Parish Pump Terms of Use

This document was last modified on 22nd September 2005.

The Parish Pump web site is comprised of various web sites and web pages operated by Parish Pump Ltd. These web sites will be collectively referred to in this agreement as the "Parish Pump Network." This Agreement applies to the Parish Pump Network collection of web sites. Please read this Agreement in its entirety.

The Parish Pump Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the Parish Pump Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular Parish Pump web site included within, or acceptance of a product, service or benefit obtained through the Parish Pump Network, may also be subject to additional terms specified in this document, on the applicable Parish Pump web site or in other accompanying documentation (as such terms that may be modified by Parish Pump from time to time as described below in the "Additional Terms").

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular Parish Pump web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarise yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the Parish Pump Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.

Modification of These Terms of Use & Notices
Parish Pump reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the Parish Pump Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the Parish Pump Network after any such changes shall constitute your consent to such changes. Parish Pump does not and will not assume any obligation.

Acceptable Use Limitation
The Parish Pump Network is provided for your benefit. Your right to use the Parish Pump Network is personal to you. As a condition of your use of the Parish Pump Network, you warrant to Parish Pump that you will not use the Parish Pump Network for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Parish Pump Network, except as expressly provided herein.

In addition, you may not use the products or services provided through or in connection with the Parish Pump Network to:

• defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorised advertising, promotional materials, unsolicited email or multi-level marketing campaigns;
• publish, post, distribute, disseminate or link to any:
  • inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information
  • software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials
  • software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs)
• sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that:
  • you cannot legally sell,
  • are misrepresented, and/or
  • if sold via the Parish Pump Network would cause Parish Pump to violate any law, statute or regulation;
• harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties;
• restrict or inhibit any other user from using and enjoying its rights in the Parish Pump Network, interfering with or disrupting the Parish Pump Network service or servers or network connected to Parish Pump Network; or,
• violate any applicable government laws or regulations.

The information provided by Parish Pump to you may be proprietary in nature. Parish Pump is not obligated to monitor the content on the Parish Pump Network. However, with respect to the use of the products and services offered on the Parish Pump Network, Parish Pump reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Parish Pump Network web sites, in Parish Pump's sole discretion, without notice at any time.

Fees
Some products and services available through or in connection with the Parish Pump Network require that you purchase a subscription or otherwise pay a fee. You hereby authorise Parish Pump to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the Parish Pump Network product or service you have chosen to use. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Parish Pump Network. Parish Pump reserves the right to modify the fees charged for Parish Pump Network products and services from time to time, provided that such modifications shall not take effect earlier than thirty (30) days after Parish Pump posts such modifications on the Parish Pump Network web site. If you notify Parish Pump in writing that you are terminating this Agreement, fees pre-paid by you to Parish Pump for Parish Pump Network products or services will be credited back to your applicable credit card on a pro-rated basis (except to the extent such termination is due to your breach of this Agreement) within forty-five (45) days after receipt of your notice of termination. Parish Pump is not required to refund directly to you any amounts paid hereunder. It is your responsibility to notify Parish Pump if your credit card has expired and to make changes or your service may be disconnected or interrupted.

Links to Third Party Sites
Links within the Parish Pump Network may let you leave the Parish Pump Network. You acknowledge that the linked sites are not under the control of Parish Pump and that Parish Pump are not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Parish Pump are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Parish Pump of the linked site or any association with their operators.

Use of Communication Services
The Parish Pump Network may contain guest books, bulletin board services, chat areas, news groups, forums, communities, personal and business web pages, electronic mail postings and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). 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, and to comply with all applicable laws and these Terms of Use and Notices. In addition to above acceptable use limitations, you agree that when using a Communication Service, you will not:

• Advertise or offer to sell or buy any goods or services, unless such Communication Service specifically allows such messages;
• Falsify, delete or alter any material, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded via the Communication Services;
• Restrict or inhibit any other user from using and enjoying its rights in the Communication Services;
• Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including email addresses, without their express consent;
• Link the Communication Services to any unsolicited communication sent to any third party, or otherwise use or mention the Communications Services in connection with any such unsolicited communication; or,
• Violate any applicable laws or regulations.

Parish Pump reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, Parish Pump reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Furthermore, Parish Pump reserves the right to terminate or change any Communication Service at anytime. Parish Pump are not obligated to monitor the Communication Services. However, with respect to the use of the Communication Service, Parish Pump reserves the right to disclose any information or materials 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, from the Communication Service in Parish Pump's sole discretion.

You acknowledge that Communication Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. Parish Pump does not control or endorse the content, messages or information found in any Communication Service and, therefore, Parish Pump specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

License You Grant to Parish Pump
Parish Pump does not claim ownership of the materials you provide to the Parish Pump Network (including feedback and suggestions) or post, upload, input or submit in connection with your use of the Parish Pump Network (collectively "Submissions"). However, you grant Parish Pump a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission) your Submission only in connection with the operation and promotion of Parish Pump. You also grant Parish Pump the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to Parish Pump's or its sub licensee's use of the materials as licensed above. Parish Pump is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Parish Pump's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Parish Pump Network web site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Parish Pump the license set forth above, and you will defend and indemnify Parish Pump and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

Software Available on the Parish Pump Network
Software (if any) that is made available to download from or otherwise through the Parish Pump Network, excluding software that may be made available by third parties via the Parish Pump Network, ("Software") is the copyrighted work of Parish Pump and/or its suppliers. Your use of the Software is governed by these Terms of Use and Notices, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Use and Notices, and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, Parish Pump hereby grants to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Parish Pump Network web site in accordance with the applicable Terms of Use and Notices, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Parish Pump and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United Kingdom. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.

Liability Disclaimer
The information, software, products, services and other material included in or available through the Parish Pump Network may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the Parish Pump Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of the Parish Pump Network, and products and services of Parish Pump, is at your own risk. Parish Pump, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the Parish Pump Network, or such products or services. Parish Pump makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Parish Pump Network, or such products or services. Without limiting the foregoing, PARISH PUMP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE PARISH PUMP NETWORK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PARISH PUMP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL PARISH PUMP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER NOR FOR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PARISH PUMP NETWORK OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE PARISH PUMP NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PARISH PUMP NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE PARISH PUMP NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARISH PUMP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PARISH PUMP NETWORK, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PARISH PUMP NETWORK AND ITS RELATED SERVICES, SAVE THAT WHERE YOU HAVE PAID ANY FEE DIRECTLY TO PARISH PUMP IN RESPECT OF SERVICES PROVIDED OR TO BE PROVIDED, PARISH PUMP WILL REFUND ANY PORTION OF THE FEE WHICH RELATES TO SERVICES NOT PROVIDED. Nothing in these terms of use shall limit Parish Pump's liability for death or personal injury caused by its negligence. Without limiting the foregoing, Parish Pump is not responsible for any of your data residing on the Parish Pump Network and the Parish Pump Network hardware.

You agree to defend, indemnify and hold Parish Pump and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Parish Pump or your use of the Parish Pump Network.

Service Contact
If you need to contact Parish Pump regarding the Parish Pump Network, please send email to enquiries@parishpump.co.uk

Access Restriction
Parish Pump reserves the right to deny in its sole discretion any user access to the Parish Pump Network or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s), user name(s) or identifiers issued to you by Parish Pump, and for any use or misuse of your account or the Parish Pump Network resulting from any third party using a password, user name or identifier issued to you.

Termination
Parish Pump may terminate this Agreement and your access to the Parish Pump Network (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Parish Pump to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the Parish Pump Network, or from receiving any products, services or benefits from Parish Pump. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with the Parish Pump Network.

General
This Agreement is governed by English Law and you hereby consent to the jurisdiction of the English courts in all disputes arising out of or relating to the use of the Parish Pump Network. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against Parish Pump, (or its affiliates). Use of the Parish Pump Network is unauthorised 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 Parish Pump as a result of this Agreement or use of the Parish Pump Network. Parish Pump's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Parish Pump's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Parish Pump Network or information provided to or gathered by Parish Pump 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 user and Parish Pump with respect to the Parish Pump Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Parish Pump with respect to the Parish Pump Network. 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. You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party.

Copyright & Trademark Notices
All contents of the Parish Pump Network are: Copyright © Parish Pump Ltd. All rights reserved.

Any rights not expressly granted herein are reserved by Parish Pump.

For Information Regarding the Parish Pump Privacy Policy click here.

Changes to this Statement
Parish Pump will occasionally update these Terms of Use. When we do, we will also revise the "last modified" date at the top of this document. For material changes to this statement, Parish Pump will notify you by placing prominent notice on the Parish Pump Network.

Contact Information
Parish Pump welcomes your comments regarding this privacy statement. Please contact us by email, or postal mail.

Email: enquiries@parishpump.co.uk

Parish Pump Ltd
48 South Street
Alderley Edge
Cheshire
SK9 7ES

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