Terms and conditions
Thank you for accessing http://www.fivepointgloves.com and/or http://www.fivepointgloves.co.uk (the "Web Site"). Please read these terms and conditions (the "Terms") before using the Web Site which is operated by Etre Etcetera, a trading name of Etre Limited (registered number 4552495), whose registered office is at Lower Ground Studio, 6 Hoxton Square, London, N1 6NU, United Kingdom ("Etre"). Etre's trading address is also at Lower Ground Studio, 6 Hoxton Square, London, N1 6NU, United Kingdom.
Should you wish to contact Etre at any time, please contact us using our online contact form. You may also call us on +44 (0)20 7729 3100.
By using the Web Site, you signify your acceptance of the Terms in consideration of which Etre provide you with access. From time to time Etre may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Web Site. If at any time you do not wish to accept the Terms, you may not use the Web Site.
While Etre has endeavoured to ensure the material accuracy of the information available on the Web Site, Etre does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site. The contents of this Web Site are for information only, nothing on this site constitutes professional advice and advice should always be taken from a qualified professional in relation to any specific problem or concern. Etre therefore disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Web Site.
The Web Site, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and other material ("Content") is protected by copyrights, database, trade marks and/or other intellectual property rights.
The Content includes both content owned or controlled by Etre and content owned or controlled by third parties and licensed to Etre.
All individual articles, publications, and other elements making up the Web Site are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Web Site and the licence set out below.
You may not use any of Etre's trade marks or trade names without Etre's consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Etre in writing promptly upon becoming aware of any unauthorised access to or use of the Web Site by any party or of any claim that the Web Site or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Access to the Web Site is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Web Site and/or the Content other than the limited right to use the Web Site in accordance with these Terms.
If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the Terms.
Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload, or in any other way exploit any part of the Web Site.
Download is permitted by Etre provided that:
- you make only personal, non-commercial use of any download and/or printed copy of the Web Site and do not modify any Content you have printed off; and
- you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
You should seek the consent of Etre and the authors of any works appearing on our blog to re-use any posts or material contained in any posts appearing on our blog. Please note that we give no warranty that any of the posts appearing on our blog do not infringe the intellectual property rights or other legal or equitable rights of any third party.
Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof without our express consent.
The Web Site and the information contained therein may not be used to construct a database of any kind, nor may the Web Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web sites containing all or part of the Web Site.
Without prejudice to the generality of the foregoing, you may link to any part of our Web Site.
If you would like information about obtaining Etre's permission to use any of the Content please contact us via our on-line contact form at www.fivepointgloves.com/contact/
The Web Site and the Content are provided "as is" excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties and conditions as to title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Etre further accepts no responsibility or liability for functionality contained on the Web Site. Please note that some jurisdictions do not allow the exclusion of implied warranties or implied conditions, so some or all of the above exclusions may not apply to you.
While Etre cannot guarantee the performance of its Web Site, in the event that use of the Web Site is interrupted or suffers from any errors, we will endeavour to resolve such issues in a reasonably timely manner.
You should ensure that your computer equipment is compatible with the Web Site and you have installed up to date virus checking software prior to any internet session as Etre is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Web Site or your downloading any material posted on it.
Etre shall not be held responsible for Content provided by third parties. Etre is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Web Site.
You understand that Etre uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Web Site and any service made available through it.
These Terms do not affect your statutory rights or your legal rights as a consumer.
Limitation of Liability
You acknowledge that your use of the Web Site, including the Content, is at your own risk. If you are dissatisfied with the Web Site, the Terms or any of the Content your sole remedy is to discontinue use of the Web Site. Save in respect of fraud and of personal injury or death to the extent it results from Etre's negligence, in no event will Etre be liable to you or any third party for any direct, special, indirect, consequential or incidental damages (including lost profits), or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if Etre has been advised of the possibility thereof.
Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
When using our blog you must ensure that all comments placed by you (including any materials comprised in those comments) do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party's intellectual property rights). We call this material "Inappropriate Content".
You acknowledge that Etre has no control over any comments placed on the blog by visitors and does not purport to monitor the content of the blog. Etre reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content.
It is a condition of your use of this Web Site and our blog that you fully and effectively indemnify Etre on demand against all and any costs, expenses and liabilities arising from any claim or allegation that any of your postings on the blog constitute Inappropriate Content.
Local Laws and Regulations
The Web Site is not directed at any person in any jurisdiction where for any reason the publication or availability of the Web Site is prohibited. Those in respect of whom such prohibitions apply must not access the Web Site.
Etre does not represent that either the Web Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Web Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
Viruses, Hacking and Other Offences
You must not misuse the Web 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 Web Site or the server on which it is stored and you must not attack our Web Site by way of a denial of service attack or distributed denial of service attack.
We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Web Site.
If you breach any of these Terms your right to use the Web Site terminates automatically.
Changes to the Web Site
At any time, the Web Site may contain material which is out of date. While Etre has no obligation to do so, you accept that Etre has the right to change the content or technical specifications of any aspect of the Web Site at any time at Etre's sole discretion. You further accept that such changes may result in your being unable to access the Web Site.
No waiver by Etre of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Etre of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Conditions Relating to Sale of Goods To You
The provisions of the Terms Applicable to Sale of Goods and Publications apply to products sold by Etre to you. Different terms and conditions relate to the services provided by Etre; these are available on request.
Etre shall have no liability for any breach of these Terms or the Terms Applicable to Sale of Goods caused by circumstances beyond its reasonable control.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Governing Law and Jurisdiction
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.