Terms & Conditions
We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the Eminent Agency / eminentagency.co.uk web site (the “Site”) constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.
Site Usage Policy (A) Security
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
1. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorised to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non- commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trade mark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, hateful, gives rise to civil liability or would otherwise be considered a criminal offence (d) which is technically harmful (including without limitation, computer viruses, Trojan horses, worms, harmful components or other malicious software).
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
Unless otherwise noted, all copyright and other intellectual property rights, including but not limited to, materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are property owned, controlled, licensed or used with permission by Eminent Agency and/or its parent company, and its subsidiaries and affiliates (collectively, “Eminent Agency”). The Site as a whole and its Contents are protected by copyright, trade mark and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Eminent Agency or used with permission.
Eminent Agency’ products displayed on the Site are generally available in most cases in select department, independent and/or company-owned stores in the United Kingdom and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Eminent Agency makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
User Comments, Feedback, Postcards and Other Submissions
You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold Eminent Agency harmless from and against any and all claims, damages, losses, proceedings, costs and expenses, including legal fees, arising from or related to your use of the Site.
Links to Other Web Sites
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Eminent Agency does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Eminent Agency makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Eminent Agency.
EMINENT AGENCY ASSUMES NO RESPONSIBILITY FOR, HAS PROVIDED RELEVANT WARRANTIES (EITHER EXPRESS OR IMPLIED) FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL Eminent Agency OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS,
EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE EVEN IF REWIND-FORWARD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WHETHER IN TORT, UNDER CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. NOTHING IN THESE TERMS LIMITS OMG’s LIABILITY FOR ANY DEATH OR PERSONAL INJURY, FRAUD, MISREPRESENTATION ON A FUNDAMENTAL MATTER OR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to revoke offers or correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologise for any inconvenience this may cause you.
This Agreement shall be governed and construed in accordance with the laws of the England and Wales. You shall submit to the non-exclusive jurisdiction of the courts of England and Wales but we reserve the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Third-Party Trade marks
Third-party trade names, product names and logos, contained in this website may be the trade marks or registered trade marks of their respective owners.
This Agreement is effective unless and until terminated by either you or Eminent Agency You may terminate this Agreement at any time. Eminent Agency also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Eminent Agency’ sole discretion you fail to comply with any term or provision of this Agreement.