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Terms, Conditions & Privacy Policy1 Definitions1.1 In this Agreement the following words and expressions shall have the following meanings: 1.1.1 “T&C’s” means Terms and Conditions; 1.1.2 “aFX-D Network” refers to all websites created by or maintained by acuteFX Design Ltd (including acutefx-design.com). All websites within the aFX-D Network shall be marked with either our logo, a text link to acutefx-design.com or will be marked within their source code; 1.1.3 “Content” refers to everything which in any way adds to the structure or build of a website, including without limitation any/all website designs/layouts, imagery, graphics, flash animation, scripts, programming, software, text/information and any downloadable files available via such websites. 2 Introduction2.1 By visiting and/or using this website or any website within the aFX-D Network (including but not limited to viewing, downloading from, linking to and hot-linking from), you signify your assent to our terms and conditions displayed on this page and to be bound by these terms while visiting any website within the aFX-D Network (including acutefx-design.com). You re-affirm this acceptance every time you visit or use any website within the aFX-D Network (including acutefx-design.com) thereafter. 2.1.1 If you do not agree to the terms and conditions on this page please leave the acuteFX Design website. 2.2 As well as our T&C’s, this page also displays details on how acuteFX Design Ltd may use any personal information (as defined in the Data Protection Act 1998) or anonymous information collected via this website or any website within the aFX-D Network. 2.3 Please note that this page may by updated without notice. 3 Copyright Protection3.1 You should assume that everything you view, read or download from this website or any website within the aFX-D Network is copyrighted. 3.1.1 All website designs, builds and concepts, as well as all Content created by acuteFX Design Ltd are/is copyrighted and may not be copied, reproduced or redistributed for commercial or financial gain in any way without acuteFX Design’s prior written authorisation or unless otherwise stated. 3.2 No website programming or software within the aFX-D Network which has been created by acuteFX Design Ltd may be reverse engineered or decompiled for commercial or financial gain. All programming and software developed for such websites is copyrighted and may not be copied, reproduced or redistributed in anyway. 3.3 You MAY however make single copies of files available via websites within the aFX-D Network for personal, non-profitable use as long as the reason to do so complies with points 3.2 and 4.1. 3.4 acuteFX Design may use brushes made available from sites such as deviantART, Brusheezy and PSbrushes (as well as others) and does in no way claim to have created these brushes. Full credit goes to the author / artist for creating and sharing these brushes. 3.5 acuteFX Design may use stock imagery within website designs. These images are taken from free stock imagery websites (primarily Stock.XCHNG) and credit for the original image goes to the artist / photographer for providing these images. Where needed, a link to the photographer will be shown. 4 Usage Manner4.1 You will not in any way (or attempt to) reverse engineer or decompile any programming or software created by acuteFX Design Ltd to try and change or alter in anyway the function of any website within the aFX-D Network (including acutefx-design.com). 4.2 You will not in any way alter or attempt to alter the make-up (including template, images, text and software) of any website within the aFX-D Network (including acutefx-design.com). 4.3 You will not in any way access or attempt to access areas of acutefx-design.com or any other website within the aFX-D Network which need registered accounts, passwords or any other form of electronic validation without such authorisation. 4.4 Failure to follow the rulings in points 4.1, 4.2 and 4.3 will instantly result in an IP address banning from all websites within the aFX-D Network (including acutefx-design.com) as well as your IP address reported to your ISP. 5 Hosting Specific Terms5.1 acuteFX Design Ltd shall use its reasonable endeavours to make the server and the hosting services available to the customer 100% of the time but because the hosting services are provided by means of computer and telecommunications systems, acuteFX Design makes no warranties or representations that the hosting service will be uninterrupted or error-free and acuteFX Design Ltd shall not, in any event, be liable for interruptions of service or downtime of the server. 5.2 Hosting services may be used for lawful purposes only and the customer may not submit, publish or display any Content that breaches any law, statute or regulation. Under our Acceptable Use Policy the customer agrees not to: 5.2.1 use the hosting services in any way to send unsolicited commercial email or "spam", or any similar abuse of the hosting services; 5.2.