Terms of Use

Terms and Conditions for www.thewebcat.biz (Henceforth referred to

here as I, us, we, or the Webcat in relation to this website and other websites designed by me, Charles Paxton).

1. TERMS OF WEBSITES USE

This page (together with the documents referred to on it) tells you the

[www.thewebcat.biz , www.edensbounty.co.uk and all other websites made by me, Charles Paxton as the webcat of www. thewebcat.biz

unless expressly stated otherwise by me (henceforth referred to here as this site or our sites), whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the sites or any

documents available for download from them. These terms and conditions and

policies apply to all users of and visitors to our sites. By using our sites,

you indicate that you accept these terms of use, the acceptable user

policy and the privacy policy, set out here and that you agree to

abide by them. If you do not agree to these terms of use, please

refrain from using our sites and any of the links or documents accessible from our sites.

INFORMATION ABOUT THE WEBCAT

The Webcat is a website design cottage industry with one employee, Charles Paxton, henceforth

referred to as I or me, us or we in case of co-designed projects.

Send e-mail to me at contact@thewebcat.biz or by post to The WebCat, Greywalls, Maulds

Meaburn, Penrith, Cumbria, CA10 3HN.

ACCESSING OUR SITE

Access to our sites is permitted on a temporary basis, and I reserve

the right to withdraw or amend the service I provide on our sites

without notice. I will not be liable if for any reason these sites are

unavailable at any time or for any period.

When using our sites, you must comply with the provisions of our

acceptable use policy (see ACCEPTABLE USE POLICY below).

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensor or licensee of all intellectual property

rights in our sites, and in the material published on them. Those works are

protected by global copyright laws. All such rights are reserved by the respective authors of the websites and their contents.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to

amount to advice on which reliance should be placed. We therefore

disclaim all liability and responsibility arising from any reliance placed on

such materials by any visitor to our sites, or by anyone who may be

informed of any of their contents.

OUR SITES MAY CHANGE

We aim to update our sites regularly, and may change the content at

any time. If the need arises, we may suspend access to our sites, or

Close them indefinitely. Any of the material on our sites may be out of date

at any given time, and we are under no obligation to update such

Material.

OUR LIABILITY

The material displayed on our sites is provided without any guarantees,

conditions or warranties as to its accuracy. To the extent permitted

by law, we, and third parties connected to us hereby expressly

exclude:

1 all conditions, warranties and other terms which might otherwise be

implied by statute, common law or the law of equity.

2 any liability for any direct, indirect or consequential loss or damage

incurred by any user in connection with our sites or in connection with

the use, inability to use, or results of the use of our sites, any websites

linked to them and any materials posted on them.

This does not affect our liability for death or personal injury arising

from our negligence, nor our liability for fraudulent misrepresentation,

nor any other liability which cannot be excluded or limited under

applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy

policy (see PRIVACY POLICY). By using our site, you consent to

such processing.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload

material to our sites, or to make contact with other users of our sites,

you must comply with the content standards set out in our acceptable

use policy (see ACCEPTABLE USE POLICY below).

You warrant that any such contribution does comply with those

standards, and you will indemnify us for any breach of that warranty.

Any material you upload to our sites will be considered non-confidential

and non-proprietary, and we have the right to use, copy, distribute

and disclose to third parties any such material for any purpose. We

also have the right to disclose your identity to any third party who is

claiming that any material posted or uploaded by you to our sites

constitutes a violation of their intellectual property rights, or of their

right to privacy.

We will not be responsible, or liable to any third party, for the content

or accuracy of any materials posted by you or any other user of our

sites.

We have the right to remove any material or posting you make on our

sites if, in our opinion, such material does not comply with the content

standards set out in our acceptable use policy (see ACCEPTABLE USE

POLICY below ).

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our sites by knowingly introducing viruses, trojans,

worms, logic bombs or other material which is malicious or

technologically harmful. You must not attempt to gain unauthorised

access to our sites, the servesr on which our sites are stored or any

server, computer or database connected to our site. You must not

attack our sites via a denial-of-service attack or a distributed denial-of

service attack.

By breaching this provision, you would commit a criminal offence under

the Computer Misuse Act 1990. I will report any such breach to the

relevant law enforcement authorities and we will co-operate with

those authorities by disclosing your identity to them. In the event of

such a breach, your right to use our sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed

denial-of-service attack, viruses or other technologically harmful

material that may infect your computer equipment, computer

programs, data or other proprietary material due to your use of our sites

or to your downloading of any material posted on them, or on any website

linked tothem.

LINKING TO OUR SITES

You may link to our sites, provided you do so in a way that is

fair and legal and does not damage our reputation or take advantage

of it, but you must not establish a link in such a way as to suggest

any form of association, approval or endorsement on our part where

none exists.

You must not establish a link from any website that is not owned by

you.

Our sites must not be framed on any other site, nor may you create a

link to any part of our sites other than the home page. We reserve the

right to withdraw linking permission without notice. The website from

which you are linking must comply in all respects with the content

standards set out in our acceptable use policy (see ACCEPTABLE USE

POLICY below ).

If you wish to make any use of material on our sites other than that set

out above, please address your request to contact@thewebcat.biz.

LINKS FROM OUR SITES

Where our sites contain links to other sites and resources provided by

third parties, these links are provided for your information only. We

have no control over the contents of those sites or resources, and

accept no responsibility for them or for any loss or damage that may

arise from your use of them.

2. ACCEPTABLE USE POLICY

PROHIBITED USES

You may use our sites only for lawful purposes. You may not use our

sites:

1 In any way that breaches any applicable local, national or

international law or regulation.

2 In any way that is unlawful or fraudulent, or has any unlawful or

fraudulent purpose or effect.

3 For the purpose of harming or attempting to harm minors in any way.

4 To send, knowingly receive, upload, download, use or re-use any

material which does not comply with our content standards (see

CONTENT STANDARDS below].

5 To transmit, or procure the sending of, any unsolicited or

unauthorised advertising or promotional material or any other form of

similar solicitation (spam).

6 To knowingly transmit any data, send or upload any material that

contains viruses, Trojan horses, worms, time-bombs, keystroke

loggers, spyware, adware or any other harmful programs or similar

computer code designed to adversely affect the operation of any

computer software or hardware.

You also agree not to access without authority, interfere with, damage

or disrupt:

1 any part of our sites;

2 any equipment or network on which our sites are stored;

3 any software used in the provision of our sites; or

4 any equipment or network or software owned or used by any third

party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our sites,

including, without limitation [the blog and the events page]. We will

do our best to assess any possible risks for users (and in particular, for

children) from third parties when they use any interactive service

provided on our sites, and we will decide in each case whether it is

appropriate to use moderation of the relevant service (including what

kind of moderation to use) in the light of those risks. However, we are

under no obligation to oversee, monitor or moderate any interactive

service we provide on our sites, and we expressly exclude our liability

for any loss or damage arising from the use of any interactive service

by a user in contravention of our content standards, whether the

service is moderated or not.

The use of any of our interactive services by a minor is subject to the

consent of their parent or guardian. We advise parents who permit

their children to use an interactive service that it is important that

they communicate with their children about their safety online, as

moderation is not foolproof. Minors who are using any interactive

service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide

you with a means of contacting the moderator, should a concern or

difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you

contribute to our sites (contributions), and to any interactive services

associated with our sites.

You must comply with the spirit of the following standards as well as

the letter. The standards apply to each part of any contribution as

well as to its whole.

Contributions must:

1 be accurate (where they state facts).

2 be genuinely held (where they state opinions).

3 comply with applicable law in the UK and in any country from which

they are posted.

Contributions must not:

1 contain any material which is defamatory of any person;

2 contain any material which is obscene, offensive, hateful or

inflammatory;

3 promote sexually explicit material;

4 promote violence;

5 promote discrimination based on race, sex, religion, nationality,

disability, sexual orientation or age;

6 infringe any copyright, database right or trade mark of any other

person;

7 be likely to deceive any person;

8 be made in breach of any legal duty owed to a third party, such as a

contractual duty or a duty of confidence;

9 promote any illegal activity;

10 be threatening, abuse or invade another's privacy, or cause

annoyance, inconvenience or needless anxiety;

11 be likely to harass, upset, embarrass, alarm or annoy any other

person;

12 be used to impersonate any person, or to misrepresent your identity

or affiliation with any person;

13 give the impression that they emanate from us, if this is not the

case; and/or

14 advocate, promote or assist any unlawful act such as (but not limited to)

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach

of this acceptable 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.

Failure to comply with this acceptable use policy constitutes a material

breach of the terms of use (see TERMS OF USE above) upon which

you are permitted to use our sites, and may result in our taking all or

any of the following actions:

1 immediate, temporary or permanent withdrawal of your right to use

our sites;

2 immediate, temporary or permanent removal of any posting or

material uploaded by you to our sites; and

3 issue of a warning to you;

4 issue 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; and/or

5 disclosure of such information to law enforcement authorities as we

reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this

acceptable use policy. The responses described in this policy are not

limited, and we may take any other action we reasonably deem

appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this

page. You are expected to check this page from time to time to take

notice of any changes we make, as they are legally binding on you.

Some of the provisions contained in this acceptable use policy may

also be superseded by provisions or notices published elsewhere on our

site.

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