Terms
TERMS OF SERVICE
Effective Date: 1st January 2016
GENERAL
This website (the “Site”) is owned and operated by Lexi Ladies Academy, Ltd., 27 Old Gloucester Street, London, WC1N 3AX. Company Number 10283036 (“Company,” “we” or “us”). By using this Site, you agree to be bound by its Terms of Service and to use the Site in accordance with these; Terms of Service, Privacy Policy, Disclaimers and all and any additional terms and conditions that may be applicable to specific parts of the Site or to any of the products and services available through the Site or elsewhere from the Company.
Accessing the Site, in any way, whether automated or otherwise, will constitute ‘use’ of the Site and an agreement by you to be bound by the terms and conditions of these Terms of Service.
We reserve the right to modify these Terms of Service or to introduce any new conditions relating to the use of the Site as the Company may deem fit and in such case we will display, notify and bring to your attention any revised Terms of Service that may be included and become effective on the Site. By continuing to use the Site, following implementation of such changes, you accept the Terms of Service, as added, substituted or modified.
OUR LIMITED LICENSE TO YOU.
This Site and all contents available and displayed on the Site remain the property of the Company, its associates and affiliates and protected by the relevant copyright, trademark and other intellectual copyright property laws. The Site is provided only for your personal use and not for commercial purpose. You may not use any contents or material contained in the Site in a manner, that may in any way, constitute as an infringement of our rights or as a breach of the relevant law or that has not been expressly authorized by us. Further, unless explicitly or expressly authorized in these Terms of Service or by the author, creator and as such, the legal owner of the materials, it is forbidden for you to copy, modify, create, upload, reproduce, transmit, distribute, republish, translate, post, sell or otherwise exploit, in any form mechanically or electronically, in whatever form, manner or medium, including email or other electronic recording, reproducing or modifying machinery or apparatus that may infringe the relevant law as it applies to legal copyright. It is permissible however, for you to download and print a single copy of any individual page from the Site for personal use and not for commercial purpose, provided that the terms, conditions and intellectual property rights, as laid out, are adhered to and strictly complied with, which includes any other relevant and proprietary notices applicable.
YOUR LICENSE TO US
By uploading, emailing, posting or submitting material, which content may include, without limitation; blog text, photographs, comments or videos to the Company and onto the Site, it must be made clear you are indicating and representing that, you are the originator or owner of the material or are sending, transmitting or transferring such material with the express consent of the author or owner of the material that holds claim to the legal copyright of such material, as can be tested in law.
Also, that your age is eighteen years of age or older and further, that when you are submitting or posting any material, as described for the purposes of copyright law, you are, by so doing, granting to us and anyone expressly or explicitly authorized by us, a perpetual, royalty-free, unrestricted, irrevocable and non-exclusive, worldwide license to; copy, modify, create, upload, reproduce, transmit, distribute, publish, translate, post, sell or otherwise exploit, in any form mechanically or electronically, which includes email or other electronic means, machinery or apparatus to reproduce, copy, modify, transmit, sell, exploit, create new works from, distribute, use for display or perform in any public arena and shall apply to such material, whether in its entirety or in part and in whatever form, manner or medium that is known to currently exist or may be developed hereafter and is applicable for this and any other purpose.
This acceptance by you in granting us these rights, includes the right to exploit any proprietary rights in such submissions and transference, as described, that include but do not limit any rights under copyright, logo, trademark, promotional branding or laws of patents pending or existing, as held under the relevant and applicable jurisdiction governed in law.
Further, as set out within the exercise of such rights, you grant to us and to anyone expressly or explicitly authorized by us, the right to acknowledge and identify you as the author of any of the submissions you post to us by name, email address, stage name or any other identifiable means to satisfy this purpose, as we deem applicable and appropriate.
Any contributions originated or created by you for us is acknowledged by you and further, that you agree that such contributions shall constitute “work made for hire” and within the extent of this definition is governed by Section 101 of the United States Copyright Law as amended.
Accordingly, these copyrights, as described and defined in those specific works shall be owned by the Company and as such, it follows that the author and exclusive owner will be deemed as being the Company and thereby, shall have the right to exploit all or any of the proceeds in all or any media, which for the purposes of these definitions, shall now be known or devised hereafter, in all languages and representation across the entire world, in perpetuity and as the Company shall determine.