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities; 5.2.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights via the hosting services provided; 5.2.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; 5.2.5 engage in illegal or unlawful activities through the hosting services or via any website within the aFX-D Network; 5.2.6 make available or upload files to the hosting service that the customer knows contain a virus, worm, trojan or corrupt data; 5.2.7 obtain or attempt to obtain access, through whatever means, to areas of acuteFX Design Ltd’s network or the hosting services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers; 5.2.8 operate or attempt to operate IRC bots or other permanent server processes. 5.3 The customer has full responsibility for the Content of their website. For the avoidance of doubt, acuteFX Design Ltd is not obliged to monitor, and will have no liability for, the Content of any communications transmitted by virtue of the hosting services. 5.4 If the customer fails to comply with the Acceptable Use Policy outlined in point 5.2 acuteFX Design Ltd shall be entitled to withdraw the hosting services and terminate the customer's account without notice. 5.5 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers, we will discuss with you alternative solutions for your hosting requirements. 5.6 acuteFX Design does not allow proxy sites of any nature, file/image hosting or any other form of file-sharing website to be hosted on its network. 6 Charges, Payment and Money Back6.1 Our current payment methods are either through PayPal (which accept MasterCard, Visa, Maestro, Solo, Visa Electron, American Express and direct debits), cheque or via bank transfer. 6.1.1 acuteFX Design Ltd does not accept postal orders, cash or any other form of payment other than those outlined in 6.1. 6.2 All charges are exclusive of VAT, acuteFX Design Ltd is not a VAT registered company and consequently does not charge Value Added Tax. 6.3 acuteFX Design Ltd does not provide any credit facilities. 6.4 acuteFX Design Ltd does not provide any money back guarantees on any products or services, if you are unsatisfied in anyway with a product or service made available by acuteFX Design Ltd please request support via the contact us page. This does not change your statutory rights. 6.5 acuteFX Design Ltd may request a 5-30% deposit payment on large website developments or projects which will have a long build time. 6.6 acuteFX Design Ltd may request a 50% deposit payment to clients who have previously missed their 30-day payment period. 7 Liabilities and Warranties7.1 acuteFX Design Ltd excludes all liability (other than those caused by its negligence) in relation to the any website's Content which is within the aFX-D Network. 7.2 acuteFX Design Ltd makes no claims or representations that any / all content within the aFX-D Network may be viewed or downloaded outside of United Kingdom. Access to such materials may not be legal in certain countries. If you choose to access the websites within the aFX-D Network from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of that country. 7.3 Websites within the aFX-D Network (including acutefx-design.com) may link to third party websites. Links to such websites show no endorsement or consent by acuteFX Design Ltd for any products or information provided via such websites. acuteFX Design Ltd is not in anyway liable for any malicious software or coding available via third party websites which may damage or corrupt computer systems or networks. 8 Cookies8.1 Websites within the aFX-D Network may use cookies. Cookies are small packets of information used to help websites store details such as auto-login details or website preferences. Cookies operated by acuteFX Design Ltd contain no Personal Data and are completely secure. For further information on acuteFX Design Ltd’s use of cookies, please contact a member of staff. 9 Privacy Policy9.1 No personal data will be automatically saved or taken from using acutefx-design.com or any other website within the aFX-D Network without either prior authorisation from the user or unless the website states otherwise. 9.2 Certain anonymous information (such as IP addresses and browser information) may be saved for website usage statistics but will not be given to any third party or marketing companies without prior authorisation to do so. 9.3 Under the Data Protection Act 1998 all individuals are entitled on the payment of a fee, to be given from acuteFX Design Ltd a description of all Personal Data acuteFX Design Ltd holds about the individual, the purposes for which this is being processed and the recipients to whom this may be disclosed. Please contact a member of staff for more information. 10 For more information on any point within these terms, conditions or privacy policy, please contact acuteFX Design via our contact us page. |
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