Terms of Service
These Terms of Service are effective as of 25/05/18.
These Terms of Service are due for review on 25/05/19.
We are Artbeat Ltd and this page tells you the Terms on which you may order and use our products, services, content, features, technologies, functions, websites, mobile applications and services. These Terms apply to you whether you are a registered user or guest. Please read carefully before ordering or using the Services.
These terms and conditions include the terms on which we will sell the Services to you. In particular we must deliver the correct Services to the right place at the agreed time in good condition, and you must pay us the correct price. They also explain our legal responsibility to you if we fail to meet these standards.
By ordering or using the Services, you accept the terms and agree to obey them. If you don't accept them, please don't order or use the Services.
2. Definitions and key terms
All employees, staff and volunteers.
A Form includes any of the following that exist on the Services:
• contact forms,
• newsletter subscriptions forms,
• user registrations forms,
• e-commerce forms,
• other registration forms; and
• text boxes.
The Order is your offer to buy the Services from us on these Terms.
The Services include our:
• contact (including e-mail),
• websites; and
• mobile applications.
These Terms of Service.
We, us and our
3. Who we are
The Services are operated by Artbeat Ltd, a UK Limited company registered in England.
Some important details about us:
Our business address is: 32 Borough Road, Burton-on-Trent, Staffordshire, DE14 2DA
Our registered address is: 8 Trowels Lane, Derby, Derbyshire, DE22 3LS
Our company number is: 04774156
4. Use of the Services
You have permission for temporary use of the Services, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must be at least 16 years old to access and use the Services.
You cannot use the Services if you are under 16 years old, are a convicted sex offender, if we have previously disabled your account for violations of our terms or policies or if you are prohibited from using the Services under applicable laws.
You must not misuse or interfere with the Services or try to access them using a method other than in accordance with the instructions that we provide.
You may need an account in order to use parts of the Services. You may create your own account, or an account may be assigned to you by an administrator.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
You agree to follow our acceptable use policy which you can find by visiting http://artbeatltd.co.uk/acceptable-use.
If you allow anyone else to use our Services, you must make sure that they read these terms first, and that they follow them.
Only use the Services as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the Services and make changes to it, but we don't have to do this, and material on the Services may be out-of-date. No material on the Services is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Services by anyone.
By using the Services, you agree to us handling this information and confirm that data you provide is accurate.
5. Intellectual property rights
We are the owner or licensee of all intellectual property rights in the Services (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
These terms and the use of the Services do not grant you ownership of, or the right to use, any intellectual property rights, branding or logos in the Services or the content you access.
You are allowed to print one copy and download extracts of any page on the Services for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our Services, and must destroy or return any copies you have made.
6. Our legal responsibility to you
We do not guarantee the accuracy of material on our Services. As far as legally possible, we exclude legal responsibility for the following:
• Any loss to you arising from use of our Services; and
• Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the Services.
Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
7. Uploading to the Services
If you contact other users of our Services or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy at http://artbeatltd.co.uk/acceptable-use. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won't be legally responsible to anybody for the accuracy of material that you upload to the Services, and we can remove it at any time if we think it doesn't follow our acceptable use policy.
8. Computer offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Services will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our Services or server or any connected database or make any 'attack' on the Services. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Services.
9. Links to the Services
You are allowed to make a legal link to our Services homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.
You mustn't suggest any endorsement by us or association with us unless we agree in writing.
10. Links from the Services
Links from our Services to other services are only for information. We don't accept responsibility for other services or any loss you suffer from using them.
We change these terms from time to time and you must check them for changes because they are binding on you.
Artbeat is our trademark.
13. Applicable law
The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to an independent third-party to appoint a mediator.
Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by an independent third-party in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by an independent third-party.
Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
The English courts have the only right to hear claims related to our Services, and all disputes are governed by English law.
14. Contact us
Please contact us by visiting https://artbeatltd.co.uk/contact to discuss any issues.