Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the upwardspiral.co.uk web site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site. I may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact me by email.

Please also refer to my privacy policy, which I refer to in this policy. And apologies in advance for all the legal lingo, apparently it’s necessary.

1. Ownership. This Site (upwardspiral.co.uk) is owned and operated by Matt Waters. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned by Matt Waters or by the site’s respective third party authors (“Third Party Providers”).

2. Limited Permission to Use Materials. You are permitted to use the material on this site under a Creative Commons Attribution licence. In simple terms, you may read, copy, distribute and develop derivative works – provided that you give credit to the original author (usually Matt Waters) and provide a link back to this site (https://upwardspiral.co.uk). The full licence is available here.

3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Matt Waters (the “Third Party Sites”). Matt Waters is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Matt Waters is not responsible for webcasting or any other form of transmission received from any Third Party Site. Matt Waters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Matt Waters of the Third Party Site unless specifically stated. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Matt Waters is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

4. No Warranty. The site and all materials provided on the site are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Matt Waters expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Matt Waters makes no warranty that: (a) the site or the materials will meet your requirements; (b) the site or the materials will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations.Any materials obtained through the use of the site is done at your own discretion and risk. Matt Waters shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

5. Limitation of liability. In no event shall Matt Waters, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if Matt Waters has been previously advised of the possibility of such damage. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. Indemnification. You agree to defend, indemnify and hold harmless Matt Waters, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

7. Unsolicited Submissions. Matt Waters does not want you to submit confidential or proprietary information to it through this Site, without first contacting him. All comments, feedback, information or material submitted to me through or in associate with this Site shall be considered non-confidential and Matt Waters’s property, unless otherwise set forth herein or agreed to by Matt Waters in writing. By providing any unsolicited submissions to this site you hereby assign to Matt Waters at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Matt Waters will be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

8. Compliance with Laws. You may not access, download, use or export the Site or Materials in violation of UK or United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

9. Children. Minors are not eligible to use the Site, and I ask that they do not submit any personal information to me.

10. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the UK, excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a court in the UK. You and Matt Waters agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

12. Trademarks. upwardspiral.co.uk, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of Matt Waters. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.