Terms and Conditions
Terms of Use of Website
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of
the Website under the domain name www.onthewater.co.uk and to any
correspondence by e-mail between us and you. On The Water is a
trading name of British Marine federation. Please read these terms
carefully before using the Website. Using the Website indicates
that you accept these terms regardless of whether or not you choose
to register with us. If you do not accept these terms, do not use
the Website. This notice is issued by the British Marine Federation
(Company).
Introduction
You may access most areas of the
Website without registering your details with us. Certain areas of
the Website are only open to you if you register. By accessing any
part of the Website, you shall be deemed to have accepted this
legal notice in full. If you do not accept this legal notice in
full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating
this posting. You should check the Website from time to time to
review the then current legal notice, because it is binding on you.
Certain provisions of this legal notice may be superseded by
expressly designated legal notices or terms located on particular
pages at the Website.
Licence
1.1 You are permitted to print and
download extracts from the Website [for your own use] on the
following basis:
• no documents or related graphics on the Website are modified
in any way
• no graphics on the Website are used separately from the
corresponding text; and
• the Company's copyright and trade mark notices and this
permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual
property rights in all material on the Website (including without
limitation photographs and graphical images) are owned by the
Company or its licensors. For the purposes of this legal notice,
any use of extracts from the Website other than in accordance with
clause 2.1 for any purpose is prohibited. If you breach any of the
terms in this legal notice, your permission to use the Website
automatically terminates and you must immediately destroy any
downloaded or printed extracts from the Website.
Subject to clause 2.1, no part of the Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without the Company's prior
written permission
1.2 Any rights not expressly granted in these terms are
reserved. 2.
Service Access
2.1 While the Company endeavours to ensure that the Website is
normally available 24 hours a day, the Company shall not be liable
if for any reason the Website is unavailable at any time or for any
period.
2.2 Access to the Website may be suspended temporarily and
without notice in the case of system failure, maintenance or repair
or for reasons beyond the Company's control.
Visitor Material and Conduct
3.1 Other than personally identifiable information, which is
covered under our Privacy Policy, any material you transmit or post
to the Website shall be considered non-confidential and
non-proprietary. The Company shall have no obligations with respect
to such material. The Company and its designees shall be free to
copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial
purposes.
3.2 You are prohibited from posting or transmitting to or from
the Website any material:
• (a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which
may cause annoyance or inconvenience; or
• (b) for which you have not obtained all necessary licences and/or
approvals; or
• (c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any
third party, in any country in the world; or
• (d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
3.3 You may not misuse the Website (including, without
limitation, by hacking).
3.4 The Company shall fully co-operate with any law enforcement
authorities or court order requesting or directing the Company to
disclose the identity or locate anyone posting any material in
breach of clause 4.2 or clause 4.3.
Links to and From Other Websites
4.1 Links to third party websites on the Website are provided
solely for your convenience. If you use these links, you leave the
Website. The Company has not reviewed all of these third party
websites and does not control and is not responsible for these
websites or their content or availability. The Company therefore
does not endorse or make any representations about them, or any
material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites
linked to the Website, you do so entirely at your own risk.
4.2 If you would like to link to the Website, you may only do so
on the basis that you link to, but do not replicate, the home page
of the Website, and subject to the following conditions:
• (a) you do not remove, distort or otherwise alter the size or
appearance of the British Marine Federation logo;
• (b) you do not create a frame or any other browser or border
environment around the Website;
• (c) you do not in any way imply that the Company is endorsing any
products or services other than its own;
• (d) you do not misrepresent your relationship with the Company
nor present any other false information about the Company;
• (e) you do not otherwise use any British Marine Federation trade
marks displayed on the Website without express written permission
from the Company;
• (f) you do not link from a website that is not owned by you;
and
• (g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not
comply with all applicable laws and regulations.
4.3 The Company expressly reserves the right to revoke the right
granted in clause 5.2 for breach of these terms and to take any
action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage
suffered by the Company or any of its group companies for breach of
clause 5.2.
Registration
5.1 Each registration is for a single user only. The Company
does not permit you to share your user name and password with any
other person nor with multiple users on a network.
5.2 Responsibility for the security of any passwords issued
rests with you.
Disclaimer
6.1 While the Company endeavours
to ensure that the information on the Website is correct, the
Company does not warrant the accuracy and completeness of the
material on the Website. The Company may make changes to the
material on the Website, or to the products and prices described in
it, at any time without notice. The material on the Website may be
out of date, and the Company makes no commitment to update such
material.
6.2 The material on the Website is provided "as is", without any
conditions, warranties or other terms of any kind. Accordingly, to
the maximum extent permitted by law, the Company provides you with
the Website on the basis that the Company excludes all
representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and
skill which, but for this legal notice, might have effect in
relation to the Website.
Liability
7.1 The Company, any other party (whether or not involved in
creating, producing, maintaining or delivering the Website), and
any of the Company's group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or
damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in
connection with the Website in any way or in connection with the
use, inability to use or the results of use of the Website, any
websites linked to the Website or the material on such websites,
including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing the Website or your
downloading of any material from the Website or any websites linked
to the Website.
7.2 Nothing in this legal notice shall exclude or limit the
Company's liability for:
• (a) death or personal injury caused by negligence [(as such term
is defined by the Unfair Contract Terms Act 1977; or
• (b) fraud; or
• (c) misrepresentation as to a fundamental matter; or
• (d) any liability which cannot be excluded or limited under
applicable law.
7.3 If your use of material on the Website results in the need
for servicing, repair or correction of equipment, software or data,
you assume all costs there of.
Governing Law and Jurisdiction
This legal notice shall be governed by and construed in
accordance with English law. Disputes arising in connection with
this legal notice shall be subject to the exclusive jurisdiction of
the English courts.
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