Terms And Conditions

 Terms And Conditions  pedadmin  05-Aug-2006 12:40  0  1346 reads

The Lancashire Heeler Pedigree database is a project of collaboration amongst the Lancashire Heeler Community

Please read the following terms and conditions before using or making submissions to www.lancashireheeler.com and or www.lancashireheelers.org ("this site", "our site(s)", "the site(s)"). Please note that these terms and conditions apply solely to www.lancashireheeler.com and www.lancashireheelers.org and not to any other 3rd party site that may be linked to or mentioned on the pages of the site(s). By using this site you are accepting all Terms and Conditions detailed on this page. If you do not agree to these terms and conditions please do not use this site. We reserve the right to modify or change the terms and conditions here without notice. Use of the site after any such change signifies acceptance of those changes.

Licence to use this website
Acceptable use
Restricted access
User submitted content
Limited warranties
Limitations of liability
Indemnity
Breaches of these terms of use
Variation
Assignment
Severability
Exclusion of third party rights
Entire agreement
Law and jurisdiction
Our details
Privacy Policy
Database Specific Terms & Conditions

Licence to use this website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)    edit or otherwise modify any material on the website except where specifically authorised, in writing, as a content editor by Janice Jones

(f)     redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. 

Restricted access

Access to certain areas of our website is restricted.  We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. 

We may disable your user ID and password in our sole discretion without notice or explanation.

User submitted content

In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose, whether by direct submission through contact forms on the site or via email to Janice Jones or email to any content editor authorised to maintain the site.

You warrant that you own copyright in any data submitted to us, or that it is information which is in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this agreement and grant the rights granted to Janice Jones without resulting in a breach of any obligation you may have.

If you submit data to us then you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media and for any purpose.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Janice Jones may modify the data, extract parts of it, or combine it with other data to create derivative works. In the event that these derivative works are more than 10% different from the original data, you agree that Janice Jones owns copyright to that data

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website without notice and without explanation.

We reserve the right to remove any links to 3rd party sites without notice and without explanation.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)    to the extent that the website and the information and services on the website are all provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)      we will not be liable for any consequential, indirect or special loss or damage;

(c)      we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)      we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you (the visitor / user) and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Our details

This site is a non-profit making information based site provided free of chanrge for the benefit of The Lancashire Heeler Breed.

No goods or services are offered for sale from this website.

The owner of this site is Janice Jones.

Privacy Policy

You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below).
Who may process data?
Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) will be used solely by Janice Jones for the purposes stated upon collection of such data on these pages.   Janice Jones, authorised to process your information as mentioned above, will do so in accordance with this privacy policy.
Purpose of processing
We will use your information for the purpose of fulfilling enquiries placed by you, processing any other transactions authorised or made by you with us, informing you of information to you which we think you may find of interest, and undertaking product or customer research/development.
Disclosure of information
In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy.
Cookies
Cookies are small files stored on your computer when you visit our website.  This will enable us to identify your profile to enable you to log in and store details of your dogs, track your use on our website and to identify your particular areas of interest so as to enhance your visits to this website. We do NOT link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data save for information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website.
Security measures
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.
Copyright
All website design, text, graphics, the selection and arrangement thereof are Copyright © 2009-2011, Lancashire Heeler Community, ALL RIGHTS RESERVED.

Disclaimer of Warranty and Liability
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated.  In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction.
We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.
The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to using any advice / services that they are suitable for your purposes.
Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses.  Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.
All warranties, express or implied, statutory or otherwise are hereby excluded.
Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.
We are not responsible for the direct or indirect consequences of you linking to any other website from this website.
These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England. 

Database Specific Terms & Conditions

Agreement Between You And Janice Jones

Lancashire Heeler Database is a service operated by Janice Jones that makes it easy to share pedigree data.

These Terms of Use constitute a legal agreement between you and Janice Jones. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Lancashire Heeler Database Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Lancashire Heeler Database Services.

Portions of the Lancashire Heeler Database  Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the Lancashire Heeler Database Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the Lancashire Heeler Database Services with respect to the subject matter covered by the Lancashire Heeler Database Privacy Statement.

Modification Of These Terms Of Use

Janice Jones may wish to update or change the terms, conditions, and notices for the Lancashire Heeler Database Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that Janice Jones reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Lancashire Heeler Database Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Lancashire Heeler Database Services shall be subject to the Terms of Use, as modified from time to time.

personal And Non-Commercial Use Limitation

You may only use the Lancashire Heeler Database Services for your own personal and non-commercial purposes.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Lancashire Heeler Database Services except as expressly provided in these Terms of Use.

