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These are the general terms and conditions of Red Plus Yellow Limited for use of this Website. Please read these terms and conditions carefully. Your use of the Website and the Service will be subject to these terms and conditions.
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1. Definitions
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In these terms and conditions, the following definitions apply:
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“Service” means any information and services provided by Red Plus Yellow through its Website;
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“Red Plus Yellow” means Red Plus Yellow Limited, whose registered office is at 11 Egerton Road, Wallingford, OX10 OHL, United Kingdom
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“Website” means www.artfair365.co.uk.
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2. What you are allowed to do
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2.1 You may use the Service for personal use and in accordance with these terms. Certain parts of the Service are for Subscribers only. Current Membership Fees and full details of the services are set out on the Website.
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2.2 You may:
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(a) browse the Website. Permission to browse the Website includes permission to make transient or cached copies of parts of the Website to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Website by you;
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(b) print a copy of any page of the Website, for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.
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3. What you are not allowed to do
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3.1 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Website.
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3.2 You may not remove or change anything on the Website, except relating to creating and maintaining your own details and your own online gallery.
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3.3 You may not include or create links to or from the Website without our permission, except relating to links offered as part of your subscription to the service.
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3.4 You are not allowed to copy or use any material from the Website for any commercial purpose.
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3.5 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Website.
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3.6 You must only use the Website and anything available from the Website for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Service to:
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(a) post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
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(b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
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(c) download any file or materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used;
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(d) harass, stalk, threaten or otherwise violate the rights of others;
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(e) harm or threaten to cause harm to minors;
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(f) impersonate anyone else or otherwise misrepresent your identity or status;
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(g) hack into the Website or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Website or any other web Website or damage or destroy the reputation of Red Plus Yellow or any third party;
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(h) collect and process others’ personal data;
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3.7 Red Plus Yellow accepts no obligation to monitor the use of the Website. However, Red Plus Yellow reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Red Plus Yellow will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
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4. Message Centre
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The Website offers a Message Centre for use. Use of the Message Centre is subject to these terms and conditions and any specific directions or instructions given by Red Plus Yellow from time to time.
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5. Registration and your personal information
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In order to use the Service you must subscribe and provide correct information. Usage of your personal information is governed by Red Plus Yellow’s Privacy Policy, which forms part of these Terms and Conditions. In the event that Red Plus Yellow undergoes reorganisation or is sold to a third party, you agree that any personal information Red Plus Yellow holds about you may be transferred to that reorganised entity or third party.
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6. Password
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6.1 As part of registration, you will select an individual password which may be used to access the Website and those pages for which their registration is required. You will use the password only for access to those applicable pages of the Website and not for any other purpose.
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6.2 You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
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6.3 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Website immediately, and notify Red Plus Yellow of such failure or error.
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6.4 You shall cease to use and delete their password from any of your records upon expiry or termination of your membership for whatever reason.
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6.5 Red Plus Yellow reserves the right to change your password and user name at any time in its sole discretion.
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6.6 You agree to notify Red Plus Yellow promptly of any changes to your registration details.
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7. Child Supervision
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Red Plus Yellow is concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Website/Services you are allowing your child access to all of the Services, including image galleries, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
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8. Rights
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8.1 All intellectual property rights in any material (including text, photographs and other images and sound, trade marks and logos) contained in this Website is either owned by Red Plus Yellow or has been licensed to Red Plus Yellow by the rights owner(s) so that Red Plus Yellow can use this material as part of its Website. You are only allowed to use this Website and the material contained in the Website as set out in these terms.
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8.2 Red Plus Yellow acknowledges that it does not own any intellectual property rights to the materials posted, uploaded or submitted to the Website by Subscribers. However, by so doing you grant Red Plus Yellow a worldwide, royalty free, non exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit or translate such material for as long as you display such material on the Website.
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9. Disclaimer and limitation of liability
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9.1 Red Plus Yellow does not, and nothing in these terms and conditions shall act to exclude or limit Red Plus Yellow's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.
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9.2 Subject to clause 9.1, in no event shall Red Plus Yellow be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
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9.3 Subject to clauses 9.1 and 9.2, Red Plus Yellow's liability to you whether in contract, tort or otherwise is limited to [the amount paid by you in respect of your membership in the previous 12 months] or, if this is less than £250 or cannot be ascertained at the time Red Plus Yellow’s liability arose, to £250.