Should it occur that any of the proceeds and results of your submissions or postings, as defined, are not deemed to be a “work made for hire” under Section 101 of the Copyright Act, as amended and, without additional compensation, convey, irrevocably assign and transfer to the Company, all proprietary rights, that include without limitation, all copyrights, logos, trademarks, promotional branding or laws of patents pending or existing, as held under the relevant and applicable jurisdiction governed in law all copyrights, trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, across the entire world and in perpetuity.
Any reproductions of prior works and such material posted by you, are hereby deemed to be co-owned by us.
You further accept and acknowledge that the Company has the right but is not under any obligation to use and display contributions and postings of any sort and that the Company may, in certain circumstances, choose to discontinue the use and display of any such materials, as described or any part thereof and at any time or reason, whatsoever.
PROCESS OF REGISTRATION
In order to access specific features represented on the Site, from time to time, particular information relating to demographics may be requested, which includes your name and email address and if you choose to sign-up for a particular feature on the Site, such as bulletin boards, chat rooms or web logs, you may also be asked to register with us, utilizing the appropriate form provided and you may be required to provide personally identifiable information such as your name and email address within such registration process. In completion of such registration process, you agree to provide accurate, true and verifiable information that is both current and complete relating to yourself as instructed by the Site’s official registration form.
In the event that we have any reasonable and justifiable grounds to suspect that any of the requested information submitted by you should be untrue, inaccurate, misleading or incomplete, we reserve the right to suspend or terminate your account and to refuse all and any current or future use of the Site or part thereof and it must be understood that any use we may make of any of the identifiable personal information provided to us by you, as part of the registration process, is governed by the terms of our Privacy Policy.
DISCLAIMERS
All information, products and services offered on or through the site and by the Company is provided as it appears and as described excludes any guarantees or warranties of any kind, whether expressly or implied. In accordance with the relevant and applicable law, all warranties, express or implied are disclaimed by us, that include but are not limited to any implied warranties that may relate to an acceptable standard of quality of a service or associated products of a service and fit for purpose as regulated by the relevant and law applicable and we do not guarantee that the site or any of its functions may be free of any functional errors that may occur and that any defects will be corrected or amended or that any part of this site, including bulletin boards or the servers that provide such programs that are virus-free or other detrimental origins.
We do not warrant or make any representations regarding the results of using the site or any of its contents, as to their accuracy, reliability, correctness or other similar condition applicable.
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At all times, you agree to indemnify harmless the Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or relating to your breach of any obligation, warranty, representation or covenant set forth herein.
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LIMITATION OF LIABILITY
Under no circumstances whatsoever, will the company be liable for any direct, indirect, incidental, special or consequential damages that may result from the use of or the inability to use, the information contained in this course, that include the Company’s or third-party materials, products and services, made available through the Lexi Ladies Academy Ltd., website that may include connected or affiliated sites, irrespective of being advised in advance of the possibility of such damages.
Please note that, as there exist some states that do not allow exclusion or limitation of specific classes of damages, the limitation, as set out above, may not be applicable to you and our liability and the liability of our subsidiary or parent companies or affiliates or associates is limited to the furthermost extent permitted by such state law that exists and is in force in such states.
If it should be that you are you are in any way dissatisfied with the site or any of the materials, products or services displayed on the site or with any of the terms and conditions contained therein, your exclusive remedy applicable, is to discontinue to use the site and materials, products and/or services that include our subsidiaries parent companies and/or, associates and affiliates but that are not limited to negligence.
This site is continually under development and the Company makes available no warranty of any kind, whether implied or express, as to its accuracy, completeness or appropriateness for any purpose.
THIRD PARTY LINKS
The Site provides access to products and services offered by third parties and include links to other websites, whose privacy policies we do not control. When you access an alternative website or purchase third-party products or services via the Site, use of any such information which you provide is governed by the privacy policy operator of the site that you are visiting or the provider of such products or services.
We are not liable for the operator’s conduct that affects such a website and your correspondence, participation or involvement in business dealings or transactions with any third party to be found on or via our Site, in regard to payment and delivery of specific products and services and include any other terms and conditions, warranties or representations associated with such business dealings and are exclusively between you and such a third party. Accordingly, you agree that the Company shall not be responsible or liable for any loss, damage or other applicable matters of any kind that is incurred from any results of such dealings.
