Please note that any agreement to provide Services will be governed by our Supplier Terms and Conditions, in addition to these Terms, and will be provided to you separately.
1.1 Virtualstock Limited is a company registered in England under number 05078942, registered office One Valpy, 20 Valpy Street, Reading RG1 1AR.
2. AVAILABILITY AND CONDITIONS OF USE
2.1 The Site is made available to you by us. While we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
2.2 As a condition of your use of the Site, you agree:
2.2.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms; and
2.2.2 not to defame, disparage any body or in a manner which is obscene, derogatory or offensive;
2.2.3 to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations. If you choose to access the Site from locations outside the UK, you are responsible for compliance with applicable local laws;
2.2.4 to be responsible for all costs and expenses you may incur in relation to your use of the Site; and
2.2.5 to be responsible for keeping your password and other account details confidential.
2.3 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any policies to which they refer or any applicable law.
3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
3.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.
3.2 You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us. You may not adjust or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site.
3.3 Any intellectual property rights (including without limitation all patents, copyright, database rights, domain names, design rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Site belong to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these Terms grants you any rights in the Site or the content within the Site.
4.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, free from bugs or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
4.2 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
4.3 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
4.4 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.
5. COOKIES AND OTHER INFORMATION-GATHERING TECHNOLOGIES
6. HYPERLINKS AND THIRD PARTY SITES
6.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the Terms of that third party site.
7. WARRANTIES AND LIMITATION OF LIABILITY
7.1 You agree that your use of the Site is on an 'as is' and 'as available' basis. Consequently, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
7.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
7.2.1 any error or inaccuracies in any information or material within or relating to the Site;
7.2.2 the unavailability of the Site for whatsoever reason; and
7.2.3 any representation or statement made on the Site.
7.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site.
7.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
8. EVENTS BEYOND OUR CONTROL
8.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
9.1 If you are in breach of any of these Terms, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
10.1 We reserve the right to vary these Terms from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
10.2 These Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
10.3 Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
10.4 These Terms are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.