COI Terms and Conditions

We maintain this Web Site ("Web Site") in order to provide you with information about auctions and other events and services taking place at or available through Colours of Inspiration (“COI”). The following terms and conditions (the "Terms and Conditions") govern your use of the COI's Web Site on which they are posted. Your use of certain areas or features of the Web Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your use of COI's Website will be governed solely by COI's User Agreement and not by these Terms and Conditions. The Web Site is owned and operated by COI ("COI" or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without direct notice to you, but by posting such changes on the Web Site. BY ACCESSING, USING, BROWSING, OR BUYING ON THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Your use of the Web Site constitutes your agreement to all terms, conditions and notices contained herein or otherwise posted on the Web Site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site. Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Web Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Web Site, and you agree to be bound by such rules. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.

1. Proprietary Rights . As between you and COI, COI owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organisation of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Web Site does not grant to you ownership of any content, software, code, data, or materials you may access on the Web Site.

2. Limited License . We offer the Web Site and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Web Site. You may access and view the content on the Web Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Web Site for your internal use only. The Web Site and the services offered on or through the Web Site, including any content, software, code, data and materials thereon, are only for your own internal use.

3. Prohibited Use . Any commercial distribution, publishing or exploitation of the Web Site, or any content, software, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission of COI or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Web Site. If you make other use of the Web Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the courts of England and may be subject to liability for such unauthorised use. The courts of England and Wales will have exclusive jurisdiction over any claim arising from or related to a visit to this Web Site although we have the right to bring a claim against you in your local jurisdiction. If you have accessed the Web Site from outside the UK, then you are responsible for compliance with the laws of your jurisdiction. COI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks . The trademarks, logos, the official COI authentication seal and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours that may not be used unless authorised by COI. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Web Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Web Site is strictly prohibited. COI will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. User Information . In the course of your use of the Web Site, you may be asked to provide certain personalised information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. COI does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by the other users will be at your own risk.

6. Registration, Passwords and Signatures. In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete or the COI has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, COI has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are responsible for maintaining the confidentiality of any such password, screen name and account, and are fully responsible for all activities that occur under your password, screen name or account. You agree to (a) immediately notify COI of any unauthorized use of your password, screen name or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. COI cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

7. Submitted Materials . Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

8. Prohibited User Conduct . You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorised access to other computer systems through the Web Site; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Web Site or the Web Site's services or features in violation of COI's or any third party's intellectual property or other proprietary or legal rights; or (h) use the Web Site or the it's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Web Site or the it's services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

9. Right to Monitor and Editorial Control . COI reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Web Site or through the Web Site's services or features by users, and COI is not responsible for any such information and materials posted by users. However, COI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in COI's sole discretion are objectionable or in violation of these Terms and Conditions, COI's policies or applicable law. We may also impose limits on certain features or services or restrict your access to part or all of the links without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

10. Orders for Products and Services . We may make certain products available for purchase through the Web Site to visitors and registrants of the Web Site, including, for example, our Art Gallery page. You may only order products if you agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to COI. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

11. Liability Disclaimers: COI does not warrant that the Web Site will operate error-free, continuously or without interruption, or that the Web Site or its server are free of computer viruses or other harmful content. If your use of the Web Site or the material results in the need for serving or replacing equipment or data, COI is not responsible for the costs.

The Web Site and material are provided on an “as is” basis without any warranties of any kind. COI to the fullest extent permitted by law disclaims all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for a particular purpose. COI makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.

12. Local Standards . We do not represent that materials on the Web Site are appropriate for use in all locations. Persons who choose to access the Web Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Termination . COI may terminate, change, suspend, add to or discontinue any aspect of the Web Site or its services at any time, in our sole discretion, and without liability to any user. COI may restrict, suspend or terminate your use of or access to the Web Site and/or its services if we believe you are in breach of or are attempting to violate our terms and conditions or applicable law, or for any other reason without notice or liability. COI maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

14. Changes to Terms and Conditions and Site . COI reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Web Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services offered on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

15. Miscellaneous . The Terms and Conditions and the relationship between you and us shall be governed by the laws of laws of the courts of England, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in England. You agree to submit to the personal and exclusive jurisdiction of the courts located within England. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by COI must be made in writing and signed by an authorised representative of COI specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, COI's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights to rely upon or enforce any term or provision of this Agreement.