PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using our website at caliburdesigns.co.uk and any sub-domains thereof (our “Site”).
Who we are and how to contact us
https://www.caliburdesigns.co.uk is a site operated by Calibur Designs (“We”). We are Calibur Designs, England and Wales. Our main trading and registered office is at 101 Charnwood Drive, Nuneaton, United Kingdom, CV10 0UE
To contact us, please email: firstname.lastname@example.org
By using our Site you accept these terms
If you do not agree to these terms, you must not use our Site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
- Our Privacy Notice which explains how we process any personal data we collect from you, or that you provide to us.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
- Our Cookie Information, which sets out information about the cookies used on our Site.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.
We may suspend or withdraw our site
Access to our site is made available free of charge, but fees may be payable should you wish to download animations created, or access certain materials.
Save as we may have agreed with you in your subscription agreement, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
When you create an animation using our Site (“Animations”) you may be required to upload logos, images or text (“Customer Materials”). You must be the lawful owner or licensee of any such Customer Materials and any such Customer Materials must comply with our Content Standards as set out in our Acceptable Use Policy.
Where you have purchased an Animation (whether on a one-off basis or as part of a subscription), then your use of that Animation will be subject to our Animation Licence or Extended Animation Licence as the case may be, and the relevant Terms of Supply.
When you set up a Calibur Designs account, you will be granted 500mb of online storage for your Animations. This service is offered free of charge, and without any representations or warranties. You are responsible for downloading and backing up your Animations and should not rely on our storage.
Additional storage can be purchased as part of a Calibur Designs+ or Calibur Designs for Business subscription.
Any Animations on your account over your storage limit will be automatically deleted after 30 days without further notice to you.
Do not rely on information on this Site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the Site, including comments sections and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org
Our responsibility for loss or damage suffered by you
If you have entered into a subscription with us or have purchased an animation from us:
If you have purchased an Animation or a Subscription from us, then our liability will be as set out in our Contract with you.
If you have not purchased an Animation or a Subscription from us, then our responsibility to you will be governed as follows:
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Animations to you, which will be set out in the relevant Terms of Supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
o loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- If you are a consumer user you agree not to use our site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us
Uploading content or Customer Materials to our Site
Whenever you make use of a feature that allows you to upload content to our Site, to make contact with other users of our Site, or to upload Customer Materials to our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant and represent that any such contribution or Customer Materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and representation.
We also have the right to disclose your identity to any third party who is claiming that any content posted or Customer Materials uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use content you upload
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the website and across different media.
Rights you are giving us to use Customer Materials you upload
Any Customer Materials you upload to our Site will be considered non-confidential. You retain all ownership rights in your Customer Materials, but you grant us a non-exclusive licence to use, store and copy that content for the purposes of providing you with the relevant service on our Site. Full details can be found in the relevant Terms of Supply.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our 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. We will report any such breach 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 our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless expressly agreed with us (whether as part of our Affiliate Program or otherwise).
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com