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9.4 You agree that your use of the Service is on an “as is” and “as available” basis and that your use of the Service is at your sole risk. On that basis, except as expressly set out in these terms, Red Plus Yellow does not enter into conditions, warranties or other terms in relation to to the Website or the Service (including any implied term relating to quality, fitness for a particular purpose). In no event shall Red Plus Yellow be liable or have any responsibility for any sale of art that you may engage in or purchase (from artists displaying artwork on the Website).
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9.5 You agree that the obtaining of any material through the use of the Service is carried out at your own risk and that Red Plus Yellow has no liability to you in respect of such material or the effects of such material.
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9.6 Red Plus Yellow tries to make sure that all information contained on the Website is correct, but it does not accept any liability for any error or omission. You should check with Red Plus Yellow or the relevant supplier before acting on any information on the Website.
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9.7 Red Plus Yellow may change the format and content of the Website from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website.
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9.8 The Website includes links to external Websites and co-branded pages. Red Plus Yellow has included links to these Websites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Red Plus Yellow is not responsible for the content of these Websites and pages or for anything provided by them.
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9.9 Red Plus Yellow is not liable for any action you may take as a result of relying on any information provided in this Website.
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10. Suspension and termination of Service
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10.1 Red Plus Yellow may suspend the operation of the Website for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time. Access to or use of the Website or any Websites or pages linked to it will be not necessarily be uninterrupted or error free.
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10.2 Red Plus Yellow may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Red Plus Yellow.
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11. Enquiries or complaints
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If you have any enquiries or complaints (about the Service or someone else’s use of the Website) then please address them to:
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support@artfair365.co.uk
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12. General and governing law
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12.1 Red Plus Yellow may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Website. By browsing the Website you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Website. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Red Plus Yellow may delay enforcing its rights under these terms and conditions without losing them. You agree that Red Plus Yellow may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
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12.2 Red Plus Yellow will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which Red Plus Yellow cannot reasonably be expected to control.
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12.3 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
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Privacy Policy
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By using this website you accept the terms of this privacy statement, the copyright statement and the terms and conditions on this website.
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Our commitment to privacy
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This privacy statement explains how we (Red Plus Yellow Limited) collect information from you via the website or in any manner expressly described in the privacy statement and how this information is then used. When you provide us with your personal data in the manner described, you consent to the processing of all such personal data as set out in the privacy statement. Please read this privacy statement carefully and revisit this page from time to time to review any changes that we may have made. If you have any questions or comments about how we handle your personal information, please e-mail us at support@artfair365.co.uk. You may also use these contacts to tell us about any concerns you may have about our privacy statement. We have registered as a data controller in line with the Data Protection Act, 1998.
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The information we collect during registration
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When you subscribe to artfair365 we ask for information such as:
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your full name;
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your address;
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where you heard about us;
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We also keep a record of any e-mail correspondence that you send us in order to keep track of any problems, comments or concerns you may raise regarding the Website.
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How we use the information we collect
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We use your personal information :
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to answer your queries or complaints;
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to carry out administration;
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for general statistics and research;
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for obtaining any relevant professional advice;
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as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal rights.
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Third parties
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We may also give your information to third parties who may take over part or all of the Red Plus Yellow Limited in the future, but only for the purposes outlined in this privacy statement.
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Requests for information
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If you have not subscribed but are simply making an enquiry or request for information, we will use your personal information to reply to your enquiry or request. We will not use this information for marketing purposes without your permission or unless you invite us to do so.
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Protecting your personal information
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As a registered data controller, we are required to take appropriate technical measures to protect your personal information including making a regular backup of our system and data. We have security measures in place to make sure any personal information we collect is secure. All parties with access to your information are subject to confidentiality obligations. If you think someone else knows your password, or is using it, tell us immediately and we will send you a new password. Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the website at your own risk.
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Keeping your personal data
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We keep personal data :
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for as long as is necessary to fulfil the purposes we collected it for;
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as required by law; or
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to enforce or defend legal claims.
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Cookies
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Cookies are small text files which are sent to your browser by a web server and stored on your personal computer's hard disk. We use cookies on our site to identify you when you log onto the system.
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The cookies used on the website do not collect your personal information.
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Your rights
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You have the right to ask for a copy of all the information we hold about you (we will charge you a small fee for this) and to correct any inaccuracies. To obtain a copy of this information, please e-mail us at support@artfair365.co.uk.
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Links
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Our website contains links to other websites. We are not responsible for the privacy policies of other sites and we advise you to read the privacy statement of every website that collects personal information from you.
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