Welcome to www.markwebber.com (the “Website”). These terms of agreement (“Terms”) form a legally binding agreement between you and WMSM Limited (“WMSM Ltd”) relating to your use of the Website and it is important that you take the time to read them carefully. WMSM Limited is a UK company registered under company number 08537034. Our registered office and trading address is c/o- Rookery House, London Road, Aston Clinton, Bucks, HP22 5HG, UK. Using the Website indicates that you have read, understood, accept and agree to comply with the Terms. The Terms apply to all users of the Website, including users who use any service on the website, participate in any competitions and are contributors of photo/video content, information and other materials or services to WMSM Limited. These terms should also be read in conjunction with our privacy policy.
YOUR ATTENTION IN PARTICULAR IS DRAWN TO THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS.
You may not access and use the Website unless you accept and agree to the Terms. You understand and agree that WMSM Ltd will treat your use of the Website as acceptance of the Terms. If you do not accept the Terms, please leave the Website immediately. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with WMSM Ltd, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
WMSM Ltd may, at its discretion, make changes to the Terms from time to time. When these changes are made, WMSM Ltd will make a new copy of the Terms available here. You understand and agree that if you use the Website after the date on which the Terms have changed, WMSM Ltd will treat your use as acceptance of the updated Terms.
Prohibited Uses
You may use the Website only for lawful purposes. You may not use our site:
You also agree:
WMSM Ltd operates a zero-tolerance copyright policy in relation to any materials provided by you that are alleged to infringe the copyright of a third party. As part of WMSM Ltd’s copyright policy, WMSM Ltd will terminate user access to the Website if your use of the Website or any materials provided by you are suspected to or have been determined to infringe copyright.
All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed to WMSM Ltd, and is subject to copyright, trade mark rights, and other intellectual property rights of WMSM Ltd or WMSM Ltd’s licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners. WMSM Ltd reserves all rights in and to this content. The content of the Website may not be downloaded, copied, reproduced, modified, stored, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose in any medium whatsoever without explicit prior written consent of WMSM Ltd and (where consent is given) with a full credit given to WMSM Ltd and (where attributed on the Website) to the author of the content.
Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in these Terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
The views expressed by other users on the Website do not represent our views or values or those of Mark Webber.
You are solely responsible for securing and backing up your content.
When you upload or post content to the Website, you grant the following licences:
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Contributions must not:
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
The Website may include hyperlinks to other websites that are not owned or controlled by WMSM Ltd. WMSM Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. WMSM Ltd encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. You acknowledge and agree that WMSM Ltd is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that WMSM Ltd is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We do not permit hotlinking, inline linking or deep linking or any other means of taking images or other files from the Website and embedding them directly into a third party website in a way that uses our bandwidth.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to make any use of content on our Website other than that set out above, please contact bookmark@markwebber.com
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
When viewing the Website, some information may be stored on your computer. This information will be in the form of a “Cookie” or similar file and may be used by WMSM Ltd to improve the content of a website to better match your interests and preferences. For more information on how we use and how to remove Cookies, please read the terms of our Privacy Policy.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of the Terms has occurred, we may take such action as we reasonably deem appropriate including all or any of the following actions:
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Nothing in the Terms shall affect any statutory rights to which you are always entitled as a consumer and that you cannot contractually agree to alter or waive. However, you acknowledge that the Website is provided “as is” and “as available”. WMSM Ltd makes no warranty or representation, express or implied, to you with respect to the Website to the fullest extent permitted by law. In particular, WMSM Ltd does not represent or warrant to you that: (i) your use of the Website will meet your requirements; (ii) your use of the Website will be uninterrupted, timely, secure or free from error; (iii) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (iv) defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOUR ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.IN NO CIRCUMSTANCES SHALL WMSM LTD OR ITS SUPPLIERS BE LIABLE IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ACCESS ITS CONTENT, EVEN IF WMSM LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WMSM LTD SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
b. any changes which WMSM Ltd may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
c. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website; or
d. your failure to keep any passwords or account details secure and confidential.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WMSM LTD’s LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
The Terms together with the policies referred to herein constitute the whole legal agreement between you and WMSM Ltd and govern your use of the Website and replace any prior agreements between you and WMSM Ltd in relation to the Website. You agree that if WMSM Ltd does not exercise or enforce any legal right or remedy which is contained in the Terms (or which WMSM Ltd has the benefit of under any applicable law) this will not be taken to be a formal waiver of WMSM Ltd’s rights and that those rights or remedies will still be available to WMSM Ltd. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which WMSM Ltd is a party shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them under the Contracts (Rights of Third Parties) Act 1999. Other than this, no other person or company shall be a third party beneficiary of the Terms. The Terms, and your relationship with WMSM Ltd under the Terms, shall be governed by English law. You and WMSM Ltd agree to submit to the non exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that WMSM Ltd shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
