1. RESPONSIBILITY OF WEBSITE VISITORS

One Web Digital has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, One Web Digital does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. One Web Digital disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

2. COPYRIGHT INFRINGEMENT AND DMCA POLICY

As One Web Digital asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.onewebdigital.co.uk violates your copyright, you are encouraged to notify One Web Digital in accordance with One Web Digital’s Digital Millennium Copyright Act (“DMCA”) Policy. One Web Digital will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

One Web Digital will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringe of the copyrights or other intellectual property rights of One Web Digital or others. In the case of such termination, One Web Digital will have no obligation to provide a refund of any amounts previously paid to One Web Digital.

3. INTELLECTUAL PROPERTY

This Agreement does not transfer from One Web Digital to you any One Web Digital or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with One Web Digital.
One Web Digital, www.onewebdigital.co.uk, the One Web Digital logo, and all other trademarks, service marks, graphics and logos used in connection with www.onewebdigital.co.uk, or the Website are trademarks or registered trademarks of One Web Digital. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any One Web Digital or third-party trademarks.

4. ADVERTISEMENT

One Web Digital reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
One Web Digital reserves the right to display attribution links such as ‘Blog at www.onewebdigital.co.uk,’ theme author, and font attribution in your blog footer or toolbar.

5. PARTNER PRODUCTS

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
One Web Digital reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. One Web Digitalmay also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
One Web Digital may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.onewebdigital.co.uk account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by One Web Digital if you materially breach this Agreement and fail to cure such breach within Seven (7) days from One Web Digital’s notice to you thereof; provided that, One Web Digital can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. DISCLAIMER OF WARRANTIES

The Website is provided “as is”. One Web Digital and its suppliers and licencors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither One Web Digital nor its suppliers and licencors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

7. LIMITATION OF LIABILITY

In no event will One Web Digital, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to One Web Digital under this agreement during the twenty four (24) month period prior to the cause of action. One Web Digital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The Client agrees that One Web Digital shall not be held liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, pandemic, riot, terrorism and war or any act or omission of any third party services.
One Web Digital shall not be liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
For an E-commerce website designed by or managed by One Web Digital on customer’s behalf, One Web Digital shall not be held liable for any payment matters or losses between the client and their customers, loss of sales of products or services.
One Web Digital shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.
The entire liability of One Web Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.