Web Design - Graphic Design - Multimedia

Legal Documentation

Lush New Media Terms & Conditions

These are the terms and conditions of Lush New Media:

1. Use of Website on these Conditions

All use of the website www.lushnewmedia.com (the 'Website') is on the terms and conditions below. If you do not agree to these conditions cease use of the Website immediately. You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the website.

2. Accuracy of Information and Disclaimer

Lush New Media ('we') do our best to ensure all information on the Website is accurate. If you find any inaccurate information on the Website let us know and we will correct it, where we agree, as soon as practicable. You should ensure information you send to us is accurate and does not breach anyone else's rights such as copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal. Remember that the Website can be viewed around the world and the information you send to us will be published on the Website. You should independently verify any information before relying upon it. We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. This Website gives a large amount of statistical data and there will inevitably be errors in it. Although we hope this Website will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law. Any views expressed in messages on the Website are not necessarily those of Lush New Media or anyone connected with it.

3. Copyright and Postings on the Website

You must make sure you own all the intellectual property rights, including copyright and database right, in Postings/message which you send to us to publish on the Website ('Postings'). If in doubt provide a link, not a copy. Make sure there is no legal obligation, contract or other restriction which would prevent your making the Postings. Anonymous Postings are not accepted. You should retain copies of all Postings and other postings and information you send to us electronically, through the Website or otherwise. You waive your moral rights to be identified as author of the Posting and let us modify the Posting. It may, for example, be necessary to shorten Postings or cut them to fit the Website. If there are any restrictions as to the use to which we can put the Postings we must be told in advance and we may have to reject it. We reserve the right to reject any Postings at our discretion. All Postings received will be assumed to be for publication on the Website and any further use, at its discretion, of Lush New Media on an exclusive, royalty free, perpetual basis. The Website contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Website are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms. See the Intellectual Property Notice below. You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. Lush New Media and our logos on this Website are trade names and devices of Lush New Media. You may not use those names without our consent. We provide hypertext links to other sites that are operated by other people. Using such a link means you are leaving our Website and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.

4. Our Liability

We provide most information on this Website free of any access charge. Where not charged for the information provided on the Website is provided on the basis of no liability for the information given. Where we provide a chargeable service to you we accept liability for direct loss arising from our not having used reasonable skill and care in the provision of such services up to the price you have paid us in any year, in the year of claim. In no event shall we be liable to you for, in the case of non-chargeable services any direct, and for both chargeable and non-chargeable services any indirect or consequential loss, loss of profit, revenue or good will arising from your use of the Website or information on the Website. Subject as provided below, all terms implied by law are excluded. We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded. We are a distributor (and not a publisher) of content supplied by third parties and users of the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions. You should take your own advice. If you make an arrangement with anyone named or connection with the Website this is at your sole risk.

Warning

Where the information on the Website consists of pricing or performance data, the data has been obtained from company reports, periodicals, and similar sources which we believe to be reliable. However we do not guarantee data computations.

5. Barring from the Website

We reserve the right to bar users from the Website, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Website under any other name or through any other user.

6. Legal Jurisdiction and Dispute Resolution

English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England. We make no warranty or guarantee that the Website or information available over it complies with laws other than those of England.

7. General

Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. We may amend these Terms at any time by posting a variation on the Website.

Disclaimer and Warning Notice

Although Lush New Media hope our website will be of interest to users of the products/services that it offers, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.

All use of the Lush New Media website is subject to English law and jurisdiction and is subject to our Website Terms and Conditions of Use.

Users of the Lush New Media website should use their own judgement and obtain their own professional advice where required.

Intellectual Property Notice

Trade Marks

The trade marks, trade names, logos and devices (the Trade Marks) used and displayed on the Lush New Media website are unregistered trade marks of Lush New Media. The Trade Marks may not be used in any manner whatsoever, including but not limited to advertising or other publicity in relation to, without limitation, products or the distribution of any information or materials obtained from the Lush New Media website without the prior written consent of the Trade Mark owner.

Lush New Media (including the logos and devices thereof) are the trade names and brands of Lush New Media in the United Kingdom.

Copyright

• The material on the Lush New Media website is protected by copyright and/or database right throughout the world and unless otherwise stated is owned by Lush New Media or its licensors.
• The material does not constitute design, multimedia or other professional advice, nor is it intended to be comprehensive. At best the material may only provide a summary and/or review of aspects of the subject matter published.
• You may read, print and download material from the Lush New Media website for private non-commercial use, or for the purposes of purchasing the services on offer. This permission does not extend to that material which is protected by copyright belonging to a third party.
• You may not commercialise or otherwise copy (in the course of business) the material without Lush New Media's permission.
• Distribution and reselling the material is strictly prohibited.
• Lush New Media does not accept any responsibility for any material provided by way of hypertext link whether to or from the Lush New Media website. Such links are provided as is with no warranty (whether express or implied) for the information provided within such links. See also the Lush New Media Disclaimer and Warning and Privacy Policy.
• In any event use of the Lush New Media website is subject to Lush New Media's Website Terms and Conditions of Use.