1. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
1.1 These terms of use (Terms) apply to our Website. By using our Website, you accept these Terms and you agree to comply with them. Whichever way you access our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website.
1.2 We may amend these Terms from time to time. Please read these Terms and check back often to ensure you understand the Terms that apply at that time. If you do not agree to any change to the Terms then you must immediately stop using our Website. The date on which these Terms were last updated is published at the end of this page.
2. OTHER TERMS THAT MAY APPLY TO YOU
2.1 Please also see our Privacy Policy, which sets out details of how we will process your personal information.
2.2 If you purchase products from our Website, our Terms and Conditions of Sale will apply.
3. CHANGES TO OUR WEBSITE, SUSPENSION OR WITHDRAWAL
3.1 We may update and change our Website from time to time to reflect changes to our users’ needs and our business priorities.
3.2 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
4. REGISTRATION & ACCOUNT DETAILS
4.1 There are areas of the Website that may require registration and creating an account with us. Registration involves providing a username, password and other information as part of our security procedures. You agree to keep your password secure and not to disclose it to any third party.
4.2 You are solely responsible for all activities resulting from the use of your account. You will not aid an unregistered use to gain access to a registered area of our Website, and will not create an account for the purpose of abusing the functionality of the Website. You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.
5. TERMINATION OF REGISTRATION
5.1 If you wish to terminate your Website account, you may terminate your account by sending an email to [email protected].
5.2 If we believe, in our reasonable opinion, that you have failed to comply with any of the provisions of these Terms we may disable your access to the registration areas of our Website immediately and without prior notice.
6. ACCEPTABLE USE OF OUR WEBSITE
6.1 You may use our Website only for lawful purposes. You may not use our Website:
6.1.1 in any way that breaches any applicable local, national or international law or regulation;
6.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
6.1.3 for the purpose of harming or attempting to harm minors in any way;
6.1.4 to bully, insult, intimidate or humiliate any person;
6.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
6.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2 You also agree:
6.2.1 not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of these Terms.
6.2.2 not to access without authority, interfere with, damage or disrupt:
(a) any part of our Website;
(b) any equipment or network on which our Website is stored;
(c) any software used in the provision of our Website; or
(d) any equipment or network or software owned or used by any third party.
7. THIRD PARTY ADVERTISING & THIRD PARTY LINKS
7.1 You may see advertising material on our Website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
7.2 As a business, we try to generate revenue from our Website through both product sales and advertising on our Website. See below the different forms of advertising we currently conduct. Advertising types do evolve over time so we urge you to regularly review these Terms if you are interested in what advertising we do. We will add to the list below should a new form of advertising be introduced to our Website.
7.2.1 Sponsored content: From time-to-time we produce content that has been paid for by an advertiser. When this appears as an article we have a label at the top of the page saying, “Advertisement feature | CHASM Gallery + (advertiser’s name)”. This is to let you know that the article has been paid for by an advertiser. We may also feature these articles on our social media feeds or in our newsletters, our users will be able to see the advertisement label at the top of the article when they click through from either social media or a newsletter.
7.2.2 Competitions: Sometimes the competitions we offer have been paid for by an advertiser. A competition that has been paid for will usually involve following an advertiser on social media or subscribing to their newsletter. We will always ask for permission before sending an advertiser your email address (please see our Privacy Policy for more information). Not signing up for newsletters for an advertiser or for CHASM Gallery newsletters will not affect your chances in any competition.
7.2.3 Display ads: The majority of our banner ads throughout the site have been paid for by an advertiser (excepting CHASM Gallery’s own ads). These are sometimes personalised to target you specifically based on your online profile details provided on registration of your account, or if you have enabled tracking technologies (please see our Privacy Policy and Cookies Policy for more information and for information about how to manage such tracking technologies).
7.2.4 Affiliate links: These are links on our Website to another website that track whether someone clicks through a link and subsequently purchases something on that website. We would then receive commission on that purchase.
7.3 If you want to advertise on the CHASM Gallery site, please email the advertising team at [email protected].
7.4 Where the Website contains links to other websites and resources provided by third parties (Third Party Services), these links are provided for your information only. Such links should not be interpreted as approval by us of those Third Party Services or information you may obtain from them. We have no control over the contents of the Third Party Services.
7.5 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.6 You must not establish a link in such a way to suggest any form of association, approval or endorsement on our part where none exists.
7.7 We reserve the right to withdraw linking permission without notice.
7.8 The website in which you are linking must comply in all respects with the acceptable use standards set out in these Terms.
7.9 If you wish make any use of content on our Website for commercial purposes, please contact [email protected] for permission.
8. CONTENT & USE OF MATERIAL
8.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 Content on our Website is available for your personal and non-commercial use only. This means you may print off a single copy or download extracts of the pages of our Website for your personal use only and you must not modify any such paper or digital copies of any materials you have printed or downloaded in this way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
8.3 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us. If you wish to use our content other than as permitted by these Terms, and for all other inquiries about distribution or reproduction of the materials, please contact us at [email protected].
9. DO NOT RELY ON INFORMATION ON THIS SITE
9.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
9.3 To the extent permissible by law, we do not accept any responsibility for any statement found in our Website and we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to content on our Website.
10. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
10.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
10.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website You must not attack our 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.
11. ADDITIONAL DISCLAIMERS
11.1 Our Website is provided “as is” and “as available”, without warranty of any kind, either express or implied including but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of our Website; and any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.
11.2 This disclaimer of liability applies to any damages or injuries caused by our Website including, without limitation, those damages or injuries occurring as a result of any error, omission, deletion, or defect in the content available on our Website; or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
12.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.
12.3 We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. NO WAIVER
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of CHASM Gallery.
14. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.