Euan Smith (‘ES’) maintains the euansmithmusic.co.uk website (the ‘Site’) for your personal entertainment, information, educational use only. It is subject to change without notice. You may only download material displayed on the Site for non-commercial, personal use, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of the Euan Smith. Your access and use of the Site is also subject to the following terms and conditions (‘Terms and Conditions’) and all applicable laws. By accessing and browsing the Site, or any part of it, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreement between you and ES is superseded and of no force or effect.
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of ES. ES neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ES.
2. While ES uses all reasonable efforts to include accurate and up-to-date information or materials on the Site, ES makes no warranties, guarantees or representations as to its accuracy, timeliness, performance, completeness or suitability. ES assumes no liability or responsibility for any errors or omissions in the content on the Site. You acknowledge that such content may contain inaccuracies or errors and euansmithmusic.co.uk expressly exclude liability for such inaccuracies or errors to the fullest extent permitted by law.
3. Your use and browsing of the Site is at your own risk. ES does not guarantee that use of the Site will be compatible with all hardware and software that may be used to access it. Neither ES nor any other party involved in creating, producing, hosting or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the Site. Without limiting the foregoing, everything on the Site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ES also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic email or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by ES or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ES is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing and marketing services using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, ES. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos and service marks (collectively the ‘Trademarks’) displayed on the Site, including ES products and the ‘ES’ logo are registered and unregistered Trademarks of Euan Smith. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the permission of ES or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ES will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
7. ES has not reviewed all of the sites linked to this Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. Any purchase of goods and services made through third parties’ websites shall be subject to those third parties’ terms and conditions.
8. Although ES may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, ES is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations not for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy in any information contained within such locations on the Site. You are prohibited from scandalous, inflammatory, pornographic or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. ES will co-operate with any law enforcement authorities or court order requesting or directing ES to disclose the identity of anyone posting any such information or materials.
9. The Site is controlled and operated by ES from our offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in the Site shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these terms and conditions or use of the Site. Your continued use of the Site indicates your acceptance of these terms and conditions.
10. ES may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review these current Terms and Conditions to which you are bound.
ES operates in accordance with the Data Protection Act. If you have opted to receive information from signing up, euansmithmusic.co.uk will use your details for these purposes: mailing or market research. If you have opted to allow your data to be shared, euansmithmusic.co.uk will disclose your details to third parties for the purposes of market research or mailing.
If you wish to alter your data protection preferences, please email.