BACKGROUND:

This agreement applies as between you, the user of The Minchins of Bourton (“the Website”) and The Minchins of Bourton, the owner and operator of the Website.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your acceptance of the same. If you do not agree to be bound by these Terms of Use, you should stop using the Website immediately.

1. Definitions and Interpretation

In these Terms of Use the following terms shall have the following meanings:

“Account”	means a collection of data relating to a particular User including certain identifying information and the username and password used by that User to access the Service;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer that appears on or forms part of the Website which is not created by Users;
“Service”	means collectively the online facilities, tools, services or information that are made available through the Website either now or in the future which are more fully described at Clause 2 of these Terms of Use;
“User” / “Users”	means any third party that accesses the Website and uses the Service that is not employed by the Company and acting in the course of their employment when accessing and using the Website and the Service;
“User Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer that appears on or forms part of the Website which is created by Users; and
“Visitor”	means any third party that accesses the Website but does not sign up for an Account or otherwise does not fall under the definition of “User”.

2. The Service

2.1          The Website provides a hosted blog service consisting of a web-based software component for the creation, editing and formatting of User Content and a hosting component for the storing of published User Content.

2.2          Users are required to create an Account in order to access and use the Service.  The creation of Accounts is subject to the provisions of Clause 3 of these Terms and Conditions.

2.3          The Website shall use its best and reasonable endeavours to ensure that the Website and the Service are available at all times, however the Website and the Service are provided on an ‘as is’ and ‘as available’ basis and their availability and reliability are therefore not guaranteed.  The Website gives no warranty that the Website or the Service will be free of defects and faults.  To the maximum extent permitted by law the Website provides no warranties (express or implied) of the Website’s fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2.4          The Website has the right to modify, alter, suspend or terminate the Website or the Service at any time and without notice.

2.5          Users and Visitors may not reproduce, duplicate or resell any part of the Website or the Service.

3. Accounts

3.1          Users are required to create an Account in order to use the Service.  When creating an Account, the selection of a username and password is required.  Usernames are at the discretion of the User, however Users must abide by the provisions of Clause 4 when selecting a username.  To maximise security, passwords should utilise a combination of letters and numbers and should not be obvious nor easy to guess.

3.2          When signing up for an Account Users represent and warrant that:

3.2.1     all information submitted is accurate and truthful; and

3.2.2     all such information will be kept accurate and up-to-date.

4. Use of the Service

4.1          When using the Service and any other part of the Website which allows for the posting of User Content Users must abide by the following rules:

4.1.1     Users may not use obscene or vulgar language;

4.1.2     Users may not submit User Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content which is abusive, threatening, hateful or otherwise discriminatory on the grounds of gender, race, nationality, religion, sexual orientation, disability or age;

4.1.3     Users may not submit User Content that is libellous or otherwise defamatory of any individual or organisation;

4.1.4     Users may not submit User Content that is sexually explicit, pornographic, violent or otherwise obscene;

4.1.5     Users may not submit User Content that is intended to promote or incite violence;

4.1.6     Users may not post links to other websites containing any material which may be described as any of the above;

4.1.7     Users may not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

4.1.8     Users may not impersonate or pass themselves off as other people, particularly employees and representatives of the Company or its affiliates.  This prohibition does not extend to genuine parody or the assumption of fictional characters of the User’s own creation;

4.1.9     Users may not submit User Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

4.1.10   Users may not use the Service for unauthorised mass-communication such as spam or junk mail.

4.2          By submitting User Content, Users warrant and represent that they are the author of such material or that they have acquired all of the appropriate rights and / or permissions to use the material in this fashion.  Further, Users waive all moral rights in the User Content to be named as its author and grant the Company a licence to modify the User Content as necessary for its inclusion on the Website.

4.3          The Service does not screen User Content prior to it appearing on the Website.  The Service retains the right to exercise its sole discretion to remove or relocate any User Content as it deems appropriate without the consent of the author.  The Service shall be under no obligation to exercise such discretion.  If Users wish to enquire as to the removal of Users Content, queries should be submitted to: webmaster@minchinsofbourton.co.uk.  This does not constitute an undertaking by the Service to explain its actions.

4.4          Users acknowledge that the Service may retain copies of any and all communications made to us or using our System.

 

5. Responsibility for Content and Liability

5.1          Notwithstanding the provisions of Clause 4 of these Terms and Conditions, the Service is not responsible for any User Content and has no obligation to monitor or screen it.

5.2          The Service will not be liable in any way or under any circumstances for any loss or damage that Users and other third parties may incur as a result of User Content, nor for any errors or omissions in such material or any other part of the Website.  Use of and reliance on the Website, the Service and User Content is entirely at the risk of the User or Visitor.

