/Website terms of use

I am delighted that you have visited my website and hope you enjoy the experience. There are a few points I need to bring to your attention, and these are detailed on this page.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy notice and cookies policy govern my relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

BACKGROUND: These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.creativemongrel.com (“My Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of My Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using My Site immediately.

1.         Definitions and Interpretation

1.1        In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

  • "Content”: means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site; and

  • “I/Me/My”: means Creative Mongrel, a business located in Gauldry, Scotland.

2.         Information About Me

2.1        My Site, www.creativemongrel.com, is owned and operated by Alistair Kerr, also trading as Alistair Kerr Photography. 

3.         Access to My Site

3.1        Access to My Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access My Site.

3.3       Access to My Site is provided “as is” and on an “as available” basis.  I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice.  I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.

4.          Intellectual Property Rights

4.1       All copy and each and every photograph and video on this website are copyright © Alistair Kerr, and copyright in these is owned by Alistair Kerr. All copy and each and every photograph and video are protected by copyright and trademark law and other related intellectual property rights, and are also protected by moral rights. Alistair Kerr asserts his moral right to be identified as the author wherever and whenever these are copied or distributed by any means.  Copying and using images or copy without Alistair Kerr's written permission is illegal and action may be taken where it is known that infringement of copyright has occurred.

4.2       Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Me.

4.3       You may:

4.3.1     Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2    Download My Site (or any part of it) for caching;

4.3.3    Download extracts from pages on My Site; and

4.3.4    Save pages from My Site for later and/or offline viewing.

4.4       My status as the owner and author of the Content on My Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5       You may not use any Content saved or downloaded from My Site for commercial purposes without first obtaining a licence from Me (or my licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of My Site for general information purposes whether by business users or consumers.

4.6       Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5.        Links to My Site

5.1       You may link to My Site provided that:

5.1.1     You do so in a fair and legal manner;

5.1.2    You do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;

5.1.3    You do not use any logos or trade marks displayed on My Site without My express written permission; and

5.1.4    You do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.

5.2      You may not link to any page other than the homepage of My Site, www.creativemongrel.com.  Deep-linking to other pages requires My express written permission.

5.3       Framing or embedding of My Site on other websites is not permitted without My express written permission.  Please contact Me using the contact form on the site for further information.

5.4       You may not link to My Site from any other site the main content of which contains material that:

5.4.1     is sexually explicit;

5.4.2     is obscene, deliberately offensive, hateful or otherwise inflammatory;

5.4.3     promotes violence;

5.4.4     promotes or assists in any form of unlawful activity;

5.4.5     discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

5.4.6     is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.4.7     is calculated or is otherwise likely to deceive another person;

5.4.8     is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

5.4.9    misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

5.4.10   implies any form of affiliation with Me where none exists;

5.4.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

5.4.12   is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.5    The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

6.     Links to Other Sites

Links to other sites may be included on My Site.  Unless expressly stated, these sites are not under My control.  I neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

7.     Disclaimers

7.1     Nothing on My Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to the material on My site.

7.2    Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3    I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up-to-date.  I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 

8.     My Liability

8.1    To the fullest extent permissible by law, I accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content included on My Site.

8.2   To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.

8.3   If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.4   I exercise all reasonable skill and care to ensure that My Site is free from viruses and other malware.  I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.

8.5  I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.6   Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9.   Viruses, Malware and Security

9.1   I exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware.

9.2  You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3  You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.

9.4  You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.

9.5   You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6   By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them.  Your right to use My Site will cease immediately in the event of such a breach.

10.  Acceptable Usage Policy

10.1   You may only use My Site in a manner that is lawful.  Specifically:

10.1.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.1.2  you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3  you must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.1.4   you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.2   I reserve the right to suspend or terminate your access to My Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, I may take one or more of the following actions:

10.2.1   suspend, whether temporarily or permanently, your right to access My Site;

10.2.2   issue you with a written warning;

10.2.3   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.2.4   take further legal action against you as appropriate;

10.2.5   disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or

10.2.6   any other actions which I deem reasonably appropriate (and lawful).

10.3   I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms and Conditions.

11.    Privacy and Cookies

Use of My Site is also governed by My Cookie and Privacy Policies, available from www.creativemongrel.com/cookies and www.creativemongrel.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

12.   Changes to these Terms and Conditions

I may alter these Terms and Conditions at any time. This may be necessary, for example, if the law changes, or if I change my business in a way that affects my Terms and Conditions.

12.1  If I do so, details of the changes will be highlighted on this page.  Any such changes will become binding on you upon your first use of My Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

12.2  In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12.3   This notice was produced on 7th March 2019.  Any future revisions will be identified alphabetically, eg “Revision A, dated…..”.

13.    Contacting Me

To contact Me, please do so using the contact form provided on My site.

14.   Communications from Me

14.1  I will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Me include an unsubscribe link.  If you opt out of receiving emails from Me at any time, it may take up to 5 business days for Me to comply with your request.  During that time, you may continue to receive emails from Me.

14.2   For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me using the contact form provided on My site.

15.    Data Protection

15.1   Any and all personal information that I may collect will be collected, used and held in accordance with the provisions of the GDPR and your rights and My obligations under that legislation.

15.2    I may use your personal information to:

15.2.1   Reply to any communications you send to Me or, if you have signed up to receive further information that I may offer on My website, to send you the requested information.  Your information will not be used for any other purposes, for example you will not be added to a mailing list for marketing unless you have specifically consented to this at the point of signing up;

15.2.2   See 15.4 below regarding other data I may collect.

15.3       I will not pass on your personal information to any third parties.

15.4       When you use My site, we may have access to your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. I do not use this to identify you personally and it is used solely for general analysis of visitor browsing patterns and to identify popular content. The source of the usage data is My website host’s inbuilt analytics tracking system. This data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is my Legitimate Interests, namely monitoring and improving My website and services.

16.    Law and Jurisdiction

16.1   These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

16.2  If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3  If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms and Conditions, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.4   If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.