Please read these Terms of Use and our Privacy Policy carefully, they contain important information about your rights and obligations.
If you are aged 15 or under, you will need to send us written permission from your parent or legal guardian to register with and use the Voices for Horses website. Users without this consent are not permitted to provide Voices for Horses with personal information. Please send your permission letter to:
Administration Office, Voices for Horses, Lower Farm, Dolfallt Isaf, Rhandirmwyn, Llandovery, Carmarthen, SA20 0NH.
Contents:
1. General
2. Disclaimer and Limitatioin of Liability
3. Copyright and other Intellectual Property
4. Contributing to the Website
5. Registration
6. Discussion Forum Boards
7. Business Directory and Market Place
8. Accessibility
9. Agreement
10.Governing Law and Jurisdiction
11. Further Information
1. GENERAL
1.1 These terms and conditions of use ("Terms of Use") refer to the official website of Voices for Horses ("VFH", "our", "we" or "us") which is accessible via the address http://www.voicesforhorses.co.uk and its variations ("Website"). By using the Website you ("User" or "you") agree to these Terms of Use and in particular, we draw your attention to clause 2 (Disclaimer and Limitation of Liability), clause 3 (Copyright and Intellectual Property Rights) and clause 4 (Contributing to our Website). You may print and keep a copy of these Terms of Use.
1.2 Together these Terms of Use, Privacy Policy, and any web page specific terms and conditions that may be shown on the Website from time to time form the entire agreement between you and us ("Agreement"). If you do not agree to be legally bound by this Agreement please leave the Website immediately. Your continued access and use of the Website will amount to acceptance.
1.3 VFH reserves a right to change the Agreement at any time and will post a Highlight to Terms & Conditions if changes are made. You should review these Terms of Use on a regular basis to ensure that you are aware of any changes made as you will be legally bound by any amended terms if you continue to use the Website after the changes.
2. DISCLAIMER AND LIMITATION OF LIABILITY
2.1 VFH does its best to ensure all information on the Website is accurate. If you find any inaccurate information on the Website please let VFH know by sending an e-mail to Admin@Voicesforhorses.co.uk and we will correct it, where we agree, as soon as practicable.
2.2 VFH gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out of date and are subject to change without notice. Whilst VFH makes every effort to ensure that the content of the Website is accurate, VFH cannot accept liability for the accuracy of all content at any given point in time.
2.3 VFH makes every effort to ensure that its computer infrastructure is error and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
2.4 Neither VFH nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.
2.5 The exclusion of liability in clause 2.4 includes, without limitation, indirect or consequential loss or damage; loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of anticipated savings; loss of goodwill; loss of reputation; loss or damage to or corruption of data; loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
2.6 The Website refers and provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website and VFH takes no responsibility for, and give no warranties, guarantees or representations in respect of linked sites. Any concerns regarding any external link should be directed to its website administrator or web master.
2.7 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
2.8 The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.
2.9 If you make an arrangement with anyone named or connection with the Website this is at your sole risk.
2.10 Nothing in this Agreement excludes or limits VFHs liability for:
2.10.1 death or personal injury caused by VFHs negligence; or
2.10.2 fraud or fraudulent misrepresentation; or
2.10.3 the tort of deceit; or
2.10.4 any other liability which may not be limited or excluded by law.
3. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
3.1 The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound ("Content"). The Content is protected by copyright law, database rights and other intellectual property rights.
3.2 VFH, its licensors, or authorised contributors own the copyright, database right and other intellectual property rights in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of Use.
3.3 You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
4. CONTRIBUTING TO THE WEBSITE
4.1 Where you are invited to submit any contribution to the Website (including any text, message board content, photographs, graphics, video or audio) you hereby agree, by submitting your contribution ("Contribution"), to grant VFH a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to VFH the rights set out above, please do not submit your Contribution to the Website.
4.2 By submitting your Contribution to the Website, you
4.2.1 warrant and represent that your Contribution;
(a) is your own original work and that you have the right to make it available to VFH for all the purposes specified above and that it does not breach or infringe anyone elses rights such as copyright or in is in any way illegal;
(b) if is not your original work, you clearly indicate the source/origin and the author and warrant that you have all permissions and/or licence to reproduce such work;
(c) is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
(d) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
(e) is not related to the conduct of a business;
(f) does not advertise or market anything in any way; and
(g) is not otherwise offensive;
4.2.2 agree not to use the Website for advertising, commercial activities or fund raising;
4.2.3 agree VFH has your full permission to publish your name when you submit a contribution unless you request us to do otherwise;
4.2.4 agree at all times to follow our Discussion Forum Board use policy and rules [which will be shown at the top of the forum board] [Hyperlink to forum board rules and protocol]
4.2.5 agree to indemnify and keep VFH indemnified on demand against all legal fees, damages and other expenses that may be incurred by VFH as a result of your breach of the above warranty; and
4.2.6 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
4.3 We reserve the right to identify you in response to a court order or threat of legal action.
4.4 If you see any information on the Website which breaches your or anyone elses rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
4.5 We reserve the right to edit, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message which contravenes any of these Terms of Use, but we do not have an obligation to do so.
4.6 You must indemnify (pay) us on demand for any losses we suffer if you breach this provision or any other provision of these Terms of Use or the message board rules of posting.
4.7 We expect many of those contributing to our message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You should not make libellous postings or any postings which are illegal or breach copyright, database or other related rights. It is your responsibility to check this out and we do not accept any liability in this respect.
5. REGISTRATION
5.1 To use the Voices for Horses web site you must register and provide certain information, including a user name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. VFH will keep and use your Registration Data in accordance with its privacy policy which forms part of this Agreement and which you can review at [insert hyperlink].
5.2 A subscription fee is not payable on registration.
5.3 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be selected by you for use on our Website. You may not share these with or transfer them to any third parties.
5.4 You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention. VFH shall not be responsible for any losses arising out of the unauthorised use of your username, password and/or account and you agree to indemnify and hold harmless VFH, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same.
6. DISCUSSION FORUM BOARDS USE
6.1 When using the Discussion Forum Boards you agree to our use policy and to:
6.1.1 be constructive;
6.1.2 be civil;
6.1.3 respect other members;
6.1.4 not be disruptive, offensive or abusive; and
6.1.5 not use the forum for advertising, commercial activities, fund raising promotion of your services or services of a third party.
6.2 We will determine, in our discretion, whether there has been a breach of our use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
6.3 Failure to comply with our use policy constitutes a material breach of this Agreement, and may result in our taking all or any of the following actions:
6.3.1 Immediate, temporary or permanent termination of your membership with no membership fee refund;
6.3.2 immediate, temporary or permanent withdrawal of your right to use our site;
6.3.3 immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
6.3.4 issue of a warning to you;
6.3.5 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.3.6 further legal action against you;
6.3.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7. BUSINESS DIRECTORY AND MARKET PLACE
7.1 You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the classified adverts on the Business Directory or the Market Place, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Website. You understand that we do not control, and are not responsible for Content made available through the Website, and that by using the Business Directory and the Market Place, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Business Directory or the Market Place. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of the VFH or for any other reason.
7.2 Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VFH, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
7.3 We may charge a fee to post Content in some areas of the Website. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Website is responsible for said Content and compliance with these Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Website for violating
8. ACCESSIBILITY
8.1 VFH seeks to ensure that people are treated equally regardless of age, disability, race, nationality, ethnic or national origin, gender, religion, sexual orientation or personal circumstances. VFH does its best to ensure that the Website is accessible to all its users and potential users, including but not limited to users with disabilities (e.g. visual impairments, cognitive impairments, motor impairments etc); users for whom English is a second language; users of various software or any other users who may need to use the Website.
8.2 If you need any advice on making your web content and services accessible, please contact: Admin@voicesforhorses.co.uk
9. AGREEMENT
9.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
9.2 If any provision or term of these Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
9.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
9.4 Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email confirmed by post.
9.5 Failure by us to enforce a right does not result in waiver of such right.
9.6 You may not assign or transfer your rights under this Agreement.
9.7 We reserve the right to bar Users from the Website and/or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.
10. GOVERNING LAW AND JURISDICTION
10.1 The Agreement is governed by laws of England and Wales notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of England and Wales. The place of performance shall be England.
10.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of England.
11. FURTHER INFORMATION
11.1 Further information on these Terms of Use or any queries on them please contact:
11.2 Telephone (+44) (0)8452 24 24 52
11.3 Or email admin@voicesforhorses.co.uk