Terms & conditions
last updated 22 november 2018
Any person or entity (“User“) using or accessing the site at www.charliewinston.com (“Site”) or any information contained within the site agrees to be bound by the following terms and conditions of this user agreement (“Agreement“).
Contracting parties. When you use the Site you are contracting with AFishant Records Ltd, a company registered in England whose registered office is at 89 New Bond Street, London W1S 1DA. AFishant Records Ltd is referred to in these terms and conditions as “we“, “us“, “our” or “AFRL”.
Passwords. If you are issued with a username and/or password, you agree: to keep your username and password secure and confidential and to not allow anyone else to use your email address, username and/or password to access the Site; to not do anything which would assist anyone who is not a User to gain access to any secured area of the Site and; to not create additional User accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to AFRL and to others for all activity that occurs under and User account allocated to you.
Content. The Site is intended only for the purposes specified therein, and your use of the Site and/or all content contained within either, including without limitation photographs, video material, artistic designs, software and applications, printed media and “Virtual Tours” in HTML5/Flash formats (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. AFRL, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to XXX@charliewinston.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
Use of the Services. The Site provides only the services detailed therein. From time to time other services may be made available via third party links or other functionalities but we provide no warranties regarding the Services or any such additional services and we reserve the right to withdraw any elements or functionalities at any time without liability.
Liability. You agree that the liability of AFRL to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to AFRL for its products or services; and (b) one hundred pounds (£100). Except as set out herein, AFRL shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site and/or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of AFRL.
Indemnity. You agree to indemnify AFRL for any loss or damage that may be incurred by AFRL, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify AFRL for all loss or damage incurred by AFRL in relation to any third party claim against AFRL for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
Termination of this Agreement. AFRL may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
Trade Marks. The brands, products and service names used or appearing within the Site (including without limitation, “Charlie Winston”) are the trademarks or trade names of AFRL or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines except as expressly approved in writing by us.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the Site in any manner. If you in any way Interfere with the Site you agree to pay all damages incurred by AFRL. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud AFRL or any other parties through your use of the Site or services provided via either. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder is caused by events outside our reasonable control.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
No Assignment. You may not assign or sub-contract any of your rights or obligations under this Agreement to any third party unless agreed upon in writing by AFRL.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site constitutes agreement with and acceptance of any such amendment or other changes.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
Contacting Us. You may contact us via info@AFRL.co.uk.