Studio Smile Website Terms and Conditions and Copyright
www.studio-smile.com is a site operated by Re-worked Ltd (we or us). We are registered in England and Wales under company number 07415382, registered at The Round House, Rock Mill, Abermule, Powys, SY15 6NN
Prices
All prices are stated in British Pounds Sterling. Prices exclude taxes, local import duties or other surcharges that are raised by your government upon import of goods. Smile Plastics reserves the right to review the prices displayed on this website at any time.
Website Terms
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Smile Plastics’ privacy policy.
License to use website
Unless otherwise stated, Smile Plastics and/or its licensors own the intellectual property rights in the website and material on the website. All intellectual property rights are reserved.
You must not:
- republish material from this website including republication on another website;
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- redistribute material from this website except for content specifically and expressly made available for redistribution
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
Acceptable use
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website use policy
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Smile Plastics a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Smile Plastics Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Smile Plastics or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Smile Plastics reserves the right to edit or remove any material submitted to this website, or stored on Smile Plastics’ servers, or hosted or published upon this website.
Notwithstanding Smile Plastics rights under these terms and conditions in relation to user content, Smile Plastics does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Smile Plastics makes no representations or warranties in relation to this website or the information and materials provided on this website. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Without prejudice to the generality of the foregoing paragraph, Smile Plastics does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
If you require advice in relation to any legal matter you should consult an appropriate professional.
Limitations of liability
Smile Plastics will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Smile Plastics has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Smile Plastic’s liability in respect of any:
- death or personal injury caused by Smile Plastics’ negligence;
- fraud or fraudulent misrepresentation on the part of Smile Plastics or
- matter which it would be illegal or unlawful for Smile Plastic to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Smile Plastics has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Smile Plastics’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Smile Plastics officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Smile Plastics.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Smile Plastics and undertake to keep Smile Plastics indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Smile Plastics to a third party in settlement of a claim or dispute on the advice of Smile Plastics (legal advisers) incurred or suffered by Smile Plastics arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Smile Plastics other rights under these terms and conditions, if you breach these terms and conditions in any way, Smile Plastics may take such action as Smile Plastics deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Smile Plastics may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Smile Plastics may transfer, sub-contract or otherwise deal with Smile Plastics rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions together with the privacy policy, constitute the entire agreement between you and Smile Plastics in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the UK’s Governing Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the UK.
Smile Plastic’s details
Smile Plastics Ltd is currently trading under Re-worked Ltd.
Re-worked Ltd is registered in the UK under registration number 07415382.
Re-worked Ltd’s registered address is The Round House Rock Mill, Abermule, Montgomery, Powys, SY15 6NN.
You can contact Studio Smile by email to hello@studio-smile.com.
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Re-worked Ltd.
Copyright license
Smile Plastics grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website
Smile Plastics does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Smile Plastic’s prior written permission.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by writing to info@smile-plastics.co.uk
Enforcement of copyright
Smile Plastics takes the protection of its copyright very seriously.
If Smile Plastics discovers that you have used its copyright materials in contravention of the license above, Smile Plastics may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Smile Plastics’ copyright materials that contravenes or may contravene the license above, please report this by email to info@smile-plastics.co.uk or by post to Re-worked, The Round House Rock Mill, Abermule, Montgomery, Powys, SY15 6NN
Infringing material
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to info@smile-plastics.co.uk or by post to Re-worked, The Round House Rock Mill, Abermule, Montgomery, Powys, SY15 6NN.
Credit
Parts of this document was created using a Contractology template available at http://www.freenetlaw.com