Terms and Conditions
These Terms and Conditions apply to the entire contents of this website under the domain name www.magakernow.org.uk ("the Website") and to any correspondence between us and you. Please read these terms carefully before accessing the Website.
The use of this Website indicates that you accept these terms and
acceptance takes effect from the date of first access to the Website. If you do not
accept these terms, do not use this Website.
1. - Introduction
1.1 - The Website and all information and materials available on the Website have
been prepared for access and use by persons in the United Kingdom. We do not
represent or warrant that the information or materials contained on the Website
complies with the regulatory regime of any other country.
1.2 - If you are accessing the Website from outside of the United Kingdom, you do
so at your own risk and you are solely responsible for compliance with local
laws.
1.3 - The Cornish Language Partnership ("the Partnership") reserves the right to
modify, add or change these Terms and Conditions, the Privacy Policy or any other
policies at any time and without notice. Any modifications, additions or changes will
be effective from the time that they are posted on the Website. Your continued use of
the Website will signify your acceptance of the modification, addition or
changes.
2. - Use of the Website
2.1 - You are permitted to view, print and download extracts from this Website for
your own personal, non-commercial use on the following basis:
2.1.1 - documents or related graphics are not modified in anyway;
2.1.2 - no graphics are used separately from accompanying text;
2.1.3 - material must be reproduced accurately and not used in a misleading
context;
2.1.4 - the copyright and all other intellectual property notices of the Cornish
Language Partnership ("the Partnership ") or any third party notices (where
applicable) must appear on all copies.
2.2 - For the avoidance of doubt, this permission is subject to the material being
reproduced accurately and not used in a misleading context and does not extend to any
material on the Website that is identified as being copyright of a third person.
2.3 - You shall not copy, sell, lease, rent, licence, sublicence, grant any rights
in, transfer, distribute, time-share or otherwise any part of this Website to any
third party.
2.4 - Where content or material on the Website is intended for purposes other than
that permitted above, prior written consent must be obtained from the
Partnership.
2.5 - Where the Website contains third party material, you must obtain
authorisation from the relevant third party before reproducing, storing or otherwise
copying any of the material.
2.6 - In the event that you breach any of these terms and conditions, your
permission to use the Website will automatically terminate and any downloaded or
printed materials must be destroyed.
3. - Intellectual Property Rights
3.1 - Unless otherwise stated, the copyright and other intellectual property
rights in all materials on the Website (including without limitation, photographs and
graphical images) are owned by the Partnership or its licensors.
3.2 - In relation to third party intellectual property rights as identified on the
Website, the Partnership has obtained licences from the relevant organisations
(including, but not limited to Ordnance Survey and Copyright Licensing Agency). You
must refer to their licence terms, which are accessible from this link. Should
you require any additional information, please refer to the organisations' own
websites for their licensing terms and conditions.
4. - Access to the Website
4.1 - The Partnership shall use its best endeavours to ensure that the Website is
available 24 hours a day, 7 days a week. However the Partnership will not be liable
if for any reason the Website is unavailable at any time for any period.
4.2 - In the event of system failure, maintenance or repair or for reasons beyond
the control of the Partnership, access to the Website may be temporarily
suspended.
5. - Visitor conduct and material
5.1 - With the exception of personal data, which is covered under the Privacy
Policy, if you transmit or post any information to this Website it will be considered
to be non-confidential and non-proprietary. The Partnership will have no obligations
with respect to this information and will be free to copy, disclose, incorporate and
otherwise use such material and all data, images, sounds, text and other things
embodied therein for any and all commercial and non-commercial purposes.
5.2 - The following must not be posted or transmitted to the Website:
5.2.1 - material which 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;
5.2.2 - any material for which you have not obtained all necessary licences and/or
approvals;
5.2.3 - any material 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 the UK or any other
country in the world; or
5.2.4 - 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).
5.3 - You must not misuse the Website and this includes without limitation, by
hacking or other means of gaining illegal or unauthorised access to other
computers.
5.4 - The Partnership will co-operate fully with any law enforcement authority or
court order requesting or directing the Partnership to disclose the identity of
anyone posting any material in breach of paragraphs 4.2 and 4.3.
5.5 - In the event that your use of material contained on the Website results in
the need for servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
6. - Third Party Access to the Website
6.1 - In the event that a third party has accessed the Website without
authorisation and altered any of the content of the Website, the Partnership shall
not be liable for any damage or loss resulting from the unauthorised access,
alteration or modification to the Website.
7. - Links to and from other Websites
7.1 - The Website contains links to other websites and these are provided solely
for your convenience. The Partnership has not reviewed all of these websites and does
not control and cannot take responsibility for the content and availability of these
third party websites. The Partnership therefore, does not endorse or make any
representation regarding the material on these third party websites. If you access
any of the third party websites, you will be leaving this Website and you access the
third party website entirely at your own risk.
7.2 - You may create a link to this Website on the basis that you link to, but do
not replicate, the home page of the Website. Your right to link to the Website is
subject to the following conditions:
7.2.1 - you do not remove, distort or otherwise alter the size or appearance of
the Partnership's and other relevant logos;
7.2.2 - you do not create a frame or any other browser or border environment
around this Website;
7.2.3 - you do not in any way imply that the Partnership is endorsing any products
or services other than its own;
7.2.4 - you do not misrepresent your relationship with the Partnership nor present
any other false information about the Partnership;
7.2.5 - you do not link from a website that is not owned by you; and
7.2.6 - your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of any
other person or otherwise does not comply with all applicable laws and
regulations.
7.3 - If you breach any of the terms in paragraph 7.2 above, the Partnership
expressly reserves the right to take any action it deems necessary.
7.4 - You shall fully indemnify the Partnership for any loss or damage, suffered
or incurred by the Partnership as a result of your breach of paragraph 7.2.
8. - Maps
8.1 - The Partnership is licensed by Ordnance Survey to use their maps on the
Website. The Ordnance Survey maps are protected by Crown Copyright and must not be
used for unauthorised purposes.
8.2 - If you wish to use an Ordnance Survey map, further details of their
licensing scheme is available at www.ordsvy.gov.uk.
8.3 - The Website also contains maps created by the Partnership, permission to use
these maps is negotiable and application should first be made to cornishlanguage@cornwall.gov.uk
9. - Disclaimer
9.1 - The Partnership will endeavour to ensure that the information on the Website
is correct. The Partnership does not warrant the accuracy and completeness of the
material on the Website. The Partnership may make changes to the material on the
Website, or to products, services or prices described in it, at any time without
notice. The material on the Website may be out of date and the Partnership makes no
commitment to update such material.
9.2 - The material on this Website is provided "as is" without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent permitted
by law, the Partnership provides you with this Website on the basis that the
Partnership excludes all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security
and accuracy.)
10. - Liability
10.1 - The Partnership or, any other party (whether or not involved in creating,
producing, maintaining or delivering the Website), 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, contract or otherwise) in connection with
this Website in any way or in connection with the use, inability to use or the
results of use of this Website, any websites linked to this Website or the materials
on such websites.
10.2 - The Partnership shall not exclude or limit liability for:
10.2.1 - death or personal injury caused by negligence (as defined by the Unfair
Contract Terms Act 1977);
10.2.2 - fraud;
10.2.3 - misrepresentation as to a fundamental matter; or
10.2.4 - any liability which cannot be excluded or limited under applicable
law.
11. - Privacy Policy
11.1 - All personal data submitted to the Website by visitors will be processed in
accordance with the principles of the Data Protection Act 1998 and in line with our
Privacy Policy. Links to other websites are not covered by our Privacy Policy and it
is your responsibility to check the privacy statements when visiting third party
websites.
11.2 - The proprietor of the Website is the Cornish Language Partnership, Dalvenie
House, County Hall, Truro, Cornwall, TR1 3AY. The Partnership is hosted by Cornwall
County Council which is registered as a data controller with the Office of the
Information Commissioner under registration number Z5464625.
12. - Feedback
12.1 - The Partnership welcomes any feedback and suggestions on what you would
like us to publish on the site. Please e-mail suggestions to cornishlanguage@cornwall.gov.uk.
12.2 - In the event that you are experiencing any problems with a page on the
Website, please contact us at cornishlanguage@cornwall.gov.uk.
12.3 - For more information on the Partnership, contact telephone numbers and
email addresses can be found from the About Us area.
13. - General
13.1 - These Terms and Conditions can only be varied in writing by the
Partnership.
13.2 - You may not assign or transfer any of its rights or obligations under these
Terms and Conditions. The Partnership reserves the right to assign, sub-licence or
transfer any obligations under these Terms and Conditions to a third party.
13.3 - If any provision (or part of a provision) of this agreement is found by any
court or administrative body of competent jurisdiction to be invalid, unenforceable
or illegal, the other provisions will remain in force and if any invalid,
unenforceable or illegal provision would be valid, enforceable or legal if some part
of it were deleted, the provision will apply with whatever modification is necessary
to give effect to the intention of the Partnership.
13.4 - The headings in these terms and conditions are inserted only for
convenience and shall not affect its construction.
13.5 - Reference to any statute or statutory provision includes a reference to the
statute or statutory provision as from time to time amended, extended or
re-enacted.
13.6 - These Terms and Conditions are governed by and construed in accordance with
English Law. Any dispute arising in connection with these Terms and Conditions shall
be subject to the exclusive jurisdiction of the English Courts.
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