1.1 We, ColArt Contract Manufacturing Limited trading as “Reeves”, a company registered in England & Wales under number 02496559 whose registered office and main trading address is The Studio Building, 21 Evesham Street, London W11 4AJ, own and operate this website (our “Site”). Our VAT number is GB 541394155.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Site you agree to be bound by these terms and conditions which govern your use of our Site. The sale of goods through our Site is governed by separate sale terms and conditions.
If you do not agree to these terms, you must not use our Site.
We recommend that you print a copy of these terms for future reference.
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 “Comment” means any review, comment or rating.
2.1.2 “Consumer” means an individual acting for purposes that are wholly or mainly outside his or her trade, business, craft or profession.
2.1.3 “Content” means all information including text, artwork, images, photos, videos, messages, Comments etc. which are published, stored or sent on or in connection with our website site.
2.1.4 “User” means a person who uses our website Site (whether or not registered with us).
3. Changes to terms and conditions
3.1 We may change these terms and conditions from time to time. We will endeavour to post the revised version on our Site at least 14 days before they become effective. You will be bound by the revised terms and conditions if you continue to use our Site following their effective date.
4. Use of our site
4.1 You are not eligible for, and must not use or register on, our Site if you are below 14 years of age.
4.2 We grant you a limited personal right to use our Site subject to these terms and conditions.
4.3 You agree that you will not in connection with our Site:
4.3.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.3.2 engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
4.3.3 publish or send any Content which involves revealing any personal data of another person (that is, information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of that person;
4.3.4 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
4.3.5 use the website for junk mail, spam and pyramid or similar or fraudulent schemes;
4.3.6 do anything which may have the effect of disrupting the our Site including worms, viruses, software bombs or mass mailings;
4.3.7 gain unauthorised access to any part of our Site or equipment used to provide our Site;
4.3.8 copy any of the Content (including but not limited to User generated content such as artwork, uploads, comments, and Comments amongst other things) for any purpose except as allowed under these terms and conditions or with our prior written authorisation;
4.3.9 disclose to any third party any user identification codes, passwords or any other piece of information as part of our security procedures;
4.3.10 modify any paper or digital copies of any materials you have printed off or downloaded from our Site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
4.3.11 use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or if applicable; our licensor; or
4.3.12 attempt, encourage or assist any of the above.
4.4 You must comply with any guidelines or requirements on our Site (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or through our Site). You must promptly comply with any reasonable request or instruction by us in connection with our Site.
5. Your Content
5.1 You are responsible for your Content.
5.2 You must ensure that your Content is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property rights (such as infringement of copyright) or other rights. You must ensure the Content is not defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
5.3 Inclusion of your Content on our Site is in our absolute discretion. We reserve the right to remove your Content without giving reasons without notice to you even if we have previously approved it.
5.4 If you post a Comment, you promise that it is your independent, honest and genuine opinion.
5.5 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by our Site and these terms and conditions.
5.6 Without prejudice to our above rights regarding removal of Content, we reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.8 It is your responsibility to make your own backup of any Content uploaded to our Site to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.9 We reserve the right to irretrievably delete or disable your Content if we are to no longer own or operate our Site or if your account has been inactive for at least one month and the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
6. Content of other Users
6.1 We do not recommend Content of other Users. If we showcase any artists, this is purely our opinion. You rely on all such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.
6.2 You accept that we have no obligation to vet or monitor other Users. It is your responsibility to carry out careful and detailed investigations before dealing with another User. You should be aware that a person may not be who he or she claims to be.
6.3 You acknowledge that in using our Site you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by using any report button or through the contact us page. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received. All complaints must clearly explain the reason for complaint.
6.4 You acknowledge that we permit Users to post Comments in relation to your Content, events or otherwise and that these will be publicly available for viewing and will remain so for as long as we own or operate our Site. We are not responsible for monitoring or editing such Comments nor are we to be considered the primary publisher. You acknowledge that Comments may be critical or defamatory of you.
6.5 The views expressed by the other Users to our Site do not represent our views and values.
6.6 If you wish to complain about information and materials uploaded by other Users please contact us on firstname.lastname@example.org. If the uploaded material is defamatory, we will ask you to provide further information in order that we may properly deal with your complaint.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our Site is intended as general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
8.1 Your account on our Site is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 We may at any time without cause immediately cancel including your right to use of our Site.
9.2 Following cancellation, your right to access our Site, any accrued rights and liabilities are unaffected. All paragraphs of these terms and conditions which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Site if we have cancelled access to our Site.
10. Functioning of our website
10.1 We cannot guarantee that our Site will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend access to our Site for repair, maintenance, improvement or other technical reasons.
11.1 Whether you are a Consumer or not:
11.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our sale terms and conditions.
11.2 If you are not a Consumer:
11.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
11.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our Site; or (b) use of or reliance on any Content displayed on our Site.
11.2.3 In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
11.3 If you are a Consumer:
11.3.1 Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.3.3 You will indemnify us against all claims and liabilities directly or indirectly related to your use of our Site and/or breach of these terms and conditions.
11.3.4 These terms and conditions constitutes the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12. Intellectual property rights
12.1 All trade marks, logos, Content, and software used on our Site are our intellectual property or that of other Users or our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Site or deep-link to or frame Content on our Site without our specific prior written consent.
12.3 You must not circumvent or otherwise interfere with any security related features of our Site or features that limit or prevent copying of Content or which restrict use of Content.
12.4 You retain ownership of copyright in your artwork and other Content. If you publish any Content on our website, you grant us a worldwide, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our Site and other websites owned by us, including all language versions, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Site. The licence ends when you close your account unless and to the extent that your Content has already been shared with others who have not deleted it or it persists in backup copies.
12.5 You also grant each User a licence to use your Content to the extent expressly permitted by these terms and conditions.
12.6 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Site (“Submissions”) which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Third party websites
We may link to third party websites and resources which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for or have control over, those sites or the goods or services which they offer. You use such third party sites at your own risk.
15. Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
We may transfer all or part of our rights or duties under these terms and conditions provided we take reasonable steps to ensure that your rights under them are not prejudiced. You may not transfer any of your rights or duties under these terms and conditions without our prior written consent.
17.1 We may contact you by email to the most recent email address you have supplied to us (unless otherwise stated in these terms and conditions).
17.2 Headings used in these terms and conditions are for information and not binding.
17.3 Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (that is, that it cannot be enforced later).
17.4 If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these terms and conditions shall continue to apply.
17.5 A person who is not a party to these agreement shall have no rights to enforce any term of these terms and conditions except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our Site or write to our address shown at the start of these terms and conditions.
19. English Law
19.1 If you are not a Consumer, these terms and conditions shall be governed by English law. You and we both agree that any disputes will be decided only by the courts of England and Wales which shall have exclusive jurisdiction.
19.2 If you are a Consumer, please note that these terms and conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.