TERMS & CONDITIONS | David Morris

Terms and Conditions

Introduction

These Terms and Conditions ("Terms") govern your use of the website(s) ("Website") of David Morris Projects (http://davidmorrisprojects.com); by using the website, you accept them in full. If you disagree with these terms and conditions or any part thereof, you must not use the website.

By using this website and agreeing to these terms and conditions, you consent to David Morris Projects’ Privacy Policy and Terms and Conditions.

The website uses cookies. By using this website and agreeing to these terms and conditions, you consent to David Morris Projects’ use of cookies in accordance with the terms of David Morris Projects’ Privacy Policy.

License to use website

Unless otherwise stated, David Morris Projects and/or its licensors own the intellectual property rights and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without David Morris Projects’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without David Morris Projects’ express written consent.

Restricted access

Access to certain areas of this website is restricted. David Morris Projects reserves the right to restrict access to other areas of this website, or indeed this entire website, at its discretion.

If David Morris Projects provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

David Morris Projects may disable your user ID and password at its discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to David Morris Projects a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to David Morris Projects the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or David Morris Projects or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

David Morris Projects reserves the right to edit or remove any material submitted to this website, or stored on David Morris Projects’ servers, or hosted or published upon this website.

Notwithstanding David Morris Projects’ rights under these terms and conditions in relation to user content, it does not undertake to monitor the submission of such content to, or the publication of, such content on this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. David Morris Projects makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, David Morris Projects does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any of the subject matter of this website, you should seek such advice directly from David Morris Projects.

Limitations of liability

David Morris Projects will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if David Morris Projects has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit David Morris Projects’ liability in respect of any matter which it would be illegal or unlawful for David Morris Projects to attempt or purport to exclude or limit its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, David Morris Projects has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against David Morris Projects officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect David Morris Projects’ owners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as David Morris Projects.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify David Morris Projects and undertake to keep David Morris Projects indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by David Morris Projects to a third party in settlement of a claim or dispute on the advice of David Morris Projects legal advisers) incurred or suffered by David Morris Projects arising out of any breach by you or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to David Morris Projects’ other rights under these terms and conditions, if you breach these terms and conditions in any way, David Morris Projects may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

David Morris Projects may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

David Morris Projects may transfer, sub-contract or otherwise deal with David Morris Projects’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and David Morris Projects in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Contact

If you have any questions or queries about us, our website, our Terms and Conditions of Service or Privacy Policy, please contact us:

David Morris Projects

David Morris Projects OÜ is registered in the European Union (Estonia), operating globally.

Credit

This document was created using a Contractology template available at www.freenetlaw.com

Valid from February 1, 2019 until further notice

Introduction

This policy explains how we collect, use, and protect your personally identifiable information that you provide to us when you visit our website, or when you contract with us for consultancy services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses. By visiting the website, you are accepting the practices described in this policy.

The basics

This privacy policy applies to the website http://davidmorrisprojects.com as well as any other sites or mobile applications owned or operated by David Morris Projects (private limited liability company incorporated in the European Union and operating globally). The website includes any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this privacy policy, whether accessed via computer, mobile device, or other technology, manner or means.

This policy is a legally binding agreement between Davd Morris Projects, and you, an end user, (Member/Subscriber) of our website and any products and services offered thereby.

This policy shall also include our Terms and Conditions of Service (link), along with any supplemental guidelines and policies provided by us from time to time, all incorporated herein by reference.

We will never spam your inbox, provide unsolicited offers or otherwise disclose your personally identifiable information to any third party, unless we have your prior express consent. We work hard to earn and keep your trust; and therefore we adhere to the following principles in order to protect your privacy:

We are committed to respecting your privacy.
We will not sell or lease your personally identifiable information to third parties.
We will not disclose your personally identifiable information to other users or third parties without your consent.
Any personally identifiable information that you provide to us will be secured with industry standard safety protocols and technology.

As used herein and elsewhere, the words “use”, “collect”, “process”, “disclose”, “treat” and analogous shall be related to your personally identifiable information and other data that we may receive from our clients, users and/or visitors, including cookies inside a computer and mobile device IDs.

Information we collect

In order to subscribe to the website, you may need to disclose certain personally identifiable information to us, including but not limited to: name, last name, IP address, email, mobile device ID (e.g. Apple IDFA, Android Advertising ID), mobile device type, browser type, language and/or operating system used.