 

6. User Content and Intellectual Property

6.1          Subject to the ownership rights of third parties in materials posted by Users, all User Content is and shall remain the property of the User responsible for creating and posting it.

6.2          Nothing in these Terms and Conditions vests any intellectual property rights subsisting in User Content in the Service.  Notwithstanding this provision, the Service is deemed to be granted a non-exclusive, worldwide, royalty free licence to publish and distribute any and all User Content upon its submission to the Service for the sole purpose of its display on the Website.  This licence shall be deemed revoked in the event that User Content is deleted or otherwise removed from the Website by the User who posted it.

6.3          Users shall be responsible for the enforcement of all intellectual property rights in their User Content.  Under no circumstances will the Service be a party to or assist in any intellectual property claims that a User may wish to pursue against another party for the infringement of the intellectual property rights subsisting in their User Content.

 

1. Company Intellectual Property

7.1          Subject to the exceptions in Clauses 7 and 9 of these Terms and Conditions, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or its affiliates.  By continuing to use the Website Users and Visitors acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

7.2          Subject to Clause 9 of these Terms and Conditions Users and Visitors may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only, unless otherwise indicated on the Website or unless given express written permission to do so by the Company.  Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher.  Specifically Users and Visitors agree that:

7.2.1     Use of the Content of the Website for commercial purposes is not permitted; and

7.2.2     Users and Visitors may not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by the Company.

 

1. 9.            Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 8 of these Terms and Conditions to use Content from the Website.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

1. Fair Use of Intellectual Property

Any and all material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

1. Links to other Websites

The Website may contain links to other websites.  Unless expressly stated, these websites are not under the control of the Company or that of our affiliates.  The Company assumes no responsibility for the content of such websites and disclaims liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another website on this Website does not imply any endorsement of the websites themselves or of those in control of them.

 

1. Links to this Website

Those wishing to place a link to the Website on other websites may do so only to the home page of the site (<<insert URL of homepage>>)without prior permission.  Deep linking requires the express permission of the Company.  Those wishing to place Deep links must contact the Company at <<insert email address, telephone number etc.>>.

 

1. Termination and Suspension

If a User breaches any of the provisions of Clause 4 of these Terms and Conditions the Company reserves the right to suspend or terminate that User’s access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

 

1. Privacy

13.1       Use of the Website is also governed by our <<Privacy Policy [add html code to make this into a link]>> which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

13.2       [The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our <<Privacy Policy [add html code to make this into a link]>>.  [By accepting these terms and conditions, you are giving consent to <<insert business name>> to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.]

Name of Cookie	Name of Provider	1st / 3rd Party	Purpose
<<File name>>	<<insert business name>>	<<1st OR 3rd>>	<<Insert purpose>>
<<File name>>	<<insert business name>>	<<1st OR 3rd>>	<<Insert purpose>>
<<File name>>	<<insert business name>>	<<1st OR 3rd>>	<<Insert purpose>>
<<File name>>	<<insert business name>>	<<1st OR 3rd>>	<<Insert purpose>>

]

13.3       [If you wish to opt-out of our placing cookies onto your computer or device, please <<insert description of opt-out methods e.g. “check the alternative acceptance box for these terms and conditions”, “adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu” etc.>>.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.]

1. Disclaimers

14.1       The Company makes no warranty or representation that the Website or the Service will meet Users’ or Visitors’ requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. The Company makes no guarantee of any specific results from the use of the Website or the Service.

14.2       No part of the Website is intended to constitute advice and neither the Content nor the User Content of the Website should not be relied upon when making any decisions or taking any action of any kind.

14.3       The information on the Website is not designed with commercial purposes in mind.  Commercial use of the Website is prohibited by these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and the Company makes no representation or warranty that the Content or User Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

14.4       Whilst every effort has been made to ensure that all descriptions of services available from the Company correspond to the actual services available, the Company is not responsible for any variations from these descriptions.

14.5       Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

1. Limitation of Liability

15.1       To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Service or any information contained therein. Users and Visitors should be aware that they use the Website, the Service and all Content and User Content at their own risk.

15.2       Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.

15.3       The Company accepts no liability for any disruption or non-availability of the Website or the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

1. Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

 

1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between the User and the Company.

 

1. Notices

21.1       All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.

21.2       Notices shall be deemed to have been duly given:

21.2.1   when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

21.2.2   when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

21.2.3   on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

21.2.4   on the tenth business day following mailing, if mailed by airmail, postage prepaid.

21.3       in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.

21.4       The Company may from time to time send Users information about our products and/or services.  If you do not wish to receive such information, please <<insert description, e.g. “click on the ‘Unsubscribe’ link in any email which you receive from us.”>>.

 

1. Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of England and Wales.

Any dispute relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.