Terms and Conditions

Last Updated: June 21, 2024

Welcome to Evening Ridge. These Terms and Conditions ("Terms") govern your access to and use of the Evening Ridge website at eveningridge.sbs (the "Site") and all content, services, and products available through the Site.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of its services.

1. Acceptance of Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will always be posted on our Site. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

3. Account Responsibilities

If you create an account on the Site, you are responsible for maintaining the security of your account and password. You are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

4. Intellectual Property Rights

4.1 Site Content

The Site and its original content, features, and functionality are owned by Evening Ridge and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

4.2 User Content

By submitting content to the Site (including comments, feedback, and other user-generated content), you grant Evening Ridge a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or control all rights to the content you submit and that such content does not violate these Terms or any applicable law.

5. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Evening Ridge, a Evening Ridge employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Evening Ridge or users of the Site, or expose them to liability.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

6. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by Evening Ridge. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Evening Ridge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

7. User Submissions

The Site may allow you to submit comments, feedback, or other content. By submitting any content, you:

• Confirm that you are the author of the content, or that you have the right to submit it.
• Grant us the right to display and use the content as described in Section 4.2.
• Agree that your content will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
• Agree that your content will not contain libelous or otherwise unlawful, abusive, or obscene material.
• Agree that your content will not contain any viruses, worms, malware, or other harmful content.

We have the right, but not the obligation, to monitor and edit or remove any content submitted to the Site. We take no responsibility and assume no liability for any content posted by you or any third party.

8. Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Evening Ridge MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Evening Ridge DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Evening Ridge DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM Evening Ridge ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

IN NO EVENT SHALL Evening Ridge, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO Evening Ridge (IF ANY) IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) £100.00.

10. Indemnification

You agree to defend, indemnify, and hold harmless Evening Ridge, its directors, officers, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

13. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Assignment

Evening Ridge may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign your rights under these Terms without our prior written consent, and any attempt to do so will be null and void.

15. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between you and Evening Ridge regarding your use of the Site, and supersede all prior agreements and understandings with respect to the same.

16. Contact Us