Site Terms of Use

1 Definitions & interpretation

1.1 Definitions

In these terms, the following words and expressions will have the following meanings unless otherwise stated:

‘Owners’ Area’ means any password-protected area of the Website intended for use by holders of licences of a product purchased from our online store.

'Product' means a product of The Worms of Art marketed under the "Pshelf" or any other brand name.

‘The Worms of Art’ means The Worms of Art Limited (Company Number 4555391) of PO Box 1253, Kingston upon Thames, Surrey, KT1 4YA, United Kingdom.

‘Website’ means the website at the URL of and any other website owned or operated by The Worms of Art.

‘You’ are the person or organisation using the Website.

1.2 Interpretation

1.2.1 Any headings in these terms are for ease of use and are not intended to form part of these terms nor effect their interpretation.

1.2.2 Reference to something in the masculine form includes the feminine and neuter forms and vice versa and reference to the singular includes the plural and vice versa.

1.2.3 For all purposes in these terms, “writing” includes electronic transmissions.

2 Owners' Area

2.1 At the sole discretion of The Worms of Art, the Owners’ Area may contain support information, tutorials and other support material. You are prohibited from:

2.1.1 making more than one copy (for use by an Authorised User (as defined in the licence agreement relating to a Product)) of any material contained in the Owners’ Area;

2.1.2 passing to third parties any material contained in the Owners’ Area;

2.1.3 disclosing passwords to someone other than the relevant Authorised User;

2.1.4 making multiple logins on the same password.

NB access to the Owners’ Area is monitored for breach of these restrictions and any breach will result in automatic cancellation of all access rights to the Owners’ Area without prejudice to other rights of The Worms of Art under these terms or otherwise.

2.2 The Worms of Art reserves the right (entirely at its discretion) to refuse to display any work You may create or otherwise and seek to place in the Owners’ Area user gallery. You warrant that any work or other material You submit for placement in the Owners' Area is Your own, unencumbered property free of any third party intellectual property rights and in no way offensive, illegal, immoral or otherwise in breach of the laws in any applicable jurisdiction. You agree to indemnify The Worms of Art (on a full indemnity basis) against any costs claims and liabilities arising through breach of the warranty in this clause 2.2.

3 Copyright

3.1 You acknowledge that no title to the intellectual property in any part of the Website is transferred to You. You further acknowledge that title and full ownership rights to the Website will remain the exclusive property of The Worms of Art and its suppliers. You agree that any copies of any part of the Website will contain the same proprietary notices which appear on the Website.

4 Limited Warranties and Exclusions of Liability

4.1 Any information and advice on the Website is by its nature general and should not be relied on by You without obtaining independent advice and verification. The Worms of Art cannot therefore accept responsibility for any losses arising as a result of reliance placed on such information and advice.

4.2 Any limitation on the liability of either party will not limit the relevant party’s liability to the other for death or personal injury.

5 Privacy Policy

5.1 The Worms of Art take your privacy and security very seriously. During the course of your dealings with us you may have provided us with certain items of personal information. We want to reassure you that these details are never passed to any other person, company or organization. Also, your credit card details are never recorded or stored by us. For your information, this site does not employ cookies.

5.2 The Worms of Art will only use any personal data (such as your name or that of any contact for your organisation) for the following purposes:

5.2.1 to enable us to follow up any enquiry You may make of us or any complaint You may raise with us;

5.2.2 as may reasonably be necessary for The Worms of Art to perform its obligations to You under these terms or under the terms of any contract between You and The Worms of Art;

5.2.3 to inform You about other products and services of The Worms of Art, although You may notify us at any time if you wish to stop receiving such information by contacting.

5.3 You warrant that any person whose details You may give as a contact at Your organisation or an Authorised User consents to You doing so as required under the Data Protection Act 1998.

5.4 The Worms of Art Ltd. is registered with the UK Data Protection Registrar (No.PZ7695665)

6 No Liability for Consequential Damages

IN NO EVENT SHALL THE WORMS OF ART BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE WEBSITE, EVEN IF THE WORMS OF ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7 General

7.1 If any party does not fully enforce its rights under these terms at any time, it will not prevent it from doing so later in respect of a particular breach or any future breach.

7.2 Any notice served pursuant to these terms must be in writing, addressed to a part at the last known address for that party and sent by:

(a) first class mail, in which case the notice will (if properly addressed) be deemed received (if posted on a working day) on the third working day after the date of posting or (if not posted on a working day) within five working days; or
(b) by email or fax, in which case the notice will (if properly addressed) be deemed received immediately if received before 5:30 p.m. (GMT) on a working day but if later, then on the next working day provided the notice is also posted by first class mail and properly addressed.

7.3 Neither party will be responsible for any breach of these terms insofar as that breach is a result of something beyond that party’s reasonable control but if that situation arises, the relevant party will do everything it reasonably can to overcome that problem as soon as reasonably possible.

8 E-commerce Regulations 2002

8.1 You acknowledge that The Worms of Art will not retain copies of this Agreement and that this Agreement is only offered for conclusion in the English language. You further acknowledge that it is Your responsibility to check the information You enter online on the Website before submitting it in order to prevent errors. You acknowledge that You have been advised to print off and retain a copy of these terms and the information You complete as part of the purchase process or otherwise.

9 Complaints

9.1 We hope that everything about The Worms of Art and the Website will please You. However, if there is anything You are unhappy about, please bring it to our attention promptly by emailing (giving full details of the nature of the complaint including, where relevant, the full address (URL) of the relevant web page or pages) and we will look into the matter as soon as possible.

10 Applicable Law

These terms are subject to the laws of England and Wales and the parties agree to submit all disputes for settlement to the Courts of England and Wales.