[Last updated: 25 May 2018]
Welcome to the Breamish Valley website www.breamishvalley.com (the “Site”).
If you continue to browse and use the Site you are agreeing to comply with and be bound by these terms and conditions.
The term “BREAMISHVALLEY.COM” or “us” or “we” or “our” refers to the owner of the Site. The term “you” or “your” refers to the individual accessing, browsing or otherwise using the Site by any means and via whatever device and/or the individual submitting works and materials to us or the Site for storage or publication on, processing by, or transmission via, the Site.
1.1 These terms and conditions shall govern your use of the Site.
1.2 By using the Site, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Site.
1.3 You must be at least 18 years of age to use the Site; by using the Site or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (https://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2013-2018 Graham Williamson.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the Site and the material on the Site; and
(b) all the copyright and other intellectual property rights in the Site and the material on the Site are reserved.
4. Licence to use the Site
4.1 You may:
(a) view pages from the Site in a web browser;
(b) download pages from the Site for caching in a web browser;
(c) stream audio and video files from the Site; and
(d) download PDF files and other electronic media made available specifically for downloading,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from the Site or save any such material to your computer.
4.3 You may only use the Site for your own personal and non-commercial purposes and you must not use the Site for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Site.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Site (including republication on another website);
(b) sell, rent or sub-license material from the Site;
(c) show any material from the Site in public;
(d) exploit material from the Site for a commercial purpose; or
(e) redistribute material from the Site.
4.6 We reserve the right to restrict access to areas of the Site, or indeed the whole of the Site, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Site.
5. Acceptable use
5.1 You must not:
(a) use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
(b) use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, malware, adware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
(e) access or otherwise interact with the Site using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for the Site; or
(g) use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through the Site, or in relation to the Site, is true, accurate, complete and non-misleading.
6. Your Content: licence
6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Site for storage or publication on, processing by, or transmission via, the Site.
6.2 You grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media on and in relation to the Site and any successor website.
6.3 You grant to us the right to sub-license the rights licensed under Section 6.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.
6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
7. Your Content: rules
7.1 You warrant and represent that your content will comply with these terms and conditions.
7.2 Your content must not:
(a) be illegal or unlawful;
(b) infringe any person’s or other legal entity’s legal rights;
(c) be capable of giving rise to legal action against any person or other legal entity (in each case in any jurisdiction and under any applicable law).
(d) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(e) be libellous or maliciously false;
(f) be obscene or indecent;
(g) infringe any right of confidence, right of privacy or right under data protection legislation;
(h) constitute negligent advice or contain any negligent statement;
(i) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(j) be in contempt of any court, or in breach of any court order;
(k) be in breach of racial or religious hatred or discrimination legislation;
(l) be in breach of official secrets legislation;
(m) be in breach of any contractual obligation owed to any person;
(n) depict violence in a gratuitous manner;
(o) be pornographic;
(p) be untrue, false, inaccurate or misleading;
(q) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(r) constitute spam; or
(s) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
7.3 You agree that we may (at our discretion) disclose your identity to any third party who claims that your content is in breach of any intellectual property right (including, without limitation, copyright), is in breach of confidence, is defamatory, is in breach of the warranty and representation set out in Section 7.1, is in breach of any of the provisions set out in Section 7.2, or otherwise is in breach of or violates any applicable law or regulation or code.
7.4 You agree to pay on demand for all royalties, fees and any other monies owing any third party by reason of any of your content.
7.5 We reserve the right to delete, unpublish or edit any or all of your content at any time and without prior notice or explanation or any liability to you.
8. Third party links
8.1 The Site may contain hypertext links to third party websites. These links are provided for your convenience to provide further information. We are not responsible for, nor do we endorse in any way, such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the Site;
(b) that the material on the Site is up to date; or
(c) that the Site or any service on the Site will remain available.
9.2 We reserve the right to discontinue or alter any or all of the Site services, and to stop publishing the Site, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Site.
9.3 While we use reasonable endeavours to ensure that the Site is free of malicious computer software, we do not warrant or represent that the Site is free of any spyware, malware, adware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You agree that you will take responsibility for your own security, your personal details and your computers.
9.4 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the Site and the use of the Site.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that the Site and the information and services on the Site are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.1 You will indemnify and will keep indemnified BREAMISHVALLEY.COM and its agents and affiliates on demand harmless against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(a) any breach of these terms and conditions by you; or
(b) your access to and/or use of the Site and/or our services; or
(c) your fault, negligence or breach of statutory duty; or
(d) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Site;
(c) permanently prohibit you from accessing the Site;
(d) block computers using your IP address from accessing the Site;
(e) contact any or all of your internet service providers and request that they block your access to the Site;
(f) commence legal action against you, whether for breach of contract or otherwise.
12.2 Where we suspend or prohibit or block your access to the Site or a part of the Site, you must not take any action to circumvent such suspension or prohibition or blocking.
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of the Site from the date of publication of the revised terms and conditions on the Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using the Site.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
18. Law and jurisdiction
18.1 Any contractual or legal relationship between you and us will be conducted in English.
18.2 These terms and conditions shall be governed by and construed in accordance with English law.
18.3 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
19. Our details
19.1 The Site is owned and operated by Graham Williamson.
19.2 You can contact us:
(a) by post, using the postal address 3 Crawley Dene, Powburn, Northumberland NE66 4HA;
(b) using the Site’s contact form at https://www.breamishvalley.com/contact-us/.