1.1 Our website https://exeterobserver.org (“our website”) is operated by Exeter Observer Limited (hereinafter “we/our/us”).
2.1 This page, together with the documents referred to on this page (“Terms and Conditions”) govern the terms on which you may make use of our website, whether as a guest or a registered user in accordance with paragraph 13. Please read these Terms and Conditions carefully before you use our website. By accessing any part of our website you will be deemed to have accepted these Terms and Conditions in full and you agree to abide by them regardless of whether or not you choose to register on our website. Your use of our website implies your agreement to these Terms and Conditions.
2.2 We may revise these Terms and Conditions at any time by posting an update on our website. Your continued use of our website after any such change constitutes your acceptance of these new Terms and Conditions and they will be binding on you. You should therefore check our website from time to time to review the current Terms and Conditions. These Terms and Conditions were most recently updated in April 2019. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website.
2.3 We recommend that you print a copy of these Terms and Conditions each time they are updated.
Accessing our website
3.1 We do not guarantee that our website, or any content on it, will always be available or uninterrupted and we will not be liable for any reason if our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
3.2 You are responsible for ensuring that all persons who access our website through your internet connections are aware of these Terms and Conditions, and that they comply with them.
3.3 Certain sections of the website may be restricted to registered users.
3.4 You are responsible for configuring your information technology, computer programs, platform, mobile phone and other devices to access our website.
Intellectual property rights
4.1 We (and our licensors as applicable) are the owner or the licensee of all intellectual property rights in our website, and in the material published on it (“Materials”). Those works are protected by copyright laws and treaties around the world.
4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, in any way except those permitted by the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license detailed at https://creativecommons.org/licenses/by-nc-sa/4.0/.
4.3 You must not scrape, extract, download, upload, sell or offer for sale any part of our website or the Materials and you agree not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any part of our website or the Materials. You must not bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, our website.
4.4 Our status (and that of any identified contributors) as the authors of the Materials on our website must always be acknowledged. The acknowledgement must include a reference and hyperlink to the relevant Exeter Observer webpage.
4.5 You must not use any part of the Materials on our website for commercial purposes in any circumstances.
4.6 If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the Materials at your own cost.
4.7 You will not:
(a) attempt to interfere with the proper working of our website or monitor use of our website without our prior written permission;
(b) take any action that imposes an unreasonable or disproportionately large load on our website infrastructure;
(c) decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within our website (except to the extent permitted by law);
(d) use any network monitoring or discovery software to determine our website architecture or extract information about usage, individual identities or users; or
(e) circumvent, disable or otherwise interfere with security-related features of our website including any features designed to prevent, limit or restrict use or copying of any Materials.
4.8 Other than as set out above or specifically authorised in writing by us, you agree not to distribute, reproduce, modify, store, transfer, recirculate to any third party or in any other way use any of the Materials including as part of any database (electronic or otherwise), library, news, information, archive, website or similar service) for any commercial purposes (including to promote or encourage the sale of your goods or services).
For the avoidance of doubt, you will not:
(a) publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes) on our website;
(b) remove any copyright or trade mark notices from any of the Materials;
(c) publish or disseminate material that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of our website by any person or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction; or
(d) publish or disseminate material that brings or may bring us into dispute or disrepute or in any way damages the standing or reputation of any of the foregoing.
4.9 You will not post to our website any link that takes a user to material that contravenes any of the restrictions set out above.
Reliance on our website
5.1 To the extent permitted at law, we do not accept any responsibility for any statement on our website. Nothing on our website is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to our website or any part of it. You can access other websites via links from our website. These sites are not under our control and we are not responsible in any way for any of their contents.
5.2 We give no warranties of any kind concerning our website. In particular, we do not warrant that the website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
5.3 Although we will do our best to provide constant, uninterrupted access to the website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Changes to our website
6.1 We make reasonable efforts to update the information and content on our website, however, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
Suspension of access and indemnities
7.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw, cancel, amend or suspend the service we provide on our website or your access to all or any part of our website without notice if we believe you have not complied with these Terms and Conditions or for any other reason.
7.2 Without prejudice to paragraph 7.1, you agree to compensate us in respect of any claims, losses, expenses and liabilities (including legal fees) which arise from or in relation to your use of our website or the Materials (or any use of the same by any third party using your username or password) or any breach of paragraph 4.
8.1 The Material displayed on our website 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 all conditions, warranties and other terms which might otherwise be implied by law.
8.2 We will not be liable to you for any loss or damage caused by us or our employees or subcontractors in circumstances where:
(a) there is no breach of a legal duty of care owed to you by us or our employees or subcontractors;
(b) you can show that there has been a breach of a legal duty of care owed to you by us or our employees or subcontractors, but such loss or damage does not flow naturally as a consequence of that breach; or
(c) in respect of any increase to your loss or damage arising from or relating to your actions.
8.3 In the event that you are dissatisfied with, or dispute these Terms and Conditions, us and/or the Materials, to the maximum extent permitted by law, your sole right and exclusive remedy is to cease to use our website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that we have no other obligation, liability or responsibility to you or any other party.
8.4 Without prejudice to paragraphs 8.1, 8.2 and 8.3 but subject to paragraph 8.5, any liability of us arising from or in relation to your use of our website or the Materials (whether in tort (including negligence), contract or otherwise) will be limited to fifty pounds sterling (£50) unless we otherwise agree in writing.
8.5 Nothing in these Terms and Conditions will operate to exclude or limit our liability for death or personal injury caused by the negligence of us or our employees or subcontractors, for any fraud or fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or limited by applicable law.
Information about you and your visits to our website
9.3 To update data provided to us please contact [email protected].
Transactions or other actions concluded through our website
10.1 Additional terms may apply to:
(a) any purchases you make via our website;
(b) registration on our website including becoming a member or for any email alert or other related services;
(c) any promotion, competition or draw appearing on our website;
(d) any content that you send to us in order for us to publish either on our website or elsewhere; and
(e) any training activities that you sign up for.
Viruses, hacking and other offences
11.1 You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service (“DOS”) attack or a distributed denial-of-service (“DDOS”) attack.
11.2 By breaching paragraph 11.1, you would commit a criminal offence under the Computer Misuse Act 1990. We 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 website will cease immediately.
11.3 We use reasonable endeavours to ensure that our website does not contain or promulgate any viruses or other malicious code. However, we do not guarantee that our website will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by a DDOS 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 website or to your downloading of any Material posted on it, or on any website linked to it. We therefore recommend that you use your own virus protection software and check all such materials regularly for the presence of viruses and other malicious code.
Linking to our website
12.1 Links on our website to third party websites are provided solely for your convenience and should not be interpreted as approval by us of those linked websites or information that you may obtain from them. We do not control or take any responsibility for the content or availability of linked third party websites. We do not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.
12.2 You may link to our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and on condition that you do not replicate the linked page of our website. In linking to our website you must not:
(a) create a frame or any other browser or border environment around our website;
(b) imply any endorsement, association or approval by us other than with written consent, or misrepresent your relationship with us;
(c) use any logos or trade marks displayed on our website without our express written permission;
(d) link from a website that is not owned by you; or
(e) link from a website that contains content which would contravene paragraph 4.9 or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.
12.3 We reserve the right to withdraw linking permission without notice.
13.1 To access certain parts of our website, we may require you to register and provide certain information about yourself. When you register, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (“Registration Data”); and
(b) update your information in the event that your Registration Data changes, either through an account provided to you, or by contacting us.
13.2 When you register on our website, you will be allocated a username and password which must be used solely by you. Sharing your username or password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
(a) maintain the security of your username and password and be fully responsible for all use of our website made using the same;
(b) immediately notify us if you suspect or become aware of any unauthorised use of your username or password or any other breach of our website’s security, giving details of the unauthorised use or other breach; and
(c) ensure that you log out of your account at the end of each session.
13.3 Subject to paragraph 8.5 we accept no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.
13.4 We have the right to disable your username and password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
User generated content
14.1 Any pages of our website where you may be permitted to post content are provided for the private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. You must not use any such page of our website in a manner inconsistent with the foregoing.
14.2 By submitting any content to our website, you:
(a) acknowledge that such content will be considered non-confidential and non-proprietary;
(b) grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use such content and all material embodied therein for any purposes related to our business including but not limited to displaying, editing, copying, reproducing, translating, disclosing, posting to and creating derivative works in connection with the service provided by our website and across different media and to promote our website and/or our services;
(c) grant third parties, including but not limited to other users of our website, our partners and sponsors the right to use such content for their purposes or in accordance with the functionality of our website;
(d) waive all of the moral rights that you have under Chapter IV of the Copyright, Designs and Patents Act 1988 in any material posted to our website;
(e) acknowledge that we may require you to confirm your rights in the content and the waivers and warranties above and agree to do so within seven (7) days of our request; and
(f) acknowledge that we have the right to disclose your identity to any third party that is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or to their privacy.
14.3 You are solely responsible for securing and backing up your content.
14.4 We reserve the right at our sole discretion to refuse or remove any content that is posted to or otherwise made available on our website without the need to give reasons.
14.5 We will not review the materials posted to or made available on our website by you or any other user. Unless specifically notified of the nature of any item of content, we have no awareness of materials posted to or made available on our website. If you object to the publication of any material posted to or made available on our website, please contact us.
14.6 We accept no responsibility for any statements, material or other submissions placed on our website by users.
15.1 If we do not insist immediately that you do something you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of you breaking these Terms and Conditions, that will not mean that the you will not have to do those things and it will not prevent us from taking steps against you at a later date.
15.2 These Terms of and Conditions are governed by English law (including non-contractual disputes or claims) and you can bring legal proceedings in respect of these Terms and Conditions and our website in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions and our website in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Conditions and our website in either the Northern Irish or the English courts.
15.3 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph 15.3 shall not affect the validity and enforceability of the rest of these Terms and Conditions.
15.4 Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms and Conditions by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms and Conditions.