USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
1.1 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. OUR SERVICES
2.1 This Website acts as a facility to promote the work and services of Michael Stuart Green.
3.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 3.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 Subject to clause 3.1, no part of this Website may be reproduced in any way or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission; and where such permission is granted the original authorship and copyright of Michael Stuart Green must be clearly acknowledged.
3.4 Any rights not expressly granted in these terms are reserved.
4. Copyright in respect of the works themselves
4.1 Copyright to all works in themselves is vested in Michael Stuart Green as their creator and, upon his death, in his estate for a further seventy years thereafter. The sale of any individual work does not include its copyright unless specifically agreed in writing between the purchaser and Michael Stuart Green, or his estate, and a fee has been paid in respect of such transfer of copyright.
5. SERVICE ACCESS
5.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Michael Stuart Green logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Michael Stuart Green trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 6.2 for breach of these terms and to take any action we deem appropriate.
7.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 6.2.
8.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
8.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10. GOVERNING LAW AND JURISDICTION
10.1 These terms and conditions shall be governed by and construed in accordance with Scottish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.
10.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
11.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
11.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
12. TERMS AND CONDITIONS OF SALES
The purpose of this website is simply to catalogue my work and to advise which items are available for purchase and at what price.
Sales are effected by direct contact with Michael Stuart Green and not through the website as such. Prospective purchasers should contact Michael Stuart Green direct by email at email@example.com for details of availability, payment and carriage.
Each art-work is decribed as fully as possible in respect of materials, methods and dimensions.
All art-works are original; none is a copy nor a reproduction.
NB The use of the word "print" on this site denotes an art-work that has been originated, developed and printed by me using one or more authentic printmaking techniques, as described on the works' accompanying labels.
Since these are works of art it should not be expected that they are completely free of extraneous evidence of their manufacture, particularly outwith images' defined margins.
Buyers must ensure that they are fully conversant with the details and appearance of their intended purchase or purchases since returns are only permissible in the event of demonstrable and incontravertible damage in transit.
All prices are given in pounds (£) sterling (GBP) exclusive of postage or carriage charges.
Payment may be made either by sterling cheque; or by credit or debit card via PayPal for which a PayPal invoice will be issued.
Purchased works will not be released for consignment until the relevant payment has been cleared.
Copyright in respect of purchased works: see Clause 4, above.
Carriage is charged at cost. Within the UK most work is sent by Royal Mail Special Delivery; purchasers are notified of the parcel details and tracking number. Items are insured and a signature is required upon delivery. For destinations outwith the UK purchasers will be advised of available delivery services and costs before the conclusion of any sale.
Original prints and watercolours are mailed in stout postal tubes intended for the purpose. Paintings and drawings are mailed flat, protected by hardboard and bubble-wrap.
If, on arrival, the package appears to be damaged, evidence of the damage should be meticulously photographed before unpacking is started. Such evidence may be requested in the event of an insurance claim against the carriers.
All items should be unpacked with great care to ensure that contents are not damaged in the process. Original prints and watercolours should be removed from their mailing tubes as soon after receipt as possible and left in a clean, secure, safe place to flatten out again. They should be handled with great care at all times, preferably while wearing clean cotton gloves.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website;
(b) information that you provide to us for the purpose of registering with us;
(c) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
What is a cookie?
Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’).
What to do if you don’t want cookies to be set
Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website.
How do I disable cookies?
If you want to disable cookies you need to change your website browser settings to reject cookies. How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:-
For Google Chrome:
1. Click on the ‘spanner’ icon then ‘Settings’
2. Scroll down to Privacy and click on ‘Content settings’
For Microsoft Internet Explorer:
1. Choose the menu “tools” then “Internet Options”
2 Click on the “privacy” tab
3 Select the setting the appropriate setting
For Mozilla firefox:
1. Choose the menu “tools” then “Options”
2 Click on the icon “privacy”
3 Find the menu “cookie” and select the relevant options
For Opera 6.0 and further:
1. Choose the menu Files”> “Preferences”
What happens if I disable cookies?
This depends on which cookies you disable, but in general the site may not operate properly if cookies are switched off.
(3) Using your personal data
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send you general (non-marketing) commercial communications;
(e) send you email notifications which you have specifically requested;
(f) send to you marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(g) provide third parties with statistical information about our users - but this information will not be used to identify any individual user;
(h) deal with enquiries and complaints made by or about you relating to the website; and
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
(5) International data transfers
Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
(7) Policy amendments
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Last Updated: 28/03/14