Hull University Boat Club

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Terms of Use:

1. AGREEMENT BETWEEN USER AND THE HULL UNIVERSITY BOAT CLUB

1.1 The Hull University Boat Club website is comprised of various web-pages, which are currently operated, monitored and updated by the following Hull University Boat Club Committee Members: Stuart Beards (President 09/11) and Jai Sharda (Secretary 09/10).

1.2 The Hull University Boat Club website is offered to you on the basis of your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Hull University Boat Club website constitutes an agreement to all such terms, conditions and notices.

2. Intellectual property rights

2.1 Unless otherwise stated, the Hull University Boat Club Committee owns the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

3. MODIFICATION OF THESE TERMS OF USE

Hull University Boat Club reserves the right to change the terms, conditions and notices under which the site is offered, including but not limited to the charges associated with use of this site.

4. LINKS TO THIRD PARTY SITES

4.1 The Hull University Boat Club website provides ‘LINKS’ to other websites associated with the sport of rowing. The Hull University Boat Club committee has no direct involvement in the monitoring of these websites. Thus, the Hull University Boat Club committee is not responsible for the content of a third party website, including without limitation any link contained within a third party website, or any charges or updates to a third arty website.

4.2 The Hull University Boat Club is not responsible for webcasting or any other form of transmission received from any third party website. These LINKS are available to users only as a convenience and the inclusion of any link does not imply endorsement by the Hull University Boat Club of the site or any association with its operators.

5. LICENCE TO USE WEBSITE

5.1 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to, without limitation to, the restrictions below:

Republish material from this website (including republication on another website)

Sell, rent or otherwise sub-license material from the website

Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.

6. NO UNLAWFUL OR PROHIBITED USE

6.1 As a condition of your use of the Hull University Boat Club website, you warrant to Hull University Boat Club that you will not use the Hull University Boat Club website for any purpose that is unlawful or prohibited by these terms, conditions and notices.

6.1.a You may not use the Hull University Boat Club website in any manner which could damage, disable, overburden or impair the Hull University Boat Club website or interfere with any other party’s use and enjoyment of the Hull University Boat Club website.

6.1.b You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Hull University Boat Club website.

7. USE OF COMMUNICATION SERVICES

7.1 The Hull University Boat Club website may contain or have links to bulletin board services, chat areas, news information groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities that are designed to enhance and enable users to communicate with the public at large or with a group (collectively referred to as “Communication Services”).

7.1.a You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of an example, and not as a limitation, you agree that when using a Communication Service, you will abide by the terms of use for any third party website linked to from the Hull University Boat Club website and not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Advertise or offer to sell or buy any goods or services for any business purposes, unless such Communication Service specifically allows such messages or authorized by the Hull University Boat Club Committee.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user if a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses and telephone numbers, without their consent.

Violate any applicable laws or regulations.

7.2 The Hull University Boat Club Committee has no obligation to monitor the Communication Services. However, the Hull University Boat Club Committee reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Hull University Boat Club Committee reserves the right to terminate your access, for any given reason, to any or all of the Communication Services at any time, if you are in violation of any of the Hull University Boat Club website rules, upon delivery of sufficient warning notices in writing and signed by the Hull University Boat Club President.

7.3 The Hull University Boat Club Committee reserves the right at all times to disclose information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Hull University Boat Club Committee’s sole discretion.

7.4 The Hull University Boat Club advices that you always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.

7.4.a The Hull University Boat Club Committee does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Hull University Boat Club Committee specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Members outside the Hull University Boat Club Committee are not authorised Hull University Boat Club spokespersons and their views do not necessarily reflect those of the Hull University Boat Club.

7.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

8. MATERIALS PROVIDED TO THE HULL UNIVERSITY BOAT CLUB OR POSTED ON THE HULL UNIVERSITY BOAT CLUB WEBSITE

8.1 The Hull University Boat Club Committee does not claim ownership of the materials you provide to the Hull University Boat Club Committee (including feedback and suggestions) or post, upload, input or submitted to the Hull University Boat Club website or its associated services (collectively referred to as “Submissions”).

8.1.a However, by posting, uploading, inputting, providing or submitting your Submission, you are granting the Hull University Boat Club Committee, its affiliated companies or institutions (such as the University of Hull and Hull Rowing Club) and necessary sulicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

8.2 No compensation will be paid out with respect to the use of your Submission, as provided herein. The Hull University Boat Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time through the Hull University Boat Club Committee’s sole discretion.

8.3 By posting, uploading, inputting, providing or submitting your Submission you warrant and respect that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

9. LIABILITY DISCLAIMER

9.1 THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILALE THROUGH THE HULL UNIVERSITY BOAT CLUB WEBSITE MAY INCLUDE INNACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

9.1.a ONLY THOSE MEMBERS ELECTED ONTO THE HULL UNIVERSITY BOAT CLUB COMMITTEE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HULL UNIVERSITY BOAT CLUB WEBSITE AT ANY TIME.

9.1.b ADVICE RECEIVED VIA THE HULL UNIVERSITY BOAT CLUB WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

9.2.a THE HULL UNIVERSITY BOAT CLUB COMMITTEE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HULL UNIVERSITY BOAT CLUB WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

9.2.b THE HULL UNIVERSITY BOAT CLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HULL UNIVERSITY BOAT CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HULL UNIVERSITY BOAT CLUB WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HULL UNIVERSITY BOAT CLUB WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HULL UNIVERSITY BOAT CLUB WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HULL UNIVERSITY BOAT CLUB WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HULL UNIVERSITY BOAT CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HULL UNIVERSITY BOAT CLUB WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HULL UNIVERSITY BOAT CLUB WEB SITE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS WEBSITE AND THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL.

NOTHING IN THIS DISCLAIMER OR ELSEWHERE IN THE HULL UNIVERSITY WEBSITE EXCLUDES LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SERVICE CONTACT : stuartbeards_ask@hotmail.com

VARIATION

10.1 The Hull University Boat Club Committee may revise this disclaimer from time-to-time. The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website. Please check this page regularly to ensure you are familiar with the most current version.

TERMINATION/ACCESS RESTRICTION

The Hull University Boat Club Committee reserves the right, in its sole discretion, to terminate your access to the Hull University Boat Club website and the related services or any portion thereof at any time under the terms mentioned under section 7.2 of this ‘Terms of Use’ document.

11.2.a GENERAL to the maximum extent permitted by law, this agreement is governed by and construed in accordance with English law and you hereby give consent to the exclusive jurisdiction of the courts of England and Wales, in all disputes arising out of or relating to the use of the Hull University Boat Club Website.

11.2.b Use of the Hull University Boat Club Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hull University Boat Club as a result of this agreement or use of the Hull University Boat Club Website.

The Hull University Boat Club’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Hull University Boat Club’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hull University Boat Club Website or information provided to or gathered by Hull University Boat Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the you, the user, and Hull University Boat Club with respect to the Hull University Boat Club Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hull University Boat Club with respect to the Hull University Boat Club Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

12.1.a The content of the Hull University Boat Club website was independently written by Jai Sharda (Secretary 09/10), in accordance with the UK Copyright, Designs and Patents Act 1988. Information was edited by Stuart Beards (President 09/11).

12.1.b Pictures and videos are obtained and provided to the Hull University Committee by various sources associated with the Hull University Boat Club.

12.1.c Hull University Boat Club race reports are written by a source associated with the Hull University Boat Club and updated onto the Hull University Club website by a Hull University Boat club Committee Member.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to UK Copyright, Designs and Patents Act 1988 and Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

This disclaimer is dated July 12th 2009 courtesy of
Jai Sharda (Hull University Club Secretary 09/10) and UK Website Law

Terms of Use:

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