Website of Andy Tytler
The following terms and conditions govern all use of the andytytler.com website and content and services available at or through the website. The Website is owned and operated by Andy Tytler ("Owner"). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by Owner (collectively, the "Terms and Conditions").
Please read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the Terms and Conditions, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer by Owner, acceptance is expressly limited to these terms.
Submitting Information
If you post or submit material to the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available or submitting Content, you represent and warrant that:
(i) the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights of any third party;
(ii) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) the Content is not pornographic, does not contain threats, harassment, abuse, or incite violence, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, Owner has the right (though not the obligation) to, in Owner's sole discretion:
(i) refuse or remove any content that, in Owner's reasonable opinion, violates any Owner policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Owner's sole discretion.
Privacy Policy
Website Visitors
Like most website operators, Owner collects non–personally identifying information (NPII) of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Owner's purpose in collecting NPII is to better understand how Owner's visitors use its website. From time to time, Owner may release NPII in the aggregate, for example by publishing a report on trends in the usage of its website.
Owner also collects potentially personally identifying information (PII) like Internet Protocol (IP) addresses for users submitting or making available Content. Owner only discloses IP addresses under the same circumstances that it uses and discloses PII as described below.
Gathering of Personally Identifying Information (PII)
Certain visitors to Owner's websites choose to interact with Owner in ways that require Owner to gather PII. The amount and type of information that Owner gathers depends on the nature of the interaction. For example, Owner asks visitors who fill out the contact form to provide their names and email addresses. In each case, Owner collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor's interaction with Owner. Owner does not disclose PII other than described below. And visitors can always refuse to supply PII, with the caveat that it may prevent them from engaging in certain Website-related activities.
Aggregated Statistics
Owner may collect statistics about the behaviour of visitors to its websites. For instance, Owner may monitor the number of visitors to the site during given times of the day, week, or year or use spam screened out by filters to help identify spam. Owner may display this information publicly or provide it to others. However, Owner does not disclose PII other than described below.
Protection of Certain PII
Owner discloses potentially PII and PII only to those of its employees, contractors, and affiliated organizations that:
(i) need to know that information in order to process it on Owner's behalf or to provide services available at Owner's websites, and
(ii) that have agreed not to disclose it to others.
Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Owner's websites, you consent to the transfer of such information to them. Owner will not rent or sell potentially PII and PII to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Owner discloses potentially PII and PII only in response to a subpoena, court order, or other governmental request, or when Owner believes in good faith that disclosure is reasonably necessary to protect the property or rights of Owner, third parties, or public at large. Owner takes all measures reasonably necessary to protect against unauthorized access, use, alteration, or destruction of potentially PII.
Business Transfers
If Owner (or substantially all of its assets) were acquired, or in the unlikely event Owner goes out of business or enters bankruptcy, user potentially PII and PII would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Owner's site or assets may continue to use your PII as set forth in this policy.
Privacy Policy Changes
Owner may change its Privacy Policy from time to time, and in Owner's sole discretion. Owner encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Termination
Owner may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the agreement to these Terms and Conditions, you may simply discontinue using the Website. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including (without limitation) ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranty
The Website is provided "as is". Owner and its suppliers and licensors hereby disclaim all warranties of any kind (express or implied) including (without limitation) the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Owner nor its heirs, distributees, executors, administrators, successors, or lawful assigns makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own risk and discretion.
Limitation of Liability
In no event will Owner, or its heirs, distributees, executors, administrators, successors, or lawful assigns, be liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability, or other legal or equitable theory for:
(i) any special, incidental, or consequential damages;
(ii) the cost or procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data;
Owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that:
(i) your use of the Website will be in strict accordance with the Privacy Policy contained in these Terms and Conditions, with these Terms and Conditions, 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 States or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Owner and its heirs, distributees, executors, administrators, successors, and lawful assigns and their respective employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the Website, including but not limited to your violation of these Terms and Conditions. If you are actually taking the time to read these rules that I worked very hard on, please give yourself a pat on the back and drop me a line with the first sentence of your message exactly "I would like a cookie." I'll reply with an illustration of a cookie if I remember that I put this line here.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Owner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Owner, or by the posting by Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Queens County, New York. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys' fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms and conditions; Owner may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefits of the parties, their heirs, distributees, executors, administrators, successors, and lawful assigns.