TESTIMONIAL
As part of subscribing to the course and as an addition to the course fee paid, the client agrees to provide a detailed, accurate and authentic testimonial / recommendation, once they are happy and satisfied with the results they have received. This can either be in a written or video format and submitted under their registered or stage name and the inclusion of picture or video content is preferable. However, in the interests of personal privacy or other such discretion being required, this is not always necessary.
Additionally, we may also make some content, products and services available through our Site by means of cooperative relationships that may exist with third-party providers, where the providers’ brands of our provider partner are displayed so as to appear on the Site, relating to and in connection with such content, products and/or services.
We may share any information which is provided by you, with our provider partner or that which is collected, whilst visiting any pages that are made available and in full cooperation with our provider partner.
The provider partner may collect information from you directly, in some cases and in such cases, the privacy policy of the provider partner’s use of your information may be applicable to our provider partner. Our privacy policy may differ from that of our provider partners. Should you have any questions in regard to the privacy policy of one of our provider partners, you are advised to contact the provider partner directly for additional information.
Specific sections of the Site may allow you to purchase many and various different types of products and services, provided online that are provided by third parties. We are not responsible for the quality, reliability, accuracy, appropriateness or any other aspect pertaining to these products and services. In making a purchase from a merchant on the Site or on an alternative site linked via the Site and the information gathered during your visit to that merchant’s site or online store and the information provided by you as an integral part of the transaction, such as your credit card account number, including any contact information, may be collected by both the merchant and the Company. A merchant may have data collection and privacy practices and protocol that differ from ours. As such, we have no responsibility or liability for any of these independent policies.
Additionally, you may be subject to further terms and conditions that specifically apply to your purchase or use of products or services, when you purchase such products or services on or via the Site.
For more information relating to a merchant, its online store and its privacy policies and/or any additional terms and conditions that may be applicable, it is advised that you should visit that merchant’s website and to access its information by clicking on links or you may wish to contact the merchant directly. You agree to release us and any of our affiliates or relevant associates from any damages that you may incur and further, that you agree not to assert or state any claims against them or the Company, that may arise from your purchase or use of any products or services made available by third parties facilitated through the Site.
INTERACTIVE FEATURES
This Site may include a variety of interactive features, that may include bulletin boards, web logs, chat rooms or email services, which facilitate feedback to the Company and any real-time interaction between users and may include additional features, designed to allow users to communicate effectively with others.
Responsibility for the content and material posted on bulletin boards, web logs, chat rooms and other public posting platforms and associated areas on the Site or sent via any email services included on the Site, rests with each user, whereby you alone are responsible for the material sent or posted. It is important to note however, that we do not control the messages, information or files that you or others may provide through the Site.
Accordingly, it is a condition applicable to your use of the Site that you do not :
• Restrict or inhibit any other user from their use and enjoyment of the Site.
• Use the Site to engage in misrepresentation or to impersonate any person or entity
or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Interfere with or disrupt in any manner, any servers or networks utilised to provide
the Site, including its features or to disobey any requirements, policies, procedures
or regulations applicable to networks used to provide the Site.
• Utilise the Site to initiate or instigate the encouragement of others, to engage in or
commit illegal activities or to cause injury to persons or damage to property of any
person.
• Gain access to the Site in an illicit and unauthorized manner to affect or interfere
with any account, computer system or network connected to this Site by any
means, such as; phishing, hacking, password mining or other such illegitimate
means.
• Obtain or attempt to obtain any improper advantage gained from materials,
information through any unacceptable means, not intentionally made available
through this Site.
• Utilise the Site to transmit or post any prohibited or unlawful, abusive, threatening,
libelous, defamatory, obscene, lewd, pornographic, vulgar, profane or indecent
content or information of any kind and to include, without limitation, any
transmissions that may result in constituting or encouraging conduct that would
initiate and/or constitute a criminal offence and which may also give rise to civil
liability or violate otherwise any local, state, national or international law, as it is
applied.
• Utilise the Site to transmit or post any information, software or other material that
may violate or infringe upon the lawful rights of others and which may include
material that constitutes an invasion of privacy or publicity rights or that is legally
protected by copyright legislation and that includes trademarks, logos or other
brand imagery or proprietary right or infringes on derivative works without first
obtaining the appropriate or express permission from the rights holder or owner.
