Terms and Conditions

BY USING THIS SITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND SERVICES. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND WE MAY REFUSE ACCESS TO THE SITE OR SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF USE.

 

Service

Access to the website shall provide users with access to the Services and further online tools and resources.

In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

 

Term

The Term begins when you sign up and continues throughout your usage of the Service. Clicking the button means that you have agreed to accept these terms. You represent and warrant that you have the authority to accept these Terms on anyone else’s behalf.

Intellectual property rights Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to www.themagicoctopus.co.uk existing now or in the future shall be owned by Magic Octopus Limited and is protected by trademark, trade dress, copyright, and other intellectual property rights laws.You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we described on our website and within the scope of these terms.Restrictions of use of the Site and ServicesYou shall not use our Services to submit or otherwise any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) that violate (intentionally or unintentionally) a contractual, or confidentiality obligation or duty You have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights including intellectual property rights. You shall not interfere with or disrupt the Site or Services. In addition, you shall not use a false email address or otherwise mislead us as to your identity or the origin of a message or content.

 

Data Protection

Your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us or from third parties. If you have indicated that you wish to receive email updates your personal details will be included on a database compiled for this specific purpose. The service may include Products, Content, and Services from third parties.  As well we may include links to third party websites, which are provided solely as a convenience to you.  We assume no liability or responsibility for third-party materials or websites, and you acknowledge and agree that we are not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

 

Indemnity

By using this Service you agree to indemnify and hold us harmless and our agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including legal fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, and to reimburse us on demand for any losses, costs or expenses they incur as a result thereof. Either you or us may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. No refunds will be available to you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website.

 

Governing Law

The laws of the United Kingdom and Wales.

 

Disclaimers

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time we may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.

 

Under no circumstances shall we be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Products, Service, or Content, even we have been advised of the possibility of such damages.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk.  The Service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, and to the maximum extent allowed by applicable laws disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.