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Terms

These Terms of Services was updated on and its effective date is: 12 March 2024

Our mission is to champion and support contemporary visual arts in the UK and broaden public engagement with the arts. 

General Information Regarding These Terms of Use

These Terms of Services (these “Terms”) are a binding contract between you and Axis (hereafter “we”, “us”, “our”, “Company”, “Axis” or “Axisweb”). 

We are a Registered Charity (no. 1002841) and company limited by guarantee in England and Wales (no 02595018). Our registered office is The Art House, Drury Lane, Wakefield, WF11 8JS.

The Terms apply to your access to, and your use of our Axis Websites, (“Website”), or our Axis Web Application (“App”) and other online products or services that link to these Terms (collectively, the “Services”) through our Website or App.

These Terms incorporate by reference our Privacy Policy, which you may find when you visit the Website or when you access our App.

Your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and these Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, these Terms, together with any Additional Terms, form a binding legal agreement between you and Axis in relation to your use of the Services. 

Collectively, this legal agreement is referred to below as the “Terms.”

Acknowledgement and Acceptance of our Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF OUR SERVICES (INCLUDING MEMBERSHIP), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS.

By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorised to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Summary of Terms

As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:

  • each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;
  • the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
  • you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;
  • the Services are provided “as is” without warranties of any kind and our liability to you is limited.

Changes to these Terms

From time to time, Axis may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s), Service(s), App(s)  and notify those of you with a current Axis account via email.

All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Third-Party Software

The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate licence terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.

Target Audience

The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.

If you are using the Services on behalf of any person, you represent and warrant that you are authorised to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

Accounts and Account Security

  1. Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that entity, organisation, or company to these Terms and that you agree on behalf of that entity, organisation, or company to be bound by these Terms.
  2. Registration: Anyone who is otherwise eligible to use the Services in accordance with these Terms may browse the public-facing pages of the Services. But to use most features of the Services, you must create an account (“Account”). Each organisation, Administrators, and Authorised Users are, collectively, “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”
  3. Account Security: Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you will use reasonable efforts to prevent unauthorised access to or use of the Services and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Services. You are solely responsible for maintaining the confidentiality of your password. Note, if you contact us requesting assistance, we are able to reset or set specific passwords for you. However, after you are able to login successfully, we encourage you to change your password. If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify Axis via e-mail at hello@axisweb.org. Please note that Axis is able to mask into your account to see your account’s perspective for customer support and moderation purposes. You will be solely responsible for the losses incurred by Axis and others due to any unauthorised use of your Account.

Restrictions, Ownership, and Licence

The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United Kingdom (U.K.) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Axis makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Axis or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Axis or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Axis and or third-party service providers and is protected by copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as Axis conferring any licence or right, by implication, or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.

You are hereby granted a personal, non-exclusive, non-transferable, limited licence to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the licence(s) granted herein.

You also may not, without the permission of Axis, “mirror” any of the Materials on any other server. Any unauthorised use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.

The following are the terms of idea submissions. All submissions, suggestions, ideas, or other information (the “Submission”), except your personal information, communicated to Axis through the Services, become the sole and exclusive property of Axis. Axis is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Axis endeavors. Axis will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity globally, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Axis, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.

Axis has the right but not the obligation to monitor and edit or remove any activity or content. Axis takes no responsibility and assumes no liability for any content posted by you or any third party.

The trademarks, service marks, and logos, including but not limited to Axis’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Axis or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Axis’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Axis. Axis prohibits use of the Axis and/or Axis’s logo as a “hot” link to any website, unless Axis first approves the establishment of such a link writing.

User Conduct

As a specific condition of your use of any of the Services, you explicitly agree not to 

  1. use any of the Services for any purpose that is unlawful or encourage others to act unlawfully or as prohibited by these Terms; 
  2. intentionally submit or transmit inaccurate information through the Services; 
  3. impersonate or pretend to be anyone else while using the Services;  
  4. use an offensive screen name (e.g., explicit language) or avatar (e.g., containing offensive imagery);
  5. harass or stalk any person;
  6. harm or exploit minors or puts children at risk;
  7. distribute “spam” in any form or use misleading metadata;
  8. collect personal information about others;
  9. provide links to sites that contain content prohibited under Content Restrictions; 
  10. use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; 
  11. attempt to gain unauthorised access to Axis computer systems or networks connected to Axis, through hacking, password mining or any other means; 
  12. attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; 
  13. obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; 
  14. you may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorised to access; 
  15. introduce any malicious or technologically harmful material into our Services; 
  16. develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and 
  17. use our Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.

Third-Party Content

The Services may contain links to or from third-party websites. Axis has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. 

If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Axis is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. 

Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by Axis.