• Utilise the Site, to transmit or post any information, software or other material that
may contain a virus or other harmful component and detrimental to the operation of
such computerised systems.
• Utilise the Site to transmit or post in any way that exploits any information, software
or other relevant and applicable material for commercial purposes or that which
contains advertising copy.
• Utilise the Site to solicit or advertise or to anyone to purchase or sell products or
services or to make donations of any kind or purpose, without our authorised
express or explicit written approval.
• Collect for marketing purposes, any email addresses or other personal information,
that has been transmitted or posted by other users of the Site.
The Company may host message boards, chat room content and other such public forums and platforms on its Site. Any user of the Site that fails to comply with the terms and conditions applicable to this Agreement, may be subject to being expelled from and refused continued access to, the message boards, chat rooms or any other public forums applicable to future events. User originated or created content may be removed or altered at any time by the Company or any of its designated and appropriately authorized agents and for any reason.
For the benefit of users, message boards, chat rooms and other public forums are intended to serve as discussion centers for the users and subscribers and information or content posted within these public forums, may be provided by the Company staff, including the Company’s external contributors or by users that are not connected with the Company and some of its users may adopt and use anonymous names. The Company expressly and explicitly disclaims all responsibility and endorsement and in so doing, makes no representation, as to the validity of any advice, opinion, information or statements made or displayed in these forums by any relevant third parties and further, we are not responsible for any omissions or errors or in such postings or for embedded hyperlinks contained and displayed in any messages. Any loss or damage caused by your reliance on information obtained through these forums by our affiliates, associates, suppliers or agents, will be liable under any circumstances whatsoever. Further, the opinions expressed in these forums are solely the opinions held by the participants and do not necessarily reflect or constitute the opinions of the Company or any of its subsidiaries or affiliates.
The Company has absolutely no obligation whatsoever, to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you agree and acknowledge that we have the absolute right to monitor such content at our sole discretion. Additionally, we reserve the right to edit, alter or refuse to remove or post any such content or postings, in whole or in part and for any reason and to disclose such materials together with the circumstances pertaining to their transmission to any third party, in order to satisfy any relevant and applicable law, regulation, legal process or governmental request, in order that we may protect ourselves, our clients, users, sponsors and visitors.
TERMINATION
We may, at our discretion, terminate or cancel your right to use the Site or any part there of, at any time and without notice. In the event of termination or cancellation, you are no longer authorised to access the specific part of the Site affected by such termination or cancellation. Any of these restrictions imposed on you, with respect to downloaded material derived from the Site and the limitations and disclaimers of liabilities, as set out in these Terms of Service, shall survive.
This Agreement shall be binding to the benefit of Company and our respective affiliates and associates, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder, may be assigned without prior written consent of the Company. In isolation from this, all rights and obligations under this Agreement may be freely assigned by the Company to any of its affiliated entities or associates or any of its wholly owned subsidiaries.
If any provision of this agreement shall be deemed unlawful or void and for any reason, unenforceable, such provision shall be deemed as severable from this agreement and consequently, will not affect the enforceability and validity of any of the provisions remaining.
INCORPORATION OF PRIVACY POLICY AND DISCLAIMERS
By reference to these Terms of Service, the Company Privacy Policy and Disclaimers, posted on the Site, are incorporated in their entirety.
LIMITATION ON LINKING AND FRAMING
You may establish and incorporate a hypertext link to the Site, as long as this link does not imply or state any sponsorship of your site by the Company or by the Site. However, without our prior written permission, you may not frame or link any of the Site’s content or incorporate other services into another website or any of our content, material or intellectual property.
ENTIRE AGREEMENT
The entire agreement between you and the Company are constituted by these terms and conditions and these terms shall expressly replace and supercede any prior or current agreements, whether these be oral or written and relate to the sale, which shall include any terms and conditions applicable to any of a customer’s documents or purchase orders. Any different or additional terms and conditions that may conflict with any such document issued by the customer, at any time, and consequently, are hereby objected to by the Company and any such document shall not be binding on the Company in any way. This agreement shall be binding upon the successors, heirs and assigns of the parties. If any provision of this agreement shall be held to be unenforceable or invalid, the remainder of this agreement shall remain in total effect.
