Terms and Conditions
These Terms & Conditions of Use ('Terms & Conditions') explain the contractual agreement between you and us regarding your use of the Site and any activities and transactions you may conduct through the Site. In these Terms & Conditions, the words 'you' and 'your' refer to any person accessing data via the Site, and the words 'we', 'us' and 'our' refer to Barafundle.
Entire agreement and changes
Personal information and privacy
Copyright and ownership
All materials on this Site, including but not limited to audio, images, software, text, methodologies and video clips (collectively referred to as the 'Content') are protected by copyright laws and international conventions. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are proprietary logos and trademarks found on this Site belonging to Barafundle or other organisations. By making them available on this Site, Barafundle is not granting you any licence to utilise those proprietary logos or trademarks. Any unauthorised use of the Content may be in breach of copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Please also see our Copyright Notice.
You may not use the Site:
- to send, receive, upload, download, store, archive, use or re-use any information or material that is defamatory, obscene, offensive, abusive, threatening, menacing, harassing, indecent, or in breach of confidence, copyright, privacy or any other rights;
- to cause annoyance, inconvenience or needless anxiety;
- to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided by any third party using the Site; or
- other than in accordance with these Terms & Conditions and policies for the acceptable use of any Linked Sites.
This Site is provided by Barafundle and may only be used for informational purposes. By using or downloading materials from this Site, you agree to abide by the Terms & Conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, do not use or download materials from this Site. Subject to your continued compliance with the Terms & Conditions set forth in this Agreement, Barafundle grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the information, images and text thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
You may download one copy only of the Content to be used only by you for your non-commercial personal use unless stated otherwise. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it. You agree not to distribute or reproduce any of the Content downloaded by you.
Your access to and use of the Site are at your own risk. The Site is provided 'as-is', and to the maximum extent permitted by applicable law, Barafundle disclaims all other representations and warranties, express or implied, regarding the Site including without limitation its fitness for a particular purpose, its quality, its merchantability, its performance, its non-infringement of third party rights, its accuracy, completeness or other characteristics, or the results obtained by using the Site. Barafundle does not warrant that the Site is free from bugs, viruses, errors, or other program limitations, nor does Barafundle warrant access to the Internet or any other service through the Site.
Limitation of Liability
In no event will Barafundle be liable to you for any third-party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to Barafundle's attention.
You agree to indemnify, defend and hold Barafundle and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, 'Indemnified Parties') harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms & Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Barafundle's defence of any claim. Barafundle reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Barafundle.
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales, and both parties submit to the non-exclusive jurisdiction of the English Courts.
Severability no waiver
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