Website Terms & Conditions
THEN LOST YEARS PROJECT
- ROGAN COLES [and his trading entity, ARGENT PHOTOS] henceforth “Rogan”, “Argent”, “we”, “us”, “our” is the owner of The Lost Years Project website – henceforth the “SITE”.
- YOU, the USER – As a visitor and USER of this SITE you will be henceforth referred to as “you”, “your”, “User”, “Users”.
- TERMS AND CONDITIONS – You accessing this website and signing up for any of the services offered here are subject to these TERMS AND CONDITIONS – henceforth the “TERMS”.
- CONTENT – CONTENT refers to what you post or contribute on this SITE. Included are posts, comments, remarks, reviews, images, illustrations, personal information and other material not specifically found or generated by this SITE and its owners.
- SITE REGISTRATION:
- In order to engage with some of the services of this SITE, all USERS are required to register by creating a USER account on this SITE;
- In doing so, the USER needs to select a suitable USER NAME and password – henceforth the USER ID;
- To set up an account we will also need your real name and a real email address. These, of course, will remain private;
- While your password is changeable, your USER NAME is not. The main reason is that your USER NAME is associated with the email address used to set up that account. To change your USER NAME may mean having to set up a new account and creating a new USER ID.
- ACCOUNT MISUSE – You shall not:
- Select, use or setting up a USER ID with the intent to impersonate another person;
- Use another USER’s USER ID without appropriate authorization;
- Selecting or setting up a USER ID name that is offensive, vulgar or obscene;
- Selecting or setting up a USER ID name that is “stuffed” with keywords;
- We reserve the right to refuse the registration of, or cancel a USER ID if it is in breach of our TERMS;
- You are responsible for all activity that occurs on your account. You will immediately notify us of any unauthorized use of your account, or any other account related security breach of which you may be aware;
- Failure to provide accurate, complete, and truthful information shall constitute a breach of our TERMS.
- USER WARRANTS – You, the USER, represent and warrant, and can demonstrate to our full satisfaction upon request, that:
- You are of legal majority [however this maybe defined in your legal jurisdiction] and/or a legal entity capable of being party to binding contracts;
- You own or otherwise control all rights to any Content; or,
- You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to our Site;
- The Exploitation of your Content on this SITE will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights;
- No fees of any kind shall be due any third party for the use and/or re-use of your Content as outlined under these TERMS;
- You are solely responsible for the authenticity, veracity, description, identity, condition, nature and quality of the Content;
- You are responsible for indemnifying and holding us harmless from and against all and any claims arising from the Exploitation of your Content on this SITE, including all court costs and legal fees.
- You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
- PROHIBITED USER CONDUCT – You, the USER, warrants and agrees that, while using this SITE and the various services and features offered on or through this SITE, the USER shall not (and shall not permit any third party to):
- perform any action nor upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content – that is not the USER’s own – from this SITE or relaying it through ths SITE.
- Impersonate any person or entity, whether actual or fictitious, or misrepresent affiliation with any other person, party or entity.
- Insert their own or a third party’s advertising, branding or other promotional content into any of the SITE‘s content or, uses, redistributes, republishes or exploits such content or service for any commercial or promotional purposes without our expressed permission and this in writing.
- Attempt to gain unauthorized access to other computer systems through this SITE.
- Engage in “spidering”, “screen scraping,” “database scraping,” and/or the “harvesting” of catalogue information, e-mail addresses, wireless addresses and/or other contact or personal information, or through the use of any other automatic means of obtaining lists of property, proprietory and/or USERS or other information from or through this SITE.
- Obtain or attempt to obtain unauthorised access to our computer systems, Content and/or information through any nefarious means.
- Use this SITE or the Services made available on or through this SITE in any manner with the intent to interrupt, damage, disable, overburden, or impair the SITE or such services, including sending mass unsolicited messages or “flooding” servers with requests.
- perform actions or acts deemed unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence or, otherwise inappropriate as this determined by us at our sole discretion.
- Use this SITE in violation of our or any third party’s intellectual property or other proprietary or legal rights; or
- Use the SITE in violation of any applicable law.
- Each USER further agrees not to attempt (or to encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the SITE or to make any unauthorised use thereof.
- Each USER must not use the SITE in any manner that could damage, disable, overburden, or impair the SITE or interfere with any other party’s use and enjoyment of the SITE, nor obtain, use or access, or attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available or provided for through this SITE.
- Compliance with these TERMS is a condition to all uses of the Site by any person (USER).
- By using the SITE, each USER accepts and agrees to be bound by these Terms.
- We may update these TERMS at our absolute discretion from time-to-time, and unless stated otherwise by Us in writing, such updates shall come into effect as soon as they are published in this SITE or otherwise on notifying Users.
- The TERMS and the General Conditions form a single legal agreement. To the extent that the TERMS are inconsistent with the General Conditions, the TERMS will prevail.
- INTELLECTUAL PROPERTY:
- Intellectual Property shall mean all “copyright”, “patents”, “inventions”, “trade secrets”, “know-how”, “product formulations”, “designs”, “circuit layouts”, “databases”, “registered” or “unregistered trademarks”, “brand names”, “business names”, “domain names” and other forms of intellectual property.
- Proprietary Information. This SITE may use and incorporate software and other proprietary systems and Intellectual Property for which we have the appropriate authority to use. The USER agrees that such Intellectual Property is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The USER warrants that they shall not infringe on any Intellectual Property or other third-party rights through the use of this SITE.
- This Site – The USER agrees and accepts that this SITE (including any source code, ideas, enhancements, feature requests, suggestions or other information provided by the USER or any other party with respect to the Platform) is the Intellectual Property of Rogan Coles and the USER further warrants that by using this SITE, the USER will not:
- Copying this SITE – in part or in whole – or the services provided for the USER’s own commercial purposes; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms and content contained on this SITE or any documentation associated with it.
- Trademarks ROGAN COLES has the moral & registered rights in its trademarks and the USER shall not copy, alter, use or otherwise deal in the marks without the prior written consent from ROGAN COLES and ARGENT PHOTOS.
Our other policy page links:
- The Lost Years Project Shop – Shop Terms and Conditions
- The Lost Years Project – Comments Policy
Last updated: 200127