Terms and Conditions
Acceptance Of Terms
owlstop.com (“Website”) is a Website of the SJ Harvey Group (“Group”). Use by you of this Website and any other websites operated by the Group and its companies, together with the functions on or in or available from the Website or any other Group websites (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”).
The copyright in the material contained on, in, or available through the Website or any other Group website excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to the Group or its companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in the Website or any other Group website are registered and owned by or licensed to the Group or its companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Group or the relevant group company.
You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to the Group or its companies. None of the Material may be used for any commercial or public use.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of The Group or the relevant group company.
Content Submitted To The Website
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of the Website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to the Website or any other Group website or otherwise transmitted through the Website or any other Group website by any visitor to the Website is referred to as “Content”. The Group does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, the Group does not guarantee the accuracy, integrity or quality of such Content. The Group shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, the Group shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through the Website or any other Group website and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which the Group receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of the Website or any other Group website (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through the Website or any other Group website) you are wholly responsible for it. You hereby:
- grant the Group and its companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and
- irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.
Link To Third Parties
The Website and other Group website may contain links to websites operated by third parties (“Third Party Website”). The Group does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.
You agree that when using the Website or any other Group website you will not:
- Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content;
- Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the Website or any other Group website or any networks connected to the Website or any other Group website or another’s computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
- Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
- Restrict or in any way inhibit any person from using the Website or any other Group website; or
- Upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
- Upload, post or otherwise transmit any Content to a part of the Website or any other Group website which is irrelevant to the subject matter or the Content; or
- Upload, post or otherwise transmit any Content to the Website or any Group website using an e-mail address provided by a free account service such as Hotmail; or
- Register yourself as a member of the Website or use any service under more than one user name and/or user account number without the consent of the Website editor or moderator; or
- Use the Website or any other Group website in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
- Breach the terms of any suspension or ban or seek alternative access.
You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of the Website or any other Group website.
You agree to indemnify the Group and its companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Website or any other Group website other than in accordance with these Terms and Conditions.
The Website’s associative content and graphics are copyright © The SJ Harvey Group. All rights reserved.
Reproduction is authorised, provided the source is acknowledged, except where otherwise stated.
Where prior permission must be obtained for the reproduction or use of said information (text, graphics, etc.); such permission shall cancel the above-mentioned general permission and shall clearly indicate any restrictions on use.
Permission is not needed to create links to any page within the Website or any Group website.
Disclaimer / Liability
Use of the Website, any other Group website and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content is at your own risk. To the maximum extent permitted by law:
- The Group disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Website, any other Group website, Third Party Websites, links to Third Party Websites, Material and Content; and
- all implied warranties, terms and conditions relating to the Website, any other Group website, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between the Group and you, hereby excluded. The Group will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website, any other Group website, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through the Website or any other Group website or Third Party Website, whether by the Group or on its behalf, for any:
- economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect or consequential loss.
If the Group is liable to you directly or indirectly in relation to the Website, any other Group website, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through the Website or any other Group website or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for the Group granting you membership to the Website.
Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of the Group or its companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
The Group reserves the right in its sole discretion to deny you access to the Website or any other Group website, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions.
If you take part in any competition which is run on or through the Website or any other Group website (“Competition”), you agree to be bound by the Online Competition Rules and any other rules specified by The Group from time to time (“Competition Rules”) and by the decisions of the Group, which are final in all matters relating to the Competition. The Group reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and the Group concerning your use of the Website or any other Group website and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and the Group in relation to such matters. The Group reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on this page. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of the Group.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of the Group, to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
The Group’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Group in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, the Group and its companies.