LONG WAY UP WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

1.1 https://www.longwayup.com and https://shop.longwayup.com are websites (together, the Website) operated by Long Way Productions Limited, a limited company registered in England and Wales under registration number 12066542with its registered office at Dalton House, 60 Windsor Avenue, London, United Kingdom, SW19 2RR (Long Way Up, we, us, our). Our VAT number is 30256634

1.2 Please read these Terms and Conditions (Terms) carefully as they set out the basis on which you may access, and/or use the Website and all features, content, materials and information made available via the Website (Content). Please also see the Long Way Up Privacy Policy which sets out details of how we will process your personal information.

1.3 By accessing and/or using the Website you are confirming to us that you have read these Terms and that you agree to be bound by these Terms.

1.4 We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. If you do not accept any new Terms, we publish then you should not access the Website.

2. CONTACTING US

If you would like to contact us for any reason in connection with the Website, including to make a complaint about the Website or anything contained in the Website, please contact us using the contact form on our Website.

3. ACCESS TO AND USE OF THE WEBSITE

3.1 There is currently no charge to access and/or use the Website. We may stop offering the Website (free of charge or otherwise) at any time.

3.2 You agree that you will not:

3.2.1 reverse engineer, decompile, disassemble or otherwise attempt to obtain the Website’s source code, other than as permitted by applicable law;

3.2.2 copy, display or otherwise use the Content outside of the Website; or

3.2.3 use software (including any spider, scraper or bot) to monitor, harvest or copy any information from the Website.

3.3 You acknowledge that all Content made available via the Website is confidential and proprietary to Long Way Up and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Website.

3.4 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.

3.5 You are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses your device to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.

4. MAINTENANCE AND SUPPORT

We do not guarantee that the Website will always be available or that it will be updated. You understand that we may suspend, restrict access to or discontinue the Website or make changes to the Website at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Website, we will endeavour to notify you of the discontinuance of the Website reasonably in advance of the date on which such discontinuance takes effect.

5. INTELLECTUAL PROPERTY

5.1 The Website and any and all Content belong to Long Way Up and/or our licensors and are protected by intellectual property laws around the world. The Website and any and all Content are licensed to you in accordance with these Terms.

5.2 Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Content for solely viewing within the Website.

5.3 You are only allowed to access and/or use the Website in accordance with these Terms. You are not allowed distribute or transfer or communicate to the public the Website or any Content or interfere with the normal operation of the Website (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Website or any updates or any part thereof (including Content), other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Website will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

6. YOU WILL NOT INTRODUCE VIRUSES

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. ACCEPTABLE USE

7.1 You may use the Website and Content only for lawful purposes. You may not use the Website and/or any Content:

7.1.1 In any way that breaches any applicable local, national or international law or regulation.

7.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

7.1.3 For the purpose of harming or attempting to harm minors in any way.

7.1.4 To bully, insult, intimidate or humiliate any person.

7.1.5 To send, knowingly receive, upload, download, use or re-use any material using the Website.

7.1.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

7.1.7 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7.2 You also agree:

7.2.1 Not to reproduce, duplicate, copy or re-sell any part of the Website and/or any Content in contravention of the provisions these Terms.

7.2.2 Not to copy, display or otherwise use the Content outside of the Website.

7.2.3 Not to access without authority, interfere with, damage or disrupt:

(a) any part of the Website;

(b) any equipment or network on which the Website is stored;

(d) any equipment or network or software owned or used by any third party.

8. LIABILITY

8.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.

8.2 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

8.3 We do not guarantee that the Website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Website or any Content will be free from errors or omissions.

8.4 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

8.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our Terms of Sale.

8.6 If you are a business user:

8.6.1 Please note that the Website and any Content are provided on an "as is" basis and we do not make, and expressly exclude, any representation or warranty of any kind, either express or implied in relation to the Website or any Content including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.

8.6.2 Although we make reasonable efforts to update the information on our site we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

8.6.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Website or any Content; or (ii) use of or reliance on any Content.

8.6.4 In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

8.6.5 Our total liability to you for all other losses arising under or in connection with the use of Website or any Content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £10.

8.7 If you are a consumer:

8.7.1 Please note that our Website is for domestic and private use only. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. LINKING TO THE WEBSITE

You may link to the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our site in any website that is not owned by you. You may not frame or deep link this website. The website from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists. We reserve the right to withdraw linking permission without notice.

10. TERMINATION

10.1 We reserve the right to change, edit, suspend, delete and/or cancel any part of the Website (and/or your access to it) at any time with or without notice to you.

10.2 On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease; (b) you must immediately cease all activities authorised by these Terms; and (c) you acknowledge that we may restrict your access to the Website.

10.3 When your use of the Website ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

11. GENERAL

11.1 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.

11.2 You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

11.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

11.4 If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.

11.5 These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts save for: (i) if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland; and (ii) if you are a consumer and resident in Scotland you may also bring proceedings in Scotland.

These Terms were last updated on 29th September 2020