IMPORTANT LEGAL NOTICE
1.1 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Intellectual Property
2.1 This Website is owned and operated by us.
2.2 This Website and all the materials (the “Materials”) contained in it are protected by intellectual property rights including copyright, trademarks, service marks trade dress and trade names which are either licensed to us or belong to us. Materials include (but are not limited to) all programs, interface layout, interface text, images, documentation, graphics, animations, audio clips and any other material which is copyrightable.
2.3 For the purposes of this legal notice, any use of extracts from the Website other than in accordance with the Terms for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 You are only permitted to print and download posters and send E-Cards from the Website for your own personal non-commercial and non-profit use only on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Licensor’s or the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.5 Subject to Term 2.4 you are not permitted to print or download any Materials whatsoever.
2.6 Subject to Term 2.4 no Materials or part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.
2.7 A breach of any of the terms contained in Terms 2.1 to 2.6 constitutes a breach of the Company’s (or its Licensor’s) copyright and other proprietary rights.
2.8 Any rights not expressly granted in these terms are reserved.
3 ACCESS TO THE WEBSITE
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4.1 When using the website (including, without limitation, the use of the E-Card facility) you are prohibited from transmitting or dealing with any material available on the Website in any way:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 You may not misuse the Website (including, without limitation, by hacking).
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone transmitting any material or otherwise using the Website in breach of Terms 4.1 and 4.2.
5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites their content, availability, or any personal information (including, without limitation, any personal information that would be subject to the terms of the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) 2003) whatsoever that you input onto third party websites. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website at any time without notice.
6.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind whatsoever (whether express or implied). Accordingly, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms to the fullest extent permitted by law.
6.3 The Company or any other party (whether or not involved in creating, producing, maintaining or delivering the Website) shall not be responsible for and does not warrant that the Website is operated or will be operated free from:
(a) any viruses;
(b) any contamination;
(c) failures in performance;
(d) delays or interruptions;
(d) any other inaccuracies errors or defects.
THIS WEBSITE IS USED AT YOUR OWN RISK.
7. Confidentiality and the Transmission of Information
7.1 Please be aware that when using the Website to transmit any personal information or other information and data over the Internet that the Internet or other publicly accessible networks are not secure, and are subject to possible loss, interception or alteration.
7.2 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of the Website to transmit any personal information or other information and data over the Internet or other publicly accessible networks.
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Responsibility and Indemnification by You
10.1 You are fully and solely responsible for your use of the Website, including (but not limited to) your use of the E-Card facility.
10.2 You agree to indemnify us against any amount or kind of loss or damage that may result to us or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website and in connection with any breaches of the Terms made by you.
11. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Drayton Manor Park Limited near Tamworth, Staffordshire, B78 3TW. Tel: 08708 725252.
Issue Date: 30/04/08