You represent and warrant that you have any and all rights, licenses, authorizations and clearances required for any and all personally identifiable information that you submit to us, including any releases for the use of their personal image, voice and likeness. If you knowingly misrepresent that you have any and all rights to such material, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.

If you do not wish to disclose any personally identifiable information to us, you may still use some of the functionalities of the website, although we will not be able to guarantee that you will be able to enjoy our products, services and benefits if you elect not to disclose it to us. Overall, it remains your right to close this web tab, unsubscribe from any emails and/or exit the website.

Purpose and process of the collected information

In order for us to offer our products and provide our services, we will need to undertake the storage, use, combination, integration, disclosure, and process of your personally identifiable information; including, in some cases, the transfer to our affiliates and other authorized third parties. If you subscribe, we will collect your name and your email and other information necessary in order to provide services.

We may generally collect, use and disclose your personally identifiable information to:

Send recommendations about your browsing preferences.
Verify your e-mail address and other account notices.
Improve your user experience and provide you with personalized support.
Develop, research, process, safeguard and improve our services.
Answer queries and suggestions you submit to us.
Improve your user experience, offer newsletters, promotions, surveys, send service related announcements and contact you about inquiries for our services.

Control of your information

In order to enforce your privacy rights, please contact us through email or through our Contact page.

Your privacy request must include, at the least, the following information:

(a) your complete name and e-mail address in order for us to respond to your request;

(b) attached documents establishing your identity; and

(c) a clear and concise description of the personally identifiable information with regard to which you seek to enforce any of your privacy rights.

If you request rectification, please indicate amendments to be made and attach documentation to support your request.

Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your personally identifiable information from our website. Please take into account that we may not be able to delete all of your data from our secure databases or the databases of third parties to which your personally identifiable information has already been disclosed. If that is the case, please contact such third parties directly in order to request enforcement of your privacy rights. In case of secure databases under our control where deletion becomes impossible, we will make such information inaccessible.

Safety of your information

We use industry standard protocols and technology to protect your registered user information and personally identifiable information.

Your personally identifiable information is only accessible by a limited number of people who have special access rights given by David Morris Projects.

We implement and maintain reasonable security measures to protect our databases and records from unauthorized access, acquisition, destruction, use, modification or disclosure. However, please take into consideration that the internet and related transmissions are not secure or error free communication means.

Social media

The website may offer the functionality of using your social media and other third party credentials (e.g. Facebook and Google) to execute single-sign-on, and in that manner we will also collect your personally identifiable information as provided to us by such third party platforms; such as your photos, information of your social media contacts and their common contacts, login data and profile information such as “about me”, “friend lists” and “interests”.

We will not collect more information when using such credentials beyond the personally identifiable information such third parties generally disclose to us via their services. For more information, please refer to the terms and policies of such platforms.

Please take into consideration that if you post information on a public forum, message board, blog or bulletin board, any personally identifiable information you elect to disclose therein there may or will be read, collected and/or used by other users of such forums and could be used by third parties to send you unsolicited messages.

Parental notice

Through the simple use of the website and our services, you hereby represent and warrant that you are at least eighteen (18) years of age –or older– as of the date of first access thereof. If you are still a minor (which may depend on the jurisdiction where you reside), you must access our website under the direct supervision of your parent or legal guardian.

We do not knowingly collect any kind of information from persons under the age of sixteen (16). If we learn or have reason to suspect that one of our users is under the age of sixteen (16), we will delete that account, along with any information thereof.

Information release and disclosure

We must reserve our right to disclose your personally identifiable information when we or our affiliates, clients, contractors, licensors, officers, agents and/or representatives reasonably believe it necessary to protect our interests, or where you are in breach of Terms and Conditions of Service and/or this policy. Accordingly, we will have the right to disclose any and all collected personally identifiable information and/or data, under the following circumstances:

If required under applicable law, rules or regulations (such as when you contract a service from us).
In response to a valid request or subpoena from a government or law enforcement agency.
To defend ourselves and our affiliates, licensors, officers, agents and representatives from legal claims and processes brought to us by third parties (including takedown notices).
To defend the property, rights and integrity of any of our users, advertisers or licensors.
To stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.

We may also share non-personal information with third parties, such as aggregate user statistics, demographic information, and web site usage information.

