General

Calderdale-Online, an independent not-for-profit organisation, provides you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "services," which will be defined more under the Section, "Services."). Access to and use of the services are governed by these Terms of Use (the "Agreement"). By accessing or using the services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. If you do not agree to these terms, you may not use this Web site.

Services

The services act as a system or venue to introduce you to providers of information, other Web sites that are owned and operated by third party merchants, advertisers and other third parties, and buyers and sellers of goods and services. Calderdale-Online uses reasonable efforts to ensure the availability of the information and content, including links that it makes available through the services. However, Calderdale-Online does not control, nor take any responsibility for :-

(i) the quality, safety or legality of items available through or on its merchants' and advertisers' Web sites or sites of third parties that may be accessed via the services,

(ii) the content located on or through any Web site of those merchants, advertisers or third parties, including (but not limited to) the truth, accuracy, legality, lawfulness or compliance with regulation of such content (even if such content appears on the services), or

(iii) the availability or technical capabilities of the Web sites or links to Web sites of merchants, advertisers or those third parties, or (iv) any transactions between you and such sites (including as to personal data, confidential information, data flows, "cookies", or purchases of goods or services).

Calderdale-Online is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content.

Nothing contained in any of the services is an offer or promise to sell a specific product for a specific price or that any advertiser (or merchant) will sell any product or service for any purpose or price or on any specific terms. Calderdale-Online does not guarantee the price, terms, product, availability and/or services offered by any advertiser or merchant.

For the services, Calderdale-Online is not involved in any transactions between you and any of its advertisers or merchants, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers or merchants. If you have a dispute with one or more advertisers or merchants, you agree to release and hereby release to the fullest extent allowable by law, Calderdale-Online (and Calderdale-Online's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Only personal use is authorised

Under this Agreement, Calderdale-Online gives you permission to access and use the services for your personal use, and to copy, distribute and transmit the content of the services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the services for your personal use. You may also print a copy of the information displayed on the services for your personal use.

That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the services or display through your own Web site any results pages or other information from the services without Calderdale-Online's express permission.

The content within the services is owned by Calderdale-Online and/or its licensors (including Calderdale-Online's advertisers and other content providers) and is protected by intellectual property or proprietary rights which may include rights of copyright and trademarks.

If you use the services other than as provided above, you may violate copyright and other laws of England and Wales and other countries, and may be subject to liability. As between you and Calderdale-Online, Calderdale-Online owns and retains all ownership of the technology underlying and content within the services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of warranties

Without prejudice to statutory rights, the services, the information and materials contained in this site (including, without limitation, text, graphics and links) are provided "as is," without warranty of any kind. In particular, Calderdale-Online does not represent or warrant that the information accessible via this site is accurate, complete or current, or that use of the site is free of risk of viruses or other damage. Calderdale-Online disclaims any warranties to the fullest extent allowable by law, whether express or implied, including any warranties of title, non-infringement, satisfactory quality or fitness for a particular purpose.

Calderdale-Online's potential liability for the services is limited

Nothing in this agreement is intended to, or does, limit the liability of Calderdale-Online or its successors, assigns or affiliates for death or personal injury caused by the negligence of that party, its officers, employees, or agents. Subject to this, neither Calderdale-Online nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors or assigns, will be liable to you for any indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services. Calderdale-Online will not be liable for any material of web sites it links to as part of the services or for information contained in or part of the services including but not limited to search results. The respective liability of Calderdale-Online, its trustees, directors, officers, employees, agents, successors, assigns, and affiliates is limited to the greatest extent permitted by law.

Objectionable material and family filtering

Calderdale-Online encourages you to use discretion when browsing the Internet or using the services. While we will not tolerate pornography or swearing the services may still contain information (such as information on sex education or racism) that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Calderdale-Online encourages you to use an adult filtering service. We do everything within our power to ensure you do not receive offensive material; nevertheless, you must install your own filtering software if you wish to limit the content available through the services.

If you come across anything on our site that you believe constitutes pornography or other illegal or unlawful material, please contact us and we will take such action as we believe is appropriate, which may include blocking access to such material and/or contacting the authorities as appropriate.

Privacy and Data Collection

Calderdale-Online does not collect personally identifying information from readers of the services unless readers have explicitly given such information to Calderdale-Online (for example, when becoming an advertiser or when sending us an e-mail with a question or as part of a contest). In addition, third party advertisers and merchants, and other third parties who control and operate Web sites that we may provide you with links to, will have different information collection and privacy practices to Calderdale-Online, which we are not responsible for. Please see our Privacy Policy, which forms part of these terms and conditions, for further details. Calderdale-Online's information practices are further described in its Privacy Policy. If you have entered into another agreement with Calderdale-Online (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection.

You should consider any communication that you transmit to Calderdale-Online (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Calderdale-Online will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over features, functions, and access to the services

Calderdale-Online reserves the right to change any information, features and functions of the services without prior notice. Calderdale-Online may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Calderdale-Online determines, in its sole discretion, violate this Agreement, the rights of Calderdale-Online or any third party, or is otherwise illegal, unlawful, inappropriate or damages the reputation of Calderdale-Online or any third party.

Choice of law, waiver, and severbility

The laws of England and Wales shall govern this Agreement. Calderdale-Online's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the services will be settled by binding arbitration in accordance with the commercial arbitration rules of the London Court of Arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in London, England, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Calderdale-Online may seek any interim or preliminary relief from a court of competent jurisdiction in England, as necessary to protect the rights or property of you or Calderdale-Online.

Notice

You may direct any questions concerning this Agreement to:

Attn: Legal Affairs
Calderdale-Online
Salem Mill
Central Street
Hebden Bridge
West Yorkshire
United Kingdom
HX7 6HB

Or email Legal

Amendment

Calderdale-Online may amend this Agreement at any time by posting the amended terms on its Web site. Except as stated below, all amended terms are automatically effective immediately after they are initially posted. This Agreement may not be otherwise amended except in a written document signed by you and Calderdale-Online.

This agreement was last revised on 12th January 2005.