Terms of Use
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.albumparrot.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
1. Introduction
1.1 – By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 – Album Parrot may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website
2. License
2.1 – You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way
(b) no graphics on the Website are used separately from the corresponding text
(c) Album Parrot’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 – Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Album Parrot or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 – Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Album Parrot’s prior written permission.
2.4 – Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 – While Album Parrot endeavours to ensure that the Website is normally available 24 hours a day, Album Parrot shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 – Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Album Parrot’s control.
4. Visitor Material And Conduct
4.1 – Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Album Parrot shall have no obligations with respect to such material. You retain all ownership rights to Content uploaded to Album Parrot. However, by submitting Content to Album Parrot, you hereby grant Album Parrot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website. From time to time, we may request additional permission to use your content for promoting and redistributing part or all of the Website.
4.2 – By publishing a link to your Content, you also hereby grant each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Use.
4.3 – You are prohibited from posting or transmitting to or from the 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; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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 any 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).
4.4 – You may not misuse the Website (including, without limitation, by hacking).
4.5 – Album Parrot shall fully co-operate with any law enforcement authorities or court order requesting or directing Album Parrot to disclose the identity or locate anyone posting any material in breach of clause 4.3 or clause 4.4.
5. Links to and from other websites
5.1 – Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Album Parrot has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Album Parrot therefore does 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 the Website, you do so entirely at your own risk.
5.2 – If you would like to link to the Website, you may only do so subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the logo of Album Parrot or any of its associated subsidiary or affiliated companies;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Album Parrot is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Album Parrot nor present any other false information about Album Parrot;
(e) you do not otherwise use any trade marks either of Album Parrot or any of its associated subsidiary or affiliated companies displayed on the Website without express written permission from Album Parrot;
(f) 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.
5.3 – Album Parrot expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 – You shall fully indemnify Album Parrot for any loss or damage suffered by Album Parrot or any of its group companies for breach of clause 5.2.
6. Subscriptions
6.1 – Each subscription is for a single user or legal entity only. Album Parrot does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 – Responsibility for the security of any passwords issued rests with you.
6.3 – Subscription fees are subject to change without prior notice. Fee changes will never affect current subscriptions, until you upgrade or downgrade your plan.
6.4 – When changing plans during a subscription period, the charge for that period will be prorated between the two plans unless switching to a Pay as Go plan from a Pay Monthly plan. Where the account balance is greater than the amount due, the payment due will be deducted from the credit balance. When switching to a Pay as you Go plan from a Pay Monthly plan, your subscription will be charged to the end of the current billing period, but the switch to the Pay as You Go plan will take effect immediately.
6.5 – Unless otherwise instructed, the Website will renew your subscription automatically at the end of each billing period. You must notify the Website by using the support desk of your wishes to discontinue service no less than 5 calendar days prior to the end of a billing period; otherwise the Website reserves the right to renew your subscription and charge you accordingly. In the event that your account becomes delinquent and the Website is not able to collect amounts owed, the Website reserves the right to limit your access to the Website until the account is brought current. The Website reserves the right to terminate delinquent accounts at the Website’s discretion. Nothing in this document shall limit the Website’s right to pursue all remedies allowed by law to collect on delinquent accounts.
6.6 – You may not switch from a pay monthly or pay annual plan to a pay as you go plan within 3 months of starting or switching to a pay monthly or pay annual plan.
6.7 – Digital apps and proofs must not be used more for than one client or job on a pay as you go plan.
7. Cancellations and Refunds
7.1 – Subscriptions can be cancelled at any time by a request to the support desk.
7.2 – Upon cancellation, any content you have stored on the Website may no longer be retrieved, so you should make a backup copy of any such content on a regular basis and before terminating your plan. We will not be held liable for any loss of content.
7.3 – For cancellations made any time in the middle of a billing cycle, your plan will be terminated at the end of the billing cycle and no further payment will be drafted or billed. No prorated refunds will be given for cancelled subscriptions.
7.4 – No refunds will be given after 120 days of the charge for any reason
8. Disclaimer
8.1 – While Album Parrot endeavours to ensure that the information on the Website is correct, Album Parrot does not warrant the accuracy and completeness of the material on the Website. Album Parrot may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Album Parrot makes no commitment to update such material.
8.2 – The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Album Parrot provides you with the Website on the basis that Album Parrot excludes 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 this legal notice, might have effect in relation to the Website.
9. Liability
9.1 – Album Parrot, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Album Parrot’s 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 the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 – Nothing in this legal notice shall exclude or limit Album Parrot’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 – If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with Scots law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Scottish courts.
These terms and conditions were last updated on 1st December 2015.