Privacy And Personal Limitation

You may be required to have a Lancashire Heeler Database account to use some Lancashire Heeler Database Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. 

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Janice Jones immediately of any unauthorised use of your account. Janice Jones is not responsible for any loss that you may incur as a result of any unauthorised person using your account or your password.

Links To Third Party Sites

The Web pages that are part of the Lancashire Heeler Database Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Janice Jones and Janice Jones is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Janice Jones is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Janice Jones of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Lancashire Heeler Database Services or are identified in the Web pages that are part of the Lancashire Heeler Database Services, including the delivery of and payment for goods and services.

No Unlawful Or Prohibited Use

As a condition of your use of the Lancashire Heeler Database Services, you agree that you will not use the Lancashire Heeler Database Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Lancashire Heeler Database Services in any manner that could damage, disable, overburden, or impair the Lancashire Heeler Database Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorised access to any Lancashire Heeler Database account, computer systems or networks associated with the Lancashire Heeler Database Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Lancashire Heeler Database Services.

Terms Of Use For Lancashire Heeler Database Participating Sites And Services

These Terms of Use apply to you whenever you access or use any Lancashire Heeler Database Services. When you use the Lancashire Heeler Database Services to gain access to any Lancashire Heeler Database participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

Data You Submit

You warrant that you own copyright in any data submitted to us, or that it is information which is in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this Agreement and grant the rights granted to Janice Jones without resulting in a breach of any obligation you may have.

You retain copyright to data you have submitted to Janice Jones. If you submit data then you grant to Janice Jones a non-exclusive, worldwide, irrevocable, royalty-free license to use or modify the data for any purpose including publishing on-line.

Janice Jones may modify the data or combine it with other data. In such an event you agree that Janice Jones owns copyright to the resulting data.

Data Available On The Lancashire Heeler Database Services

All data  that is made available to view and/or download from the Web pages that are part of the Lancashire Heeler Database Services ("Data") is owned by and is the copyrighted work of Janice Jones and/or its suppliers. Except for personal use of the data, any reproduction or redistribution of the Data is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED . 

All Data is supplied "as is" without any warranty as to its accuracy or completeness and any use of this Data is entirely at the users own risk.

Liability Disclaimer

Janice Jones AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE Lancashire Heeler Database SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Janice Jones AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Janice Jones AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Lancashire Heeler Database SERVICES, WITH THE DELAY OR INABILITY TO USE THE Lancashire Heeler Database SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE Lancashire Heeler Database SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Lancashire Heeler Database SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Janice Jones OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Lancashire Heeler Database SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Lancashire Heeler Database SERVICES.

Customer Support

Janice Jones provides information about how to use the Lancashiree Heeler Database Services on the Web pages that are part of the Services. If you have any questions about the Lancashire Heeler Database Services or any problems that you would like to report, please contact us.

Termination And Restriction Of Access

Janice Jones reserves the right, at sole discretion, to terminate your access to the Lancashire Heeler Database Services or any portion thereof at any time, without notice.

Janice Jones may also terminate or suspend your access to the Lancashire Heeler Database Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Janice Jones. Upon termination of your Lancashire Heeler Database account, your right to use the Lancashire Heeler Database Services immediately ceases.

General

These Terms of Use are governed by the laws of England in the United Kingdom You hereby irrevocably consent to the exclusive jurisdiction and venue of courts of England in the United Kingdom in all disputes arising out of or relating to the use of the Lancashire Heeler Database Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Janice Jones as a result of these Terms of Use or use of the Lancashire Heeler Database Services.

Janice Jones may assign these Terms of Use, in whole or in part, at any time. Janice Jones's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Janice Jones's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Lancashire Heeler Database Services or information provided to or gathered by Janice Jones with respect to such use. You agree to indemnify and hold Janice Jones, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Lancashire Heeler Database Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Janice Jones with respect to the Lancashire Heeler Database Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Janice Jones with respect to the Lancashire Heeler Database Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

All contents of the Lancashire Heeler Database Web Site are: Copyright © 2006 by Janice Jones and/or suppliers.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people, and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Janice Jones may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Lancashire Heeler Database Services, including the Web pages that are part of the Lancashire Heeler Database Services. Except as expressly provided in these Terms of Use, the provision of the Lancashire Heeler Database Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Notices And Procedure for Making Claims Of Copyright Infringement

Notifications of claimed copyright infringement, by the copyright owner themselves, should be emailed to us

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