Use of this Website and the Services are subject to the terms and conditions (“Terms”) set out below. By using the Website and the Services You agree to be bound by these Terms. If You do not agree to these Terms You should not use the Website or the Services.
We may make changes to these Terms at any time. We will let You know what these changes are by posting them to this page, but it is Your responsibility as a User to make sure that You are aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. If You continue to use Our Website after the posting of changes to these
Terms, it means that You accept any such changes.
“Us/We/Our” means Spray Paint Wall, a trading name of Noonah Marketing Limited whose registered office is West Acridge, Clifford Road, Boston Spa, LS23 6DB. Company No. 07619471;
“User(s)” means – person/persons, companies or other organisations using the Website;
“Gallery User(s)” means – User(s) who enter a private or public gallery area of the Website that has been provided to them by Us or one of Our customers.
“Service(s)” means – the gallery facilities, newsletters, forums, communications tools (including web-based email, message boards and email links) and information provided to Users;
“Website” means – the website that You are currently using (www.spraypaintwall.com or the sub-domain www.my.noonah.co.uk), including; its web space, pages, and the contents and graphics contained in such space or pages, including any Information, and any sub-domains of this Website unless expressly excluded by their own terms and conditions;
“Information” means – any Information submitted or made available to this Website in relation to the use of the Website and the Services it offers including Information submitted during any registration process, the purchase of products, and any other communication processes arising as a result of the use of the Services or the Website but excluding Photographs;
“Photograph(s)” means – Photographs, images, bags, hats, phone casesT shirts, mugs, caps or any other image taken or merchandise produced during use of a Spray Paint Wall.
1. Disclaimer of warranties
a. The Website and the Services are provided on an “as is” and “as available” basis and We make no warranties or representations, whether express or implied, in relation to the Website or the
Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
b. We make no warranty that the Website or use of the Services will meet Your requirements or will be uninterrupted, timely or secure.
c. We do not represent that the Information contained in the Website or in any communication from Us, is accurate, verified, current, comprehensive or complete. It could contain inaccuracies, typographical, human and/or machine errors or omissions.
d. No warranty is given by Us as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and You understand and agree that any material or data obtained through use of the Website or the Services is at Your own discretion and risk.
e. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this agreement by statute, common law, or otherwise and any liabilities arising there from, are hereby expressly excluded to the extent permitted by law.
a. You are solely responsible for Your Information. You agree to provide true, accurate, current and complete Information when providing details to Us. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
b. Your Information and Your activities on the Website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
c. Your Information must not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
d. To enable Us to use Your Information You grant to Us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise the copyright, trade mark, publicity, and database rights You have in Your Information, in any media now known or that becomes known at any point in the future. You also waive all moral rights You have in Your Information to the fullest extent permitted by law.
e. Your Information may not contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. Your Information may not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
f. You hereby acknowledge that We, at Our absolute discretion, shall be entitled to review, edit, modify or remove any part or parts of Your Information which We consider is in breach of any of the provisions of these Terms.
3. Gallery Users
b. With respect to any Photographs, in accordance with the information provided to You during Your use of the Spray Paint Wall service, You have waived your moral rights in such Photographs including your right to privacy and any right to inspect or approve uses of the Photographs produced or to be compensated for any such uses.
c. You agree if Photographs taken by Us during the delivery of the Services are published or distributed by You through any commercially available source they must contain a visible acknowledgement of Noonah Marketing Ltd as the creator of the image.
a. By accepting this agreement, You expressly consent to uses and disclosures of Your Information and Photographs as set out herein. If for any reason You do not wish any or all of Your Information or Photographs to be used in the way set out in the Website or these Terms then please do not use the Services.
b. We are committed to ensuring that your privacy is protected. Should we ask You to provide certain Information by which You can be identified when using this website, then You can be assured that it will only be used in accordance with this privacy statement.
c. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that Your are happy with any changes. This policy is effective from 1st November 2012.
d. We may collect personally identifiable Information, such as your e-mail address, name, home or work address or telephone number. We also collect anonymous demographic information, which is not unique to you, such as your postcode, age, gender, preferences, interests and favorites. There is also Information about your computer hardware and software that is automatically collected by Us. This Information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This Information is used by Us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Spray Paint Wall Website.
e. The Information collected is used by Us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Spray Paint Wall Website. We may also use the Information to periodically send promotional emails about new products, special offers or other information which we think Your may find interesting using the email address which Your have provided. From time to time, we may also use your Information to contact Your for market research purposes. We may contact Your by email, phone, fax or mail. We may use the Information to customise the website according to your interests.
f. We are committed to ensuring that your Information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Information we collect online.
g. Photographs taken whist using the Spray Paint Wall service are available to view, upload and/or purchase, via the gallery on this Website and/or may be shared via Facebook and otherwise released into the public domain and may also be used for Our own promotional purposes.