User Content

  1. Your Content: If you are using the Services, you may be able to upload, post, or otherwise submit (“Submit”) content. Axis claims no ownership of your content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any content that you post on or through the Services.
  2. Messages: The Services may allow Registered Users to send messages (“Messages”) to other Registered Users. Axis may terminate the ability of a Registered User to send Messages at any time and for any reason, without notice or liability to that Registered User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to hello@axisweb.org. You agree that Axis may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
  3. Content Generally: All forms of content that Users share with one another or with Axis through our Services are collectively referred to as “User Content.”
  4. You warrant and represent that you either (a) own all right, title and interest to your Content and to any likenesses contained in your Content or (b) have the legal right to post such Content via Axis and to grant the licence to us in the following paragraph and other rights referred to in these Terms.
  5. Limited Licence Grant to Axis: You grant Axis a world-wide, non-exclusive, royalty-free, transferable, limited licence to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content (in whole or part) that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilise. Axis may use the content: (a) as an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you; and (b) in promotional or marketing activities such as via social media or in web banners, where you are credited accordingly. Axis will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilise unless you tell us to. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
  6. Limited Licence Grant to Other Users: By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive licence to share that User Content, and to access and use that User Content as permitted by these Terms and the functionality of the Services. Such use of your content is for Other Users personal, educational and non-commercial purposes.
  7. Content Restrictions. Your agree not to engage in or upload any of the following:
    • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
    • Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
    • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
    • Promotes or supports terror or hate groups;
    • Exploits minors or puts children at risk;
    • Depicts unlawful acts or extreme violence;
    • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
    • Depicts animal cruelty or extreme violence towards animals;
    • Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
    • Makes false or misleading claims;
    • Conveys false or misleading health-related information that has a serious potential to cause public harm;
    • Claims that mass tragedies are hoaxes or false flag operations;
    • Depicts or encourages self-harm; 
    • Advertise or solicit others to purchase any product or service;
    • Anything that would harm Axis’s reputation; or
    • Violates any applicable law.
  8. Content Disclaimer: You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Axis, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. Axis will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Axis may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgement violates these Terms or is otherwise objectionable.

We do not pre-screen, monitor, review or edit the Content posted by users of the Services. However, we and our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgement does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. 

We also may suspend or terminate your Account, Membership or access to the Services if we determine, in our sole discretion, you violate any of these rules.

We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to us.

You agree to immediately notify us of any unauthorised use of the Services or any other breach of security that you know or suspect. 

Membership

By submitting to become a member of Axis, you acknowledge that you have read, understood, and, in the event you are accepted for membership, agree to be bound by the Axis Membership Charter, including the Code of Conduct and any policies referenced and incorporated therein. 

If you are admitted as an Axis Member, these terms and the Axis Membership Charter shall govern your use of and participation in Axis and the Services. Note that your participation in such fora may also be governed by additional rules and guidelines for doing so. 

Please see Axis’s Privacy Policy for more information about how your information will be used.

Subscriptions, Fees and Payments

By choosing to subscribe as a member or to any of our paid-for services you agree to pay Axis the monthly, annual or one-off fee indicated for that service. Payments will be charged on a pre-pay basis the day you subscribe and will cover the use of that service as indicated.

Renewal

By default all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. 

It is your responsibility to renew the applicable subscription before it expires in order to avoid any interruption or access to the Service.

Axis reserves the right to deny subscriptions, renewals, and other purchases for any reason. 

Refunds

If you are not happy with your Axis subscription, send a refund request to support@axisweb.org within 14 days of your purchase. After this date any refunds will be at Axis's sole discretion.

After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Axis. 

If your account is terminated due to your breach of our Terms during the relevant cancellation period, you will not be refunded. 

Other Payments

Purchases of other products and services through Axis are subject to other terms and conditions that are presented to you at the time of purchase.

Revision Date, Modifications

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Axis may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Axis expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

Copyright Infringement

As noted above, we do not pre-screen, monitor, review or edit the User Content posted, uploaded or submitted by users of the Services. Axis adopts a neutral hosting role in relation to User Content posted on the Services and avails of the “hosting safe harbour” under Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 (as amended).

If you believe in good faith that User Content posted on the Services infringes your copyright, you should send Axis an infringement notice or claim called a “Notification of Claimed Infringement”, requesting that the User Content be removed, or access to it blocked. 

On receipt of a Notification of Claimed Infringement, Axis will immediately take down the alleged infringing User Content from the Services pending investigation. 

For full information in relation to how Axis manages alleged copyright infringement in relation to User Content hosted on the Services, please see our Copyright Policy which can be accessed here. 

Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Axis for certain costs and damages.

Disclaimers

THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. AXIS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

AXIS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO COPYRIGHT DISPUTES / INFRINGEMENTS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. AXIS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. AXIS IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUBSIDIARIES, MEMBERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES INCLUDING YOUR VIOLATION OF THESE TERMS.. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF £100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes with Third Parties

AXIS IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, MEMBER, USER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE NON-EMPLOYEE WORKER, MEMBER, USER , THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE AXIS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY AXIS FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD AXIS NOT RECEIVE PAYMENT FROM THE THIRD PARTY, AXIS RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD AXIS HARMLESS AND RELEASE AXIS FROM ANY ASSOCIATED CLAIMS.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Axis Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

If you wish to terminate this Agreement or your Axis account, you may simply discontinue using the 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.

Consent to Electronic Communication

By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to Axis using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.

General

This Agreement constitutes the entire agreement between Axis  relating to your access to and use of the Services. This Agreement is not assignable, transferable or sub-licensable except with Axis's prior written consent. 

This Agreement shall be governed by and construed in accordance with the laws of England. Only English courts can make judgments about them.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Axis in any respect whatsoever. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Axis’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:

Email: hello@axisweb.org

Axis
The Art House
Drury Lane
Wakefield
WF1 2TE

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