account additional information to the extent you are notified when
you link your account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party
Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please
note that if a Third-Party Account or associated service becomes unavailable or
our access to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate
the connection between the Services and your Third-Party Account by contacting
us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site) links to other websites ('Third-Party Websites') as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ('Third-Party Content'). Such Third-Party Websites
and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites
or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or
install from the Services. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us blameless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us blameless from
any losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:
__________. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services
are hosted in
the United Kingdom. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in the United Kingdom, then
through your continued use of the Services, you are transferring your data to the
United Kingdom, and you expressly consent to have your data transferred to and
processed in the United Kingdom.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us using the
contact information provided below (a
'Notification'). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised
that pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your copyright, you
should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
Cancellations must be made within 24 hours of the next
billing period. All cancellations made after the next billing period will
terminate the account prior to the end of the following period.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted following
the laws of
England and Wales, and the use of the United Nations Convention of Contracts
for the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your country
to residence.
Rob Ballentine Art
and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of London, which means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in
England, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us (individually, a 'Party'
and collectively, the 'Parties'), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the
Parties to these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be London, England. The language of
the proceedings shall beEnglish. Applicable rules of substantive law shall be
the law of England.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utiliseclass action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorised
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY
UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE
(1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 499. CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defence of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
26. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from
us, simply reply to the text with "STOP.” You may receive an SMS message
confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any
SMS messages sent or received. The rates are determined by your carrier and the
specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our
SMS communications, please email us at [email protected]
or call at (+44)7460 101675.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties here
to to execute these Legal Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
Rob Ballentine Art
Munnings Dr, College Town,
Sandhurst
GU47, UK
England
Phone: (+44)7460 101675
Copyrights 2024 | RobBallentineArt™ | Terms & Conditions