i. Our website may contain links to other websites of interest. However, once You have used these links to leave Our site, You should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any Information which You provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
j. You may choose to restrict the collection or use of your personal Information and Photographs in the following ways: i. whenever You are asked to fill in a form on the website, look for the box that You can click to indicate that Your do not want the Information to be used by anybody for direct marketing purposes
ii. if You have previously agreed to Us using your personal Information for direct marketing purposes, You may change your mind at any time by writing to or emailing Us at firstname.lastname@example.org
iii. In the event You or any of Your guests wish to remove their Photographs from the gallery You should contact Our Account Manager Hannah Shaw to arrange this in writing. We cannot guarantee to remove Photographs immediately and Photographs may have been viewed, uploaded and/or purchased prior to someone making a request for their removal or whilst the request is being processed.
k. We will not sell, distribute or lease your personal Information to third parties unless we have your permission or are required by law to do so. We may use your personal Information to send You promotional information about third parties which we think You may find interesting if You tell Us that You wish this to happen.
l. You may request details of personal Information which we hold about Your under the Data Protection Act 1998. A small fee will be payable. If You would like a copy of the Information held on Your please write to: Spray Paint Wall at West Acridge, Clifford Road, Boston Spa, LS23 6DB. If You believe that any Information we are holding on Your is incorrect or incomplete, please write to or email Us as soon as possible, at the above address. We will promptly correct any Information found to be incorrect.
a. As part of the promotional activities We will periodically undertake to publicise the Spray Paint Wall services, We will publish or exhibit Photographs in the media, (including, without limit, in books, journals, papers, magazines, e-zines, blogs and V-logs) and using physical forums such hoardings and exhibitions.
6. Your obligations
a. In consideration of Us making the Website and/or the Services available to You, You:
i. accept responsibility for any Information You provide on the Website;
ii. agree not to use the Website or the Services for any illegal purpose and in accordance with all relevant laws;
iii. agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;
iv. agree not to use the Website or the Services to distribute by any means computer viruses or worms to Users or other third parties;
v. agree not to use the Website or the Services to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
vi. agree not to use the Website or the Services such that the whole or part of the Website or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or the Services is in any way impaired;
vii. agree not to use the Website or the Services in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, third party intellectual property rights or confidentiality);
viii. agree not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any third party or User to which You can connect via the Website (or other directly or otherwise connected network);
ix. agree that You will not use any robot, spider, scraper or other automated means to access the Website for any purpose without Our express written permission;
x. agree not to use the Website or Services as a source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on Your own behalf or on behalf or for the benefit of a third party;
xi. agree not to bypass measures We may use now or in the future to prevent or restrict access to the Website or certain information contained therein;
xii. agree that in the event that You have any right, claim or action against any User arising out of the use of the Website or the Service, then You will pursue such right, claim or action independently of, or without recourse to Us.
7. Our rights
a. We reserve the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or discontinuance of the Website or the Service.
b. The content, layout and organisation of the Website shall be subject to variation at Our sole discretion.
c. In the event of the publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond Our control, We may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this agreement in whole or in part.
8. Intellectual property rights in the Website
a. All contents of the Spray Paint Wall Website are Copyright 2012 by Noonah Marketing Ltd and/or its suppliers. All rights reserved.
a. You agree to indemnify Us forthwith on demand and hold Us harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by Us in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, infringement of moral rights and breach of confidentiality) arising out of; the Photographs You submit, post to or transmit through the Services and any use by You or anyone else of the Photographs; Your violation of any rights of another; the provision of Your Information; or, from Your use of the Website or the Services.
10. Limitation of liability a. Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from its negligence or that of their employees, servants or agents acting in the course of their employment. b. You agree that, except for death and personal injury arising from Our negligence, We shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with use of the Website or Services, including, without limitation, any direct, indirect, consequential or special damages or for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where We have been advised of the possibility of such loss or damage). For these reasons Users of the Website should neither rely, nor act upon any of the Information contained within the Website, and if anyone does so, it will be entirely at their own risk. c. While every reasonable care will be taken in respect of Information supplied by You, We cannot accept liability for any Information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by Our fault or negligence or otherwise). d. We are not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of Emails that are not under Our editorial control.
e. Without limiting the foregoing, We shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, contract slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond Our control
affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under this agreement.
f. Each of the provisions of this Clause 8 shall be construed separately and independently of the others.
a. Should Users have a complaint about Information or an Advertisement on Our Website please email Us in the first instance at email@example.com
b. You hereby agree to release Us from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such complaint.
12. Suspension and termination
a. We reserve the right to suspend or discontinue Our Services to You and terminate Your use with immediate effect, as We see fit and in circumstances including, but not limited to;
i. Where We have good reason to believe that You are in breach or have breached any of the Terms or that it is necessary to protect Us or Our other Users; or
ii. Where We receive a complaint relating to You about Your use of the Website and any of the Services.
iii. If We are required by law or appropriate authority.
a. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
b. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this agreement shall remain in full force and effect unless the business purpose of this agreement is substantially frustrated thereby.
c Any express or implied waiver by Us of any term or condition hereof or any breach or default by You may be terminated by Us at any time. No such waiver shall constitute a continuing waiver nor shall it prevent Us from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
d. The provisions of Clauses 1, 2, 3, 4, 8, 9 and 10 shall survive termination of this agreement.
e. Any notice to be given under this agreement may be given via e-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
f. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
g. This agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts. h. If You are a consumer Your statutory rights are not affected by this agreement.