1. Our Favourite Places – terms of use

This page sets out the terms on which you may access and make use of the content and services on Our Favourite Places website found at www.ourfaveplaces.co.uk. Please read these terms of use carefully before you start to use Our Favourite