Newsletters and commercial messages

A CEM (Commercial Electronic Messages) is a message in an electronic format (e.g. email, SMS, push notifications and other form of communications) which is then sent to an electronic address (e.g. email, mobile device) and that contains a message asking recipients to participate in commercial activities (e.g. purchase of products, services and invitations to participate in user research).

Our email newsletters are considered CEMs. If you subscribe to a newsletter on our website your personally identifiable information (collected via embedded sign-up forms) may be transferred to and processed by a standard email provider service.

Processing activities performed by our email provider service may include (but not limited to):

(a) collection (e.g., via sign-up forms) and storage of personal data (within our email provider account in order to allow us to create and use distribution lists, send marketing email campaigns, and place online advertisements), and

(b) the transfer of personal data to our email provider’s sub-processors.

Please take into consideration that we are not responsible for the privacy and personal data practices undertaken by the email provider (including any tools, cookies, information or content contained thereunto), and that we do not have control over the manner in which it may collect, process, treat or use your personally identifiable information.

The email provider gives you the option to subscribe or unsubscribe at will, following the unsubscribe links contained in every email sent by us via our email provider.

You can also update your information with the link provided in every email.

System messages, confirmation and billing emails

If you subscribe to our website or contract a service, our system may send you automatic confirmation emails (invoices and other necessary information) and system messages from time to time. It happens with your consent on registration, so please do not register on our website or contract a service from us if you do not wish to receive such emails.

Cookies and beacons

From time to time, we may use and place so-called ‘cookies’ in your computer in order to track and collect data regarding your use of our website and our services. Cookies are small text files that our website transfers to you and that allow us to recognise you and obtain data such as how, when and how long you browse pages on our website. We also use so-called ‘beacons’, which are small files, sometimes only a pixel in size, embedded into the pages of our website. Beacons are used to identify each of our pages in order to be analysed by our system tools. You can always configure your browser to refuse cookies and beacons. For more information, please visit www.allaboutcookies.com.

Third party sites and services

Our website may display hyperlinks to the sites of our partners/ clients and other third parties. If you click on such links, you are choosing to visit such sites, and will be redirected there.

Please take into consideration that we are not responsible for the privacy and personal data practices undertaken by such third parties (including any tools, cookies, information or content contained thereunto), and that we do not have control over the manner in which such third-parties may collect, process, treat or use your personally identifiable information.

When you use such links to go to another site, this policy and our Terms and Conditions of Service are no longer in effect and your browsing thereof is on your own and final risk. In addition, any banner or ad that we may have on our website does not constitute any endorsement of any third party thereo

Advertising opt-out

From time to time, we may use ad tracking codes, and other third party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our website. These ads will be targeted based on your previous browsing history, and may include retargeting codes. For example, third party vendors may show you ads on certain sites across the internet, even after you leave our website. The collected information is anonymous, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.

Our third party vendors may also use cookies and beacons to track your Internet browsing in order to serve you ads based on what they or we believe to be of interest according to your browsing activities and consumer preferences. Henceforth, by using our website, you consent to such disclosure, treatment and storage of personally identifiable information.

In order to enforce and uphold your right to privacy, you have the option to elect not to receive this type of advertising from us or third parties, now or in the future. You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com. In addition, you may set browser, mobile device and computer system preferences for how other third parties serve ads to you.

Consent

By using our website you consent to the collection and use of your personally identifiable information as described in this policy.

Payment processors

We may use third-party payment processors to manage any transactions undertaken through the website. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. David Morris Projects is not responsible for any and all fees, delays or errors by such payment processors.

International disclosure

Upon the case where David Morris Projects specifically undertakes the process of collection of personal data that has been duly disclosed by you to us, by clicking the “Subscribe” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and accept to such transfer.

Amendments, changes, updates

We reserve the right to amend, change, suspend and/or update our website, our services, this policy and/or our Terms and Conditions of Service, in whole or in part, from time to time and at our sole and final discretion. Any such changes will be effective immediately upon being posted, unless otherwise stated.

Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications. We will post any updates on our website, and may also send you an email or otherwise notify you of any material changes to this policy.

Contact

If you have any questions or queries about us, our website, our Terms and Conditions of Service or this policy, please contact us using the contact form on this website below.

Effective Date

Date of last effective update is February 1, 2019