1. GENERAL TERMS AND CONDITIONS APPLIED TO THE USE OF THIS WEBSITE AND ITS CONTENT, BOTH PURCHASED AND FREE:
1.1 This Agreement governs your use of this web site and its associated services, which are owned and operated by John Beresford and Annie Wallace, who shall be referred to, within this Use and Copyright Agreement as, “Beresford and Wallace”.
1.2 Beresford and Wallace reserve the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Beresford and Wallace, as permitted above.
1.3 Except as described otherwise, all materials on the Web Site, including the Web Site Content, are made available only to provide information. Beresford and Wallace operates this Web Site from within the United Kingdom and makes no representation that the Web Site Content is appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws.
1.4 If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service. We reserve the right to change these terms and conditions at any time, and you should check these terms periodically for changes.
2.OWNERSHIP OF ANCIENT NILE CONTENT
Copyright © www.beresfordandwallace.com All Rights Reserved.
All content on this Web Site (“Web Site Content”) including all copyrights, trademarks, trade names, Web Site trade dress and/or other intellectual properties therein, is owned by Beresford and Wallace, or the licensors of such Web Site Content.
By making use of this website you acknowledge that this Web Service contains information, software, music, ebooks, articles, screen savers, photographs, audio and video clips, graphics, poems, gifs, and other material that are protected by copyright, trademark or other proprietary rights of Beresford and Wallace or third parties. This includes, but is not limited to, product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the “Content”).
You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. The entire contents of the Web Site Beresford and Wallace are protected by United Kingdom and Worldwide copyright laws and treaty provisions.
3. USE OF CONTENT
3.1 Use of FREE Content
Users of the Beresford and Wallace Web Service may use the DOWNLOAD PAGES in order to download and make use of the FREE CONTENT provided on these pages for PERSONAL, NON-COMMERCIAL USE ONLY provided that they do not modify or alter those materials in any way, or delete or change any copyright or trademark notice. Modification or use of materials for any other purpose violates Beresford and Wallace’s intellectual property rights. The material on this site is provided for lawful purposes only. In return for the use of our FREE CONTENT the user must give accreditation to ‘Beresford and Wallace’ wherever possible. Examples: If the content is used on a personal website please give a link back to: http://www.beresfordandwallace.com/ If you use any of the content in a project, research etc, please give accreditation to www.beresfordandwallace.com as the information, graphic, picture, or music source.
Users of the Web Service wanting to use the FREE content for COMMERCIAL USE must first email us to obtain written permission from Beresford and Wallace to do so, whereupon a charge may be applied.
3.2 Use of PURCHASED Content
You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Beresford and Wallace. Purchased content may be downloaded for PERSONAL USE only, consistent with the terms defined in this Agreement. You may store one copy of our purchased content for your own personal use. When using purchased content you must maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage (other than one copy for personal use), redistribution, reselling, or publication of any purchased content is permitted without the express permission of Beresford and Wallace, or the owners of such content or their authorized persons, if other than Beresford and Wallace. Purchased material DOES NOT fall under the category of ‘royalty-free’ all purchased material from Beresford and Wallace is COPYRIGHTED.
3.2a Users of the Web Service wanting to use the PURCHASED content for COMMERCIAL USE must first email us to obtain written permission from Beresford and Wallace to do so, whereupon a charge will be applied.
3.3 Restrictions on Use of Content
Beresford and Wallace’s content, FREE or FOR SALE, must not be offered for download on any other website.
No pages of Beresford and Wallace may be copied and used on any other website.
No items which make up the UNIQUE APPEARANCE / WEB SITE DESIGN of Beresford and Wallace must be copied and used, this includes, but is not restricted to, backgrounds, logos, design graphics etc. (For example: Flashing stars, display buttons and title graphics etc.)
No commercial use is allowed without prior permission.
3.4 Remote Loading
Remote loading (direct linking) to the content on our server (eg wallpapers, graphics, gifs, music etc) is STRICTLY PROHIBITED. Our daily website stats show up such activity and Beresford and Wallace will take the necessary measures to ensure that this nuisance activity is stopped. Examples of DISALLOWED remote loading include, (but is not restricted to): loading directly to another website, a forum, email use etc. In order to use our FREE CONTENT on websites in emails, forums etc ALWAYS download the content you require to your own hard drive and use from there. Do not link directly to our URL addresses where the content is stored on our server.
3.5 No Copying Allowed
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the FREE or PURCHASED CONTENT, in whole or in part, except as otherwise expressly permitted in this Agreement. Downloadable elements (free and purchased) may not be reverse-engineered unless specifically authorized by the owner of the patent and or copyright of that file.
4. RULES OF CONDUCT
You shall not use the Web Service for any commercial purpose not expressly approved by Beresford and Wallace, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.
5. NO ENDORSEMENT
Beresford and Wallace Web Service may contain links to other related World Wide Web Internet sites and resources on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that Beresford and Wallace is not responsible for the content located on or through any External Site. Nor is it responsible for the availability or control of any of these external sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Also be aware that any third party material published at Beresford and Wallace, such as; advertising, information, articles, company details, reviews etc, are the views/responsibility of the third party named and not that of Beresford and Wallace. Accordingly, you should direct any concerns regarding any external link to that web site’s administrator or Webmaster.
You agree to indemnify, defend and hold Beresford and Wallace, harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Beresford and Wallace reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Beresford and Wallace’s, defense of such claim.
7. TERMINATION OF SERVICE
Beresford and Wallace reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Beresford and Wallace may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1 NEITHER Beresford and Wallace, NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; You acknowledge that the Web Site Content may include technical inaccuracies or typographical errors.
8.2 NOR DOES Beresford and Wallace, OR ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER Beresford and Wallace, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE.
8.3 NEITHER Beresford and Wallace, NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.4. NEITHER Beresford and Wallace, NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT Beresford and Wallace) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Beresford and Wallace will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Beresford and Wallace will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the Web Site Content, even if there is negligence on Beresford and Wallace’s part or that of an authorized Beresford and Wallace’s representative, or if Beresford and Wallace has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Beresford and Wallace’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this Web Site.
CONDITIONS OF SALE AND RETURNS POLICY
USE OF PURCHASED DIGITAL CONTENT
You must not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Beresford and Wallace. Purchased content may be downloaded for PERSONAL USE only, consistent with the terms defined in this Agreement. You may store one copy of our purchased digital content for your own personsal use. When using purchased digital content you must maintain and include all copyright and other notices contained in such content. All purchased material from Beresford and Wallace is COPYRIGHTED by Beresford and Wallace with ALL RIGHTS RESERVED. For DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY and INDEMNITY conditions see above under ‘GENERAL TERMS AND CONDITIONS’.
RESTRICTIONS OF USE OF PURCHASED DIGITAL CONTENT
All of Beresford and Wallace’s purchased content is covered by International Copyright Law. You must not digitally store, (except for one copy for PERSONAL USE ONLY), modify, copy, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse-engineer, or in any way exploit any of Beresford and Wallace’s PURCHASED CONTENT, in whole or in part. Content / music must not be offered for download / listening to on any other website or computer, nor offered through any file sharing device, Peer-to-Peer transfer, membership area, or online auction area. No content / music must not be played at any public venue without permission from the composer. No commercial use is allowed without prior permission from Beresford and Wallace, or, in the case of music, th purchase of a music licence. (See 3.2a below) All purchased material from Beresford and Wallace is COPYRIGHTED by Beresford and Wallace with ALL RIGHTS RESERVED.
REPLACEMENT AND REFUNDS OF DIGITAL CONTENT:
If any problem is encountered during download, (e.g, you lose connection, the file is corrupted, your computer crashes) you must notify us within 48 hours and we will provide the purchaser with temporary access to the file again in order to rectify the problem. We DO NOT offer refunds on any digital download products, such as ebooks, music files, graphics, screensavers etc due to the nature of software sales. In the same vein we are unable to accept cancellation of, or returns for, digital items once downloading has commenced. (Purchasers IP addresses are notified at time of download) Each of these products has a sample, extract or preview supplied online via our web site which clearly demonstrates the content of each item, thereby giving the purchaser / customer a clear understanding of what he / she is purchasing.
USE OF PURCHASED CD CONTENT
Any Compact Discs available for purchase from Beresford and Wallace are the protected and copyrighted property of Beresford and Wallace with ALL RIGHTS RESERVED. Purchased content may be purchased for PERSONAL USE only, consistent with the terms defined in this Agreement. For DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY and INDEMNITY conditions see above under ‘GENERAL TERMS AND CONDITIONS’.
RESTRICTIONS OF USE OF PURCHASED CD CONTENT
All of Beresford and Wallace’s purchased content, including physical compact discs, are covered by International Copyright Law. Therefore you must not modify, copy, publish, digitally stored, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse-engineer, or in any way exploit any of Beresford and Wallace’s PURCHASED CONTENT, in whole or in part. No content / music must not be offered for download / listening to on any other website or computer, nor offered through any file sharing device, Peer-to-Peer transfer, membership area, or online auction area. No content / music must not be played at any public venue without permission from the composer. No commercial use is allowed without prior permission from Beresford and Wallace or the named copyright holder. (See 3.2a above). All purchased material from Beresford and Wallace is COPYRIGHTED by Beresford and Wallace with ALL RIGHTS RESERVED.
REPLACEMENT AND REFUNDS OF ‘PHYSICAL’ COMPACT DISCS:
All Compact Disc purchases are posted using Royal Mail ‘Signed For’ (UK) or ‘Internationally Signed for’ (Rest of World) postage to ensure against loss. If the purchaser does not receive the CD after a reasonable time then the purchaser must notify us and we will pursue the loss through the Royal Mail postal insurance service in order to recover the cost of the lost item(s).
We DO NOT offer refunds on our CDs, except in the case of postal losses – which are recorded and monitored. This is due to the nature of Compact discs which can be copied. However we do offer a viable and working alternative in the case of damage. (see below)
In the case of damage caused by the postal service this must be pursued by the purchaser using the online claim facility at the Royal Mail website. All of our Compact Discs are played on various computers and HI-FI systems and thoroughly checked for any defects before dispatch, (e.g. scratches, warping, blemishes, chipping etc). However if you do encounter any problem playing the music CD you must notify us within 24 hours of receipt.
We refuse refunds of any purchases due to,’change of mind’, or ‘not what I expected’ or ‘I don’t like them’, or ‘I don’t understand them’, or ‘incompatibility’ or customer mistakes and ordering errors. This is because each song has a sample supplied online via our site which clearly demonstrates the content of each Compact Disc, thereby giving the purchaser a clear understanding of what he / she is purchasing. Music samples are available to listen to online via our website before deciding whether you wish to purchase.
If, for any reason, Beresford and Wallace does (at our discretion) agree to replace any defective CD, the original CD must be returned to us within 28 days from the date of purchase. You must email to obtain a Return Authorization Number (RAN). Returns cannot be accepted without this number. Purchasers / customers are responsible for return shipping charges. The purchaser must also agree to return the original CD, at their own cost, via ‘Signed For’ (UK) or ‘Internationally Signed for’ (Rest of World) trackable postage to ensure against loss. Beresford and Wallace can not be held responsible for any losses due to postal errors therefore the purchaser must ensure that the CD is insured against such losses using the postage method mentioned above, in exactly the same way it was sent to the purchaser from Beresford and Wallace. If, upon evaluation (since your hardware may be defective), the returned good(s) are found not to be defective, or not in its original condition, or damaged, or has missing parts since being originally dispatched by Beresford and Wallace, then no replacement CD will be offered and we will recommend that your hardware be serviced. If however we verify that it is indeed defective, we will send a replacement CD to you.