Website terms of use

These terms of use govern your use of this website (johnkavanagh.co.uk); by using the website you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use the website.


Information about the site

Johnkavanagh.co.uk is a website and associated online services ("the site") operated by John Kavanagh, trading as PixelCounter Ltd. ("We") of Unit 11 Hove Business Centre, Fonthill Road, Hove, East Sussex, BN3 6HA - a company registered in England & Wales under registration number 07680664.


Reliance on information posted & disclaimer

The materials contained on this site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

No responsibility is accepted for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, all liability for loss or damages direct or indirect arising from use of this site is excluded.


Accessing the site

Access to the site is permitted on a temporary basis and we reserve the right to withdraw or amend the service provided on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period.


Intellectual property rights

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works (including but not limited to the written word, graphical elements, and the computer code that makes up the website itself) are protected by copyright laws and treaties around the world. All such rights are reserved.

You may view these works as published on the website for your own personal reference, and you may draw the attention of others to the site subject to the restrictions set out below and elsewhere in these terms of use.

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;
  • reproduce, duplicate, copy or otherwise exploit material on the website for any commercial purpose;
  • edit or otherwise modify any material on the website;
  • use works and materials found on this website to produce derivative works;
  • redistribute material from this website; or
  • attempt in any way to claim ownership or rights over the works contained in, and made up of, this website.

No part of the materials of this website may be used for other personal, or any commercial purposes without first obtaining a license to do so. Licenses can only be granted via express written consent from mail@johnkavanagh.co.uk. Licenses are non-transferable and designated by domain name or publication name and identifying number. Additional terms apply to the use of licensed materials.

If you print off, copy or download any part of the site in breach of the terms of use outlined here (either directly or indirectly), a flat daily fee of £50 (before VAT or other relevant taxes) will apply per infraction for the duration of the infringement (until all copies of the materials are destroyed), or until such time that a license is granted. This fee must be paid immediately upon request.

Your right to use this site will be cease immediately if you breach these terms and you must, at our option, return or destroy any copies of the materials that have been made in contradiction to these terms.


The site changes regularly

We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time and we are under no obligation to update any such material.


Our liability

The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


Information about you and your visits to the site

Information about site visitors is processed in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.


Viruses, hacking, and other offences

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the servers on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.


Links from the site

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via the website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.


Jurisdiction and applicable law

The site is owned, operated, and hosted in the United Kingdom. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Variations

These terms of use may be revised at any time by amending this page. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.


Trademarks

'PixelCounter' and the associated 'PC' mark are registered trademarks of PixelCounter Ltd. and may only be used with express written permission (obtainable by writing to mail@pixelcounter.com) and always with attribution back to the company website pixelcounter.com.


Your concerns

If you have any concerns about material which appears on the site, please contact mail@johnkavanagh.co.uk.

Thank you for visiting the site.

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