These Terms were last updated on 18 July 2017.
Your attention is in particular drawn to our terms governing limitation of liability at paragraph 13.
1. INFORMATION ABOUT US
The website is operated by The Association of Illustrators Limited (“us” or “we”). We are registered in England and Wales under registered company number 01237440. Our registered office address is Somerset House, T7 3rd Floor Somerset House, Strand, London WC2R 1LA. Our VAT number is GB39382701. You can contact us by email at [email protected]
2. OTHER APPLICABLE TERMS
2.1.3 Our Shop Terms of Sale, which set out the conditions of sale that apply to you when you purchase any goods and services from the online shop on our website (“Online Shop”).
3. ACCESSING AND USING THE WEBSITE
3.1 Access to the website is made available to you free of charge, although charges will be incurred for certain goods and services available from our Online Shop. We will always make it clear to you when charges apply.
3.2 Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not register with or provide any personal information to the website. If you have already done so, please contact us. By accessing and using the website, you confirm that you are aged 16 or over.
3.3 The website is intended for use only by those who can access it from the UK. You are only permitted to access and use our website outside the UK if it is legal to do so in your location. If you choose to access the website from locations outside of the UK, you are responsible for compliance with local laws where they are applicable.
3.4 We shall use reasonable endeavours to make the website available 24 hours a day, seven days a week, except for when there is planned maintenance or unscheduled urgent maintenance. However, we do not warrant that the website will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the website or any content on it without notice to you. From time to time, we may restrict access to some parts of the website, or the entire website, to some or all users and, if the need arises, we may close the website indefinitely. Subject to paragraph 6.8 of the Shop Terms of Sale, we shall not be liable to you if for any reason the website is unavailable at any time or for any period.
3.5 You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them.
4. REGISTERING ON THE WEBSITE
4.1 If you wish to sign up for membership of the AOI or subscribe for our portfolio service, you will need to register a membership or subscription account (“Account”) with us by visiting the joining page and completing the registration and payment pages for your chosen account option.
4.3 You undertake to provide full, accurate and true information about yourself when creating an Account and to ensure that such information is regularly updated to ensure that it remains full, accurate and true in all respects.
4.4 When you register an Account, you will be given the opportunity to choose a username and password as part of our security procedures. You undertake to keep your Account details (including username and password) secure and confidential and must not disclose such information to a third party. If you know or suspect that anyone other than you knows your Account details, you must promptly notify us at [email protected]
5. EVENT TICKETS
5.1 The events advertised on the website include those organised by the AOI (“AOI Events”) and those organised by third parties (“Third Party Events”).
5.2 Tickets for any AOI Events will either be sold directly through the website or through Eventbrite, Inc (“Eventbrite”). Our terms and conditions applicable to AOI Events can be found in our Shop Terms of Sale and further terms may be displayed at the point of purchase. However, the Eventbrite terms and conditions will also apply to any purchases made through Eventbrite’s website.
5.4 If you wish to advertise your events on the website and/or make event tickets available on the website, you may email your request to us at [email protected], although we are under no obligation to agree to your request and may refuse it in our sole discretion.
6. COMPETITIONS AND AWARDS
6.1 If you enter into a competition or award, you will be notified of the specific terms and conditions that apply and your entry will be conditional on your acceptance of those terms and conditions.
7. NOTICE AND TAKE DOWN POLICY
8. COMMENTS AND COMPLAINTS
8.2 We will always endeavour to resolve any complaint you may have. However, if we are unable to resolve any dispute which may arise between us, either party is entitled to seek further recourse through the Online Dispute Resolution Platform. Operated by the European Commission, the ODR Platform is an online platform providing businesses and customers in the European Union with a forum for resolving online sales disputes without the need to go to court. The dispute resolution services available on the ODR Platform are provided free of charge, although neither you nor we are under any obligation to participate. Our email address is [email protected]
9. SUSPENSION AND TERMINATION
9.1 We may suspend indefinitely or terminate your access to our website at any time without notice or liability to you if:
- 9.1.2 you are in breach of any other agreement that may exist between you and us (including without limitation in relation to any membership or subscription you may have with us) and we are entitled to terminate that agreement or suspend the provision of any goods or services under it; or
- 9.1.3 we have reason to believe that your Account, or any of your Account details, have been compromised in any way; or
- 9.1.4 we are required, or have reason to believe that we are required, to do so by any law or regulation.
9.3 If we terminate your Account for any reason, you shall not seek to create a new account on the website (under your existing or any new trading or other name) or otherwise access or use the website without our written consent.
10. INTELLECTUAL PROPERTY
10.2 The website and all content displayed on it are protected by copyright laws and treaties around the world. All such rights are reserved.
10.3 Please check whether material on the website is protected by copyright before making copies. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 The author (and that of any identified contributors) of material on the website must always be acknowledged.
10.5 You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or the relevant licensors.
11. ACCEPTABLE USE
11.1 You may use our website only for lawful purposes. You may not use our website:
- 11.1.1 in any way that breaches any applicable local, national or international law or regulation;
- 11.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 11.1.3 for the purpose of harming or attempting to harm minors in any way;
- 11.1.4 to send, knowingly receive, upload, download, use or re-use any material which: (i) is offensive, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent or discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringes any copyright, database right or trade mark of any other person; (iii) is in breach of any legal duty owed to a third party such as a duty of confidence; (iv) promotes an illegal activity; (v) invades another’s privacy; or (vi) could be used to impersonate any person or misrepresent your identity or affiliation with any person or body;
- 11.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- 11.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or technologically harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.2 You agree not to access without authority, interfere with, damage, overburden or disrupt:
- 11.2.1 any part of our website;
- 11.2.2 any equipment or network on which our website is stored;
- 11.2.3 any software used in the provision of our website or our goods and services; or
- 11.2.4 any equipment or network or software owned or used by any third party.
11.3 We reserve the right to take down from our website any user-generated content which breaches our content standards, in accordance with our notice and take down policy at paragraph 7.
12.1 The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date.
12.2 We do not routinely vet, check or review any third-party material prior to publication on the website (including but not limited to content uploaded by users) and nor do we endorse such material in any way. You therefore rely on any materials provided by third parties (including without limitation Third Party Event organisers) entirely at your own risk.
13. LIMITATION OF OUR LIABILITY TO YOU
- 13.1.1 death or personal injury caused by negligence;
- 13.1.2 fraud or fraudulent misrepresentation; or
- 13.1.3 any other liability that cannot be excluded or limited under applicable law.
13.2 Subject to paragraph 13.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- 13.2.1 loss of income or revenue;
- 13.2.2 loss of profits;
- 13.2.3 loss of sales or contracts;
- 13.2.4 loss of business or business opportunity;
- 13.2.5 loss of or damage to goodwill;
- 13.2.6 loss of or damage to your intellectual property rights;
- 13.2.7 loss of or corruption to data;
- 13.2.8 loss of anticipated savings;
- 13.2.9 wasted management or office time; or
- 13.2.10 any indirect, special or consequential loss,
arising under or in connection with your use of or inability to use the website, or your use of or reliance on any content displayed on the website. Nothing in this paragraph 13.2 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
13.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
13.4 Third Party Event organisers are solely responsible for all aspects of their events and we expressly exclude all liability in relation to the organisation, content, hosting, conduct and fulfilment of any Third Party Event.
13.5 You are solely responsible for the legality of any content you upload to the website. You indemnify us and will keep us indemnified against all losses, damages, costs, expenses and liabilities we may suffer or incur as a result of a third-party claim against us arising directly or indirectly from or in connection with any content you upload to our website..
13.6 Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third-party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.
13.7 We will not be liable for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
13.8 We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and website in order to access the website. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.
14. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
15. VIRUSES, HACKING AND OTHER OFFENCES
15.1 You must not misuse the website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or technologically harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack.
15.2 By breaching paragraph 15.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
16. LINKING TO THE WEBSITE
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2 The website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the acceptable use terms at paragraph 11.
16.3 If you wish to make any use of material on the website other than that set out above, please address your request to [email protected]
17. LAW AND JURISDICTION
17.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. However, if you are a consumer resident in Northern Ireland, you may bring proceedings in the courts of Northern Ireland or England and Wales and if you are a consumer resident in Scotland, you may bring proceedings in the courts of Scotland or England and Wales.
18.2 We may update and change the website from time to time, for example, to reflect changes to our guidance for illustrators, news items, the variety of products offered or the terms of purchase of these. We will try to give you reasonable notice of any major changes.
Thank you for visiting the website.