Changes and Amendations Log
First published: 4 April 2016
Last modified: 09 January 2021
Please read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the Terms and Conditions, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer by Owner, acceptance is expressly limited to these terms.
Submitting Information
If you post or submit material to the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available or submitting Content, you represent and warrant that:
(i) the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights of any third party;
(ii) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) the Content is not pornographic, does not contain threats, harassment, abuse, or incite violence, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, Owner has the right (though not the obligation) to, in Owner's sole discretion:
(i) refuse or remove any content that, in Owner's reasonable opinion, violates any Owner policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Owner's sole discretion.
Privacy Policy
Website Visitors
Like most website operators, Owner collects non–personally identifying information (NPII) of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Owner's purpose in collecting NPII is to better understand how Owner's visitors use its website. From time to time, Owner may release NPII in the aggregate, for example by publishing a report on trends in the usage of its website.
Owner also collects potentially personally identifying information (PII) like Internet Protocol (IP) addresses for users submitting or making available Content. Owner only discloses IP addresses under the same circumstances that it uses and discloses PII as described below.
Gathering of Personally Identifying Information (PII)
Certain visitors to Owner's websites choose to interact with Owner in ways that require Owner to gather PII. The amount and type of information that Owner gathers depends on the nature of the interaction. For example, Owner asks visitors who fill out the contact form to provide their names and email addresses. In each case, Owner collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor's interaction with Owner. Owner does not disclose PII other than described below. And visitors can always refuse to supply PII, with the caveat that it may prevent them from engaging in certain Website-related activities.
Aggregated Statistics
Owner may collect statistics about the behaviour of visitors to its websites. For instance, Owner may monitor the number of visitors to the site during given times of the day, week, or year or use spam screened out by filters to help identify spam. Owner may display this information publicly or provide it to others. However, Owner does not disclose PII other than described below.
Protection of Certain PII
Owner discloses potentially PII and PII only to those of its employees, contractors, and affiliated organizations that:
(i) need to know that information in order to process it on Owner's behalf or to provide services available at Owner's websites, and
(ii) that have agreed not to disclose it to others.
Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Owner's websites, you consent to the transfer of such information to them. Owner will not rent or sell potentially PII and PII to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Owner discloses potentially PII and PII only in response to a subpoena, court order, or other governmental request, or when Owner believes in good faith that disclosure is reasonably necessary to protect the property or rights of Owner, third parties, or public at large. Owner takes all measures reasonably necessary to protect against unauthorized access, use, alteration, or destruction of potentially PII.
Business Transfers
If Owner (or substantially all of its assets) were acquired, or in the unlikely event Owner goes out of business or enters bankruptcy, user potentially PII and PII would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Owner's site or assets may continue to use your PII as set forth in this policy.
Privacy Policy Changes
Owner may change its Privacy Policy from time to time, and in Owner's sole discretion. Owner encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Termination
Owner may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the agreement to these Terms and Conditions, you may simply discontinue using the Website. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including (without limitation) ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranty
The Website is provided "as is". Owner and its suppliers and licensors hereby disclaim all warranties of any kind (express or implied) including (without limitation) the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Owner nor its heirs, distributees, executors, administrators, successors, or lawful assigns makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own risk and discretion.
Limitation of Liability
In no event will Owner, or its heirs, distributees, executors, administrators, successors, or lawful assigns, be liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability, or other legal or equitable theory for:
(i) any special, incidental, or consequential damages;
(ii) the cost or procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data;
Owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that:
(i) your use of the Website will be in strict accordance with the Privacy Policy contained in these Terms and Conditions, with these Terms and Conditions, 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 States or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Owner and its heirs, distributees, executors, administrators, successors, and lawful assigns and their respective employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the Website, including but not limited to your violation of these Terms and Conditions. If you are actually taking the time to read these rules that I worked very hard on, please give yourself a pat on the back and drop me a line with the first sentence of your message exactly "I would like a cookie." I'll reply with an illustration of a cookie if I remember that I put this line here.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Owner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Owner, or by the posting by Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Queens County, New York. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys' fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms and conditions; Owner may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefits of the parties, their heirs, distributees, executors, administrators, successors, and lawful assigns.
Changes and Amendations Log
First published: 4 April 2016
Last modified: 09 January 2021