Terms and Conditions
Updated 12th September 2020
Thank you for using my website! This website ("lowrylessons.com") (the “Website”) is owned exclusively by Mr P Lowry (“I”, “my”, “me”). Although the Website has been designed primarily for my own personal use and for those of my students and, in time, my immediate colleagues as an educational resource, it is important to clarify what is deemed to be acceptable use. By using the Website, you agree to the terms and conditions set out below. If you have any questions, please email me at firstname.lastname@example.org.
By using the Website, you affirm that you are at least 16 years of age or that you have the permission of your parent or guardian. You agree that you are fully able and competent to enter into the Terms and abide and comply with these Terms.
As a student at my institution, you are granted permission to use the Website, free of charge, for educational purposes. If you have been assigned an account which allows you to login to certain activities, you must not share your login details or allow others to use your account. Students may, however, share their login details with their parents or guardians.
If you breach any of the Terms, you may be denied access to the Website. I cannot guarantee that the Website will always be available and I reserve the right to modify or remove the website at any time if required.
These Terms may need to be modified in the future for legal, regulatory or security reasons. If any changes are made to the Terms then you will be notified by an alert on the Website and asked to re-confirm your acceptance of the Terms. If you continue to use the Website then you will be deemed to accept these amended Terms.
1 STUDENT ACCOUNTS
You confirm that:
1.1 you are 16 years old or over or that you have the permission of your parent or guardian to use the Website;
1.2 you will not share your login details, except with your parents or guardians, you will take all reasonable precautions to ensure that your account is kept secure and will change your password if I, or your teacher, reasonably requests you to do so;
1.3. you will not allow anyone else to use your account pretending to be you (e.g. do an activity on your behalf). I will not be held liable where your account is used by someone else, either with or without your permission;
1.4 if you become aware that someone else has used your account you will let your teacher know as soon as possible;
2 RULES OF CONDUCT AND YOUR USE OF THE WEBSITE
You confirm that you will not:
2.1 use the Website for any purpose other than for the stated purpose (as an educational resource);
2.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or any portion thereof;
2.3 access or attempt to access the accounts of another user;
2.4 attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
2.5 attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
2.6 take part in any behaviour that could reasonably be deemed inappropriate and disruptive, or contrary to the nature of the Website;
2.7 harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion;
2.8 organise or participate in any activity that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person's view be objectionable and / or inappropriate;
2.9 use abusive, offensive, or defamatory screen names;
2.10 impersonate any other person, or indicate falsely that you are the owner or an administrator of the Website;
2.11 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and / or distribution of counterfeit software;
2.12 upload any files that contain a virus, Trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Website;
2.13 improperly use Website support or make false or spurious reports;
2.14 disobey any local laws, regulations and rules that apply to Website activities when you use the Website.
3 CHANGES TO THE WEBSITE
3.1 I reserve the right to modify or remove any content from the Website at my sole discretion.
3.2 I cannot guarantee that the Website will always be available and reserve the right to remove the Website and all its contents at any time.
3.3 I may add additional features to the website which I judge to make the Website a more effective or more secure educational resource. I may also install updates and upgrades. These terms will also apply to any of these additional features, updates and / or upgrades.
4 MONITORING OF ACTIVITY AND BREACH OF TERMS
4.1 I reserve the right to access, monitor and / or record any online activity within the Website and your Account and you give me your express consent to access and record your activities.
4.2 Any breach or potential breach of any of the above rules of conduct shall be determined by me at my sole discretion.
4.3 Subject to Section 7, I have no liability for any loss or damage caused by your or any third party's violation of the rules of conduct set out in these terms.
4.4 You agree to compensate me where I pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from your use of the Website including any breach of these Terms or your violation of any law or the rights of a third party.
5 TERM PERIOD, SUSPENSION AND TERMINATION
5.1 These Terms apply to your use of the Website at all times, and shall also govern your use of the Website from the date that you first use the Website and shall continue until you no longer use the Website.
5.2 This is a free service and I reserve the right to suspend, restrict or terminate your access to the Website for any reason. This action is most likely to be taken if you breach any of the Terms or if you leave the institution that your Account was linked to.
5.3 Should I decide to terminate your acount, I will endeavour to comunicate the reasons for doing so.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 you acknowledge that all intellectual property rights in the Website and all content appearing within the Website belong to Me, that rights in the Website are licensed to you and you do not acquire any rights in the Website other than the right to use the Website under the terms of this licence. By content, I mean the software, text, communications, images and all material and information included within the Website.
6.2 Any use by you of any of my intellectual property other than as permitted under these Terms may only be undertaken with my prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the Website other than as expressly permitted in these Terms.
7 MY LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
7.1 Nothing in these Terms will exclude or limit my liability for fraudulent misrepresentation, death or personal injury resulting from my negligence, or any other liability which cannot be excluded or limited under applicable law.
7.2. I shall not be liable for any loss or damage arising from the use of or inability to use the Website, or from any action or decision taken as a result of using the Website.
7.3 I shall not be liable for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of using the Website.
7.4 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or due to events beyond my reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God.
8 ENTIRE AGREEMENT
9.1 If any of the Terms are or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
9.1.1 the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
9.1.2 the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
10 RIGHTS OF THIRD PARTIES
10.1 A person who is not a party to the Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
11.1 No waiver of any of the Terms shall be valid unless provided in writing by myself.
12 DATA PROTECTION, SECURITY AND PRIVACY
12.2 I will co-operate with any law enforcement authorities or court order requesting or directing me to disclose the identity of or locate anyone breaching any provision of these Terms due to behaviour that may be deemed a criminal offence or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which I may be required by law to disclose information about you or your use of the Website.
13 HOW TO CONTACT ME FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
13.1 If you require customer support or would like to report a complaint, a fault or abusive behaviour or if you have any other questions or comments in relation to the Website then you may contact me by email at email@example.com.
14 GOVERNING LAW AND JURISDICTION
14.1 In the event of any dispute between you and myself concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law. If you wish to take court proceedings against me you must do so within England and Wales.