These Terms and Conditions shall apply to your use
of the website located at http://www.endeavour-chandlery.co.uk and its related domains ("the
Website").
By using the Website You agree to be bound by the
terms and conditions set out below. If you do not wish to be bound by these
terms and conditions, You may not use the Website.
As part of Our commitment to ensuring the Website
is one You want to visit time and time again We welcome your
comments on any of the policies or rules set out below. To
contact Us please use the Contact Us section of the Website.
1. Definitions
"You/Your" means You, the user, "We/Us" means
Endeavour Chandlery and its members. "the Website" shall have the
meaning as set out above. "User Information" means the personal
details which may be provided by You to Us via the Website. "Users" means
the users of the Website collectively
and/or individually as the context admits."Website" means
a site on the World Wide Web. 2. Acceptable Use
We insist that any use by You of the Website shall
be in accordance with the following conditions:
2.1 You must not post or transmit through the Adrenaline Sailing
Site any defamatory, threatening, obscene, harmful or pornographic
material or material which would violate or infringe in any
way upon the rights of others (including intellectual property,
rights of confidentiality, or rights of privacy) or cause
distress or inconvenience or which do not comply with all
relevant laws.
You must not post messages that are vulgar, crude, sexist,
racist, homophobic or otherwise offensive. Always treat other
Users with respect.
2.2 You shall not post or otherwise make available on
the Website any material which You do not own without
the express permission of the owner of the material.
2.3 You may not copy, download, reproduce, republish,
broadcast, transmit in any manner whatsoever, any material
on the Website except as is strictly necessary for Your
own personal non-commercial home use.
2.4 You may not register multiple accounts on the Adrenaline Sailing
Forums, part of the Website. Any Users found to have
registered more than one account on the Adrenaline Sailing Forums are
liable to have their right to post removed.
3. Third Party Websites
3.1 You acknowledge
and agree that We are not responsible for the availability
of any third party Websites or material You access through
the Website, and do not endorse and are not responsible
or liable for any content, advertising, products or services
on or available from such Websites or material, nor for any
damage, loss or offence caused, or alleged to be caused,
by or in connection with the use of or reliance on any content,
advertising, products or services available on or available
from such Websites or material.
3.2 Any dealings
between You and and advertisers or merchants found on or
via the Website, including payment for and delivery of products, services
and any other terms, conditions, warranties or representations, associated
with such dealings, are solely between You and the relevant advertisers
or merchant. You agree not to hold Us liable for any loss or damage of
any kind incurred as the result of any such dealing.
3.3 Links to third
party sites may only be included in forum posts where a clear
relevance to the thread in question exists. Any Users posting
URLs of sites excessively or in a way which could be construed
as advertising are liable to have their post removed.
4. Intellectual Property
4.1 All copyright,
trade marks and all other intellectual property rights in
all material or content supplied as part of the Website
shall remain at all times vested in Us or Our licensors.
You are permitted to use this material or content only as
expressly authorised in writing by Us or Our licensors and
may not and agree not to assist or facilitate any third party
to copy, reproduce, transmit, distribute, commercially exploit
or create derivative works of such materials or content.
4.2 If you become aware of any such distribution or commercial
exploitation, You agree to notify Us immediately.
4.3 You acknowledge
that by posting materials on the Website You grant to
Us and Our licensors and assigns an irrevocable, perpetual
royalty free worldwide licence to use the materials within the Website
and in any manner. The licence extends to copying, distributing, broadcasting,
and otherwise transmitting, and adapting and editing the
materials.
5. Adrenaline Sailings Rights
5.1 Material which is posted on any bulletin boards or
chat forums is written by Users and We are not responsible
for and give no endorsement of such material. We monitor
the contributions and may respond to or comment upon communications
by You and edit, refuse to post or remove any content from
the bulletin boards and chat forums in its absolute discretion.
No failure to remove particular material constitutes an endorsement
or acceptance of it by Us.
5.2 To the extent
permitted by law, We make no warranties, express or implied,
as to the accuracy, timing or reliability of any information
or statements contained therein, or statements, advice and
opinions given by Users on the bulletin boards and chat forums
which are those of such Users only. We neither endorse nor
shall we be held responsible for the reliability or accuracy
of the same and We are not responsible in any way for any
injury, loss or damage which occurs as a result of an opinion
expressed or information provided on the Website. If
you have any claim arising from the actions or statements
of another User, you agree to pursue such a claim only against
that User and not from Us.
5.3 We will endeavour
to provide the Website using all reasonable care. To
the extent permitted by law, We exclude all implied warranties as to quality,
accuracy or fitness and We do not warrant that the material contained in
the Website, any of the functions contained in the Adrenaline Sailing
Site and the serve will operate without interruption or delay
or will be error free, free of viruses or bugs or is compatible
with any other software or material.
5.4 We reserve
the right, at any time, to modify, alter, or update these
terms and conditions or use, and You agree
to be bound by any such modifications, alterations or updates
which are posted on the Website.
5.5 We shall not
be liable in contract, tort, negligence or otherwise for any loss or damage
whatsoever in any way connected with Your use of the Website, whether
direct or indirect, including, damage to software or hardware, damage
for loss of business, loss of profit, or any other consequential
loss. Nothing in these terms or conditions shall exclude
or limit Our liability for death or personal injury resulting
from the negligence of Us, our servants, agents or employees.
6. Privacy
6.1 We shall comply with applicable UK Data Protection
legislation from time to time in place in respect of any
personal information relating to You gathered by Us.
6.2 You may be asked to input various basic information
about yourself on different pages of the Website. At
each location where information is requested there is a statement
about the purpose for which that information will be used. We
will not use the information given for any other purpose
than that stated at each location or as set out in Our Privacy
Policy which sets out further information about our use of
User Information.
6.3 Please use
the Contact Us section of the Website to notify Us of
any changes to the information You have previously given
or if You wish to withdraw Your consent to Our using the User Information
for the stated purposes or for any form of promotional contact.
7. Safety
We give Our ongoing commitment to ensuring through Our
policy of safety that You can use the Website with confidence.
When using the Website, in particular any bulletin boards
or chat forums, You should always take the following precautions:
7.1 Keep your identity private. Do not give out your
full name, postal address, telephone number, e-mail address,
the name of your school or any other information (other than
that specifically requested by Us), that could help someone
discover Your actual identity;
7.2 Never get together with someone you meet online.
7.3 Do not reply to any messages that are hostile, rude
or inappropriate. or in any way make you feel uncomfortable.
Instead, let Us know about them by using the Contact Us section
of the Website.
8. Indemnity
You agree to indemnify Us, and/or any of Our affiliates
and Our and their officers, directors and employees, immediately
on demand, against all claims, liability, damages, costs
and expenses, including legal fees, arising out of any breach
of these terms and conditions by You or any other liabilities
arising out of Your use of the Website.
9. Termination
We shall have the right immediately to terminate Your
use of the Website if We determine in Our sole discretion
that You have breached these terms and conditions or otherwise
been engaged in conduct which We determine in Our sole discretion
to be unacceptable.
10. Feedback
Should you wish to make any comments to Us about the SF
Ball Site or if you have any questions relating to the same
please use the Contact Us section of the Website.
11. General
11.1 Invalidity
If any of these terms and conditions are determined to be
invalid or otherwise unenforceable by reason of the application
of any law, such provisions shall be severed and deleted
from these terms and conditions and the remainder of
these terms and conditions shall continue to have full
force and effect.
11.2 Governing Law
These terms and conditions are governed by English Law and
both You and Us hereby submit to the non-exclusive jurisdiction
of the English courts.
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