Website Terms of Use

1. Terms of Use of this Website

1.1        These terms of use apply to the website at www.monograph-art.com (“Website”).

1.2        We would like you to be able to use the resources available on the Website. It is therefore important that you read these terms which set out the ways in which you can use the Website. The purchase of products or services through the Website is covered by our terms of sale.

1.3        By using the Website you agree to comply with these terms. When you click on “I have read and accept the terms and conditions of use” at the end of the registration process you agree to be bound by the terms that relate to registered users.

1.4        The materials on the Website are intended to give you general information (rather than professional advice) and may not suit your specific needs.  Please contact us with any specific questions.

1.5        So that we can give you a wide variety of resources, the Website may include hyperlinks to websites operated by other parties.  Although they may be of use, we have not examined or evaluated them and we are not able to confirm or check their content. We have no control over the content of external Internet sites that link to the Website or which are linked from it.  We do not accept liability for any content posted to the Website by visitors.

1.6        The contents of this site are protected by copyright.  You agree that you will not use, process or share any of the information on the Website for any purpose other than the purposes for which the information was provided.

1.7        The Monograph name and associated logos are our trade marks.

1.8        Please feel free to read the content of the Website.  You may only make copies for the purposes of using the available resources and ordering or assessing our products and services. Please note the requirements that apply to the copying of information from third party websites may be different.

1.9        A printed version of these terms and conditions will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.

1.10     We may make changes to these terms at any time and advise you to check this page from time to time as any changes will be binding on you.

1.11     The services we provide on the Website are not aimed at children and if you use the Website you are confirming to us that you are over 18 years of age and that you agree to these terms and conditions.  If you are not over 18 years of age or do not agree to the terms and conditions then we would ask that you do not use the Website.

2. Use of the Website

2.1        You agree to help us by:

2.1.1         providing accurate, and up to date information as required by the registration forms on the Website;

2.1.2         keeping us informed of any changes to such information; and

2.1.3         reporting any misuse of the Website or any misleading or inappropriate material on the Website that you become aware of.

2.2        You agree not to use the Website to:

2.2.1         impersonate any person or organisation or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation;

2.2.2         use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;

2.2.3         upload or share any unsolicited or unauthorised material or advertising;

2.2.4         upload, publish or display any personal or confidential information of any person or organisation without their prior consent;

2.2.5         upload, share or otherwise make available any material that contains viruses or malware;

2.2.6         upload, share or otherwise make available any material which may be illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of the Website or others;

2.2.7         upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or

2.2.8         intimidate or harass any person or organisation.

2.3        So that we can make sure we comply with intellectual property laws, when you upload content via the Website you grant us an irrevocable, non-exclusive, royalty free licence to use, copy, publish, display, reformat, translate and distribute such content for any purpose in connection with the Website and our associated services.  You also confirm that you have the right to grant us this licence.

2.4        You warrant that you have all necessary consents from relevant individuals to upload their personal data via the Website and that by doing so you do not, and will not cause us to, breach the Data Protection Act 1998.

3. Content

3.1        You grant us a non-exclusive, royalty free licence to copy, publish and distribute for the purposes of the Website all information, such as data files, text, computer software, music, audio files or other sounds, photographs and images, (“Content”) that you upload or otherwise provide to us in connection with your use of the Website.

3.2        You confirm and warrant to us that you have the right to upload and share any Content that you provide and to grant the licence set out in paragraph 3.1.

3.3        You agree not to upload or publish on the Website any material that is obscene, defamatory or discriminatory. We reserve the right to remove from the Website any material that we consider to be in breach of this paragraph 3.3.

4. Termination

4.1        If you would like to terminate your user account please email or write to us using the contact details below.

4.2        We will cancel your registration within five business days when we receive your notice of termination but we will keep any information you have uploaded in accordance with our Privacy Policy.

5. Limitation of Liability and Indemnity

5.1        This paragraph is particularly important, so we ask that you take the time to read it.

5.2        We do not warrant that the Website will be compatible with your computer.  On occasion, the services available through the Website may not be available and your access to the Website may from time to time be interrupted or contain errors.  We will not be liable if we are unable to provide the Website or any services for any reason.

5.3        If you are accessing the Website and the associated services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.

5.4        If you have registered as a user of the Website, we will not be liable for any losses you suffer as a result of someone using your account without permission until you have let us know of the suspected breach of security.

5.5        We shall not be liable for:

5.5.1         any loss of profit, data loss, loss of production, loss of goodwill; or

5.5.2         any indirect loss, costs or expenses, in each case arising out of your use of the Website, your use of our services available through the Website or our failure to deliver services contained on the Website.

5.6        Our total liability for losses arising out of your use of the Website, your use of the services available through it or our failure to deliver any such services shall be limited to the total cost of the purchase under which the claim arises for any one event or series of connected events or, if no service has been purchased, to £100.

5.7        If you are not using the Website in the course of your business, you have certain statutory rights as a consumer.  Nothing in these terms and conditions will affect those statutory rights (and in particular, any term which limits our liability to you in the event that any service is defective or fails to meet the description given to it on the Website shall not apply).

5.8        If you are accessing the Website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from all or any liability or damages we incur in contract, tort or otherwise, towards a third party as a result of your use of the Website, any of the services accessible through your user account or any content you publish, upload or display on the Website.

6. General

6.1        If any provision contained in these terms and conditions is found to be invalid or unenforceable, the remainder of the terms and conditions shall not be affected.

6.2        We run the Website from the United Kingdom and these terms and conditions, and your use of the Website are governed by the laws of England and Wales. Unless you are using the Website and services as a consumer, by agreeing to these terms and conditions you consent to all disputes relating to the Website being decided only by the courts of England and Wales.  We are not in a position to check the Website complies with laws from outside England and Wales, so you will need to check its compliance with the laws of other jurisdictions if you intend to use the Website and the associated services from outside the United Kingdom.

6.3        You are not permitted to assign your rights under these terms and conditions.  Except as expressly provided by these terms and conditions, no third party may enforce these terms and conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.

7. About Us

Our contact details are as follows:

NameMonograph LLP
Legal StatusWe are a limited liability partnership incorporated in England and Wales with number OC371783
AddressSt Ann’s Wharf, 112 Quayside, Newcastle upon Tyne, NE1 3DX
Telephone01642 351011
E-mailenquiries@monograph-art.com
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