Activity and Activities: Any actions, activities or events undertaken or materially influenced as a result of you using this Website, in whatever form, or performed under the name “Swallow Yachts Association”.
Material: Any content uploaded, linked or configured such that it may immediately or in future be displayed on the Website, including but not limited to forum posts, forum messages, website pages, blog posts, page and post comments, user profiles, photos and other files.
Swallow Yachts Association: An online community for those interested in Swallow Yachts (the company, their designs and their boats) and related topics, whose participants interact with each other primarily via the Website.
Website: All websites and forums, together and separately, including the Materials on those websites and forums, run at the Internet domains swallowyachtsassociation.org or swallowyachtsassocaition.org.
1. These terms relate to you as an individual and not a specific Website user account. Should you have multiple user accounts, create additional accounts or use other users’ accounts then these terms apply to your activities through and outside all such accounts.
2. You agree that the Swallow Yachts Association is an online community and not an unincorporated association or a legal entity. All responsibilities and liabilities remain with the relevant individuals and not a wider community.
3. Access to the Website is permitted on a temporary basis and may be withdrawn or amended, in each case temporarily or permanently, without reasonable notice or reason. The Website’s owners, operators and administrators will not be liable if for any reason the Website is unavailable at any time or for any period.
4. The administrators of the Website may at their absolute discretion suspend or permanently prohibit any individual’s use of the Website should they indicate they do not accept these terms, materially breach any of these terms or otherwise bring in to disrepute or damage the Website, its users or objectives (as described in the “About Swallow Yachts Association” page or any other page(s) detailing the Website’s objectives).
5. You agree that each provision of these terms is intended to be severable and distinct from the others. If a provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, you agree that the legality, validity and enforceability of the remainder of the terms shall not be affected.
7. You hold harmless and indemnify the owners, operators, administrators and all other users of this Website, save where they materially and relevantly breach these terms or relevant legislation, for any direct or indirect costs, claims, damages, losses and expenses incurred as a direct or indirect result of you using the Website, contributing Material, acting on any Material or engaging in Activities.
8. Cookies may be used where reasonably required for the operation of the Website, for example to manage keeping you logged-in to the Website.
9. The operators of the Website may reveal your identity or any other related information where reasonably required and relevant in the event of a request by any regulatory, governmental or other competent authority, a formal complaint or legal action. Data will otherwise not be shared with third parties.
10. All Material and the consequences of such Material being made available on the Website is the responsibility of the user which posted that Material. However:
- any Material may, at any given time, be inaccurate or out of date and the user which contributed the Material is under no obligation to correct or update such Materials and the users of such information will not hold the contributor or copyright holder liable for the consequences of any such inaccuracies; and
- individuals who contribute Material bear no liability or responsibility for the consequences of other individuals acting upon that Material, in whatever form.
11. You will not contribute Material which:
- may reasonably and avoidably cause offense, distress or harm (in whatever form) to individuals or organisations; or
- is in violation of any relevant laws; or
- includes or links to any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- you reasonably believe may contain or links to viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- otherwise breaches the spirit or purpose for which the Website is run.
12. The Website administrators may, at their absolute discretion, edit or delete Material they reasonably believe may breach these terms.
13. You agree you own the the rights to any Material you add (or have added) to the Website or you otherwise have the right to add (or to have added) such Material, for example the Material is already in the public domain or you have been granted appropriate permission by the copyright holder. Where the copyright is owned by a third party you will make reasonable endeavours to ensure that their ownership is apparent to Website users. You are responsible for meeting, and ensuring you continue to meet for as long as the Material is included on the Website, any other terms imposed by that third party and also for ensuring you are able to meet the requirements of clause 15.
14. As soon as you become aware that you are in breach of clause 13 you will make all reasonable endeavours to rectify the breach as soon as practical. You will also notify, as soon as reasonably practical, the Website administrators such that they may oversee the removal or editing of affected Material.
15. You, or the original copyright holder if that is not you, retains copyright and all other rights in all Material you add, or have previously added, to the Website. However, for any Material you add, or have previously added, to the Website, you grant (and certify you have a right to grant) an irrevocable and perpetual royalty-free license for the Website and any it’s users to use, modify and redistribute such Material (in part or in its entirety), strictly subject to licensees crediting the copyright holder and using these same license terms (without restriction or modification) whenever Material is used or redistributed.
16. You may freely and in whatever form download, print, modify and redistribute any Material strictly subject to all the following conditions:
- you clearly and accurately credit the copyright holder where the original contributor has provided this; and
- all reproduced or redistributed Material, including where you modify such Material, remains subject to the same license terms detailed on this page; and
- Material that includes personal or sensitive information shall not be reproduced or redistributed without explicit permission from the individuals and organisations to which the personal or sensitive information relates, and you agree that such individuals or organisations may, for whatever lawful reason, withhold such permission. It is your responsibility to check whether Material includes personal or sensitive information.
17. You remain wholly responsible for your own safety, your conduct (including any direct or indirect consequences of your conduct) and any costs you incur as a result of engaging in Activities. It is your responsibility to ensure you and, where appropriate, your crew and boat are suitably experienced, equipped and informed about any Activities in which you participate. Any information, advice or suggestions of suitability (for people, boats or equipment) implied or explicit within Material should not be replied upon when engaging in an Activity and does not replace your responsibilities.
18. You agree that all responsibilities and liabilities (direct and indirect and of whatever nature) remain solely with the individuals who participate in Activities and all costs and liabilities will be met (in proportion to individuals’ liabilities) by those individuals whose actions or inactions directly or indirectly caused the costs or claims to be incurred. Furthermore, you acknowledge and agree with regard to Activities:
- organisers and other participants who sail together do not take on a greater responsibility than if, for example, they both independently and coincidentally sailed together at the same location; and
- organisers of Activities do not take on a greater level of responsibility than any other participant except as required by relevant laws; and
- an individual’s organisation of, or contribution to, an Activity may not be of a level to make up for any deficiencies in another individual’s (including your) knowledge, training, equipment, experience or preparation; and
- other individuals who organise or contribute to Activities may not be performing assessments of the risks you may face when performing or joining the Activity and thus you are responsible for assessing and mitigating the risks associated with any Activities you join or undertake.
19. Any disputes or claims arising out of or in connection with the use of the Website shall be governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to settle any such disputes or claims.
12th August 2015