Terms & Conditions.
All Users accessing and using this Web Site are deemed to have agreed to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions, you should not access or use this Web Site.
“Agreement” means these terms and conditions under which you agree to be bound in the event you access or use this Web Site.
“Information” means any and all material (being written and/or stills or video material which shall include without limitation any source codes, files, computer languages or applications) contained in or creating this Web Site which is created by or on behalf of www.elementskitesurfing or any associates thereof.
“User” means you, the Web Site User.
“Web Site” means the web site at www.elementskitesurfing.co.uk
2. Rights and Grant of Licence
2.1 The Information contained on this Web Site is owned by, licensed or authorised to be used by www.elementskitesurfing.co.uk, its associates, assignees, licensees or sub-licensees thereof. The copyright in the Web Site is owned by www.elementskitesurfing.co.uk.
2.2 Any form of reproduction of part or all of the Information is strictly prohibited save as provided in Clause
2.3 The User may print or download [any Information/up to [two (2) stills or video image files and two (2) content files]] to a locally held disc provided the same is used solely for the User’s own personal use. The User may copy the Information to individual third parties for their personal information and personal use, but only if:
2.3.1 the User acknowledges www.elementskitesurfing.co.uk as the source of the Information and the Web Site alongside such copy of the Information; and
2.3.2 the User informs the third party that these conditions apply to any use of the Information.
2.4 The licence granted herein does not permit incorporation of the Information or Website (or any parts of the same) in any other work or publication, whether hard copy or electronic or otherwise.
2.5 All other rights not expressly granted herein are reserved to www.elementskitesurfing.co.uk. All moral rights and related rights in or to the Information are asserted in full.
2.6 The licence granted herein may be revoked at any time, without reason and any user may be denied access to the Web Site at any time without reason.
The User undertakes:
(a) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of www.elementskitesurfing.co.uk;
(b) that in the event it has any right, claim, or action against any other User or other third party arising out of its or their use of the Web Site it shall pursue such right, claim or action independently of and without recourse to www.elementskitesurfing.co.uk, other than at the express written permission of www.elementskitesurfing.co.uk ;
(c) and acknowledges that www.elementskitesurfing.co.uk has no obligation to provide the Web Site or any Information or to ensure the User is able to use, provide and/or access the Information or the Web Site; and
(d) to indemnify and keep indemnified www.elementskitesurfing.co.uk against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, or the Web Site or of the User’s obligations under this Agreement.
4. Exclusion of Liability/Disclaimer
4.1 The Web Site is part of an on-line community and as such receives content and Information from its Users. This Information is not reviewed or checked by www.elementskitesurfing.co.uk and the views and opinions expressed in such Information may not reflect the views and opinions of www.elementskitesurfing.co.uk.
4.2 www.elementskitesurfing.co.uk provide the Web Site and the Information on an “as is” basis and make no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose.
4.3 In addition, the Web Site is accessible from the world-wide web and as such www.elementskitesurfing.co.uk are not able to restrict those Users accessing the Web Site. To protect Users, www.elementskitesurfing.co.uk advise that Users do not communicate personal details to other Users, other than where caution has been exercised. In any event communication of personal details is entirely at the User’s own risk.
www.elementskitesurfing.co.uk accepts no liability and shall not be liable for any actions, losses costs, damages or inconvenience caused to Users resulting from interaction with other Users or third parties from the Web Site.
Without limitation to the above, should any User receive or view racist, abusive, obscene or offensive material on or as a result of accessing the Web Site, they should report the details of such incident to email@example.com who will endeavour to prevent such incidents re-occurring so far as the same is technically possible and financially viable.
4.4 Further, www.elementskitesurfing.co.uk makes no warranty or representation about;
(a) the reliability or technical efficiency of the Web Site;
(b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information or User’s personal information or data;
(c) whether the Web Site or the Information is Year 2000 compliant;
(d) the suitability of the advertisements on the Web Site or the suitability, legality or otherwise of other web sites which may be accessible from the Web Site;
4.5 www.elementskitesurfing.co.uk excludes all liability (so far as is permitted by law) in respect of ;
(a) any advertisements or other web sites which can be accessed via the Web Site; and
(b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Information; and
(c) any damage to the User, the Users’ computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site or the Information.
www.elementskitesurfing.co.uk shall have the right to terminate this Agreement (and any licence granted therein) immediately and without notice to the User. In the event of termination, the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.
6. Amendments to Terms and Conditions
www.elementskitesurfing.co.uk reserve the right to change and amend these Terms and Conditions from time to time. The User’s continued use or access of the Web Site after such change or amendment shall be deemed to confirm the User’s acceptance of any such change or amendment. It is the User’s responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Web Site.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
8. No waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this agreement.
www.elementskitesurfing.co.uk may freely charge, licence, transfer, assign or otherwise dispose of any of its rights or obligations hereunder.
The User shall not be entitled to charge, license, transfer, assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from www.elementskitesurfing.co.uk.
10. Entire Agreement
This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Ireland, the courts of which shall alone be the courts of competent jurisdiction.