These Terms cover the use and our liability for the use of our website. For terms of business, please contact us.
Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.menkus.com website (the “Service”) operated by Menkus & Associates, Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Note that further terms may apply should you decide to engage in the services listed and provided for on this website.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of enquiries@menkus.com and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
2. Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, Menkus & Associates, Ltd., are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:
– Your contact details (including your name, email address, and daytime telephone number.)
– Identify the material in question – please include sufficient detail to enable us to identify the material in question.
– The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
You can contact us via email at enquiries@menkus.com
3. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Menkus & Associates, Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Menkus & Associates, Ltd..
4. Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Menkus & Associates, Ltd..
Menkus & Associates, Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Menkus & Associates, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. Termination
We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your use, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Indemnification
You agree to defend, indemnify and hold harmless Menkus & Associates, Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.
7. Limitation Of Liability
In no event shall Menkus & Associates, Ltd., nor its partners, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Menkus & Associates, Ltd. its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
9. Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Menkus & Associates, Ltd. ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Menkus & Associates, Ltd. or any person for whom Menkus & Associates, Ltd. is responsible, and even if Menkus & Associates, Ltd. has been advised of the possibility of such loss or damage being incurred.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
12. Privacy Policy
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
Contacting Us
If you have any questions about these Terms, the practices of this site, or your dealings with this site, please contact us at enquiries@menkus.com.
This document and website were prepared by Fraleigh Gordon LLP for the exclusive use of Menkus & Associates, Ltd., and was last updated on 03 September 2015 by Mr Ryan C Fraleigh. Any queries regarding changes to the content of this website including this document and their relevance to the creator can be directed to ryan.fraleigh@fraleighgordon.com, or by contacting the Fraleigh Gordon LLP switchboard on 020 3287 1588.