Terms and Conditions
1 About us
This Site is operated by the Avalon Marshes Partnership.
2 Contacting us
If you need to contact us, our contact details are as follows:
Avalon Marshes Centre Shapwick Road,
Somerset BA6 9TT
For general comments on the Site, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us via site’s the contact page.
3 Using the Site
3.1 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason the Site is unavailable at any time or for any period.
3.2 The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
3.3 You may view (and, where applicable, listen to) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of our Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
3.4 You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
3.5 From time to time we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. Registered users may customise some of the Site’s features to create personalised areas of the Site for their own private non-commercial use. Users must not otherwise alter, adapt or reverse engineer any part of the Site.
3.6 Unless otherwise stated in these Terms, you must not (whether directly or indirectly):
3.6.1 distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publically available or not; or
3.6.2 copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
3.7 You may only play video or audio files using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation.
3.8 Users should be aware that content and resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Site. 3.9 Users, whether or not registered, must not abuse our ‘Report this Comment’ facility (or such other similar feature) (such as, without limitation, by making malicious reports).
4.1 You may establish a link to the Site, provided that:
4.1.1 the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
4.1.2 the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and 4.1.3 framing of our Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
4.2 We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
4.3 On certain parts of the Site you may be able to include links to third party websites. Subject to these Terms you may only include links on the Site to third party websites or webpages if:
4.3.1 the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.7;
4.3.3 links are clearly and visibly marked as such;
4.3.4 the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and 4.3.5 the link will not result in any automatic download.
4.4 Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
5 Third party content
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
6 Intellectual Property Rights
6.1 For the avoidance of doubt, we (the Avalon Marshes Partnership) are the owner or the licensee of all intellectual property rights in our Site. All such rights are reserved.
6.2 We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to the Site.
6.3 We respect the intellectual property rights of others, and we request that our visitors do the same. We strive to obtain permission from content owners to use their content on this site, there may however occasions where this has been missed, for which we apologise, be assured there is no malicious intent and we will rectify this as fast is possible. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached via the contact page on our website.
Please include all of the following in your notification:
- A description of the copyrighted work you claim has been infringed;
- A description of where the material you claim is infringing is located on the site;
- Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7 Your personal information
8 Our liability
8.1 The following provisions of this clause 10 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
8.2 The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
8.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law.
8.4 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
8.4.1 loss of or corruption to data; or 8.4.2 loss of profit; or 8.4.3 loss of anticipated savings; or 8.4.4 loss of anticipated revenue; or 8.4.5 loss of business; or 8.4.6 loss of opportunity; or 8.4.7 adverse effect on reputation and/or goodwill; or 8.4.8 any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential. 8.5 Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.8 8.6 Without prejudice to the generality of the exclusions of liability contained in this clause 10, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site). 8.7 We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site. 8.8 Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects.
9 Maintenance of the Site
9.1 You acknowledge and agree that from time to time we may need to: 9.1.1 take the site offline for maintenance 9.1.2 fix defects and errors in the Site; 9.1.3 install updates and undertake general diagnosis and maintenance of the Site; and 9.1.4 undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.
- Make our website work as you’d expect
- Remember your settings during and between visits
- Improve the speed/security of the site
- Allow you to share pages with social networks like Facebook
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass personally identifiable data to third parties
11 Leaving the Website
We are not responsible for the privacy practices or the content of any other websites linked to our website. If you have followed a link from this website to another website you may be supplying information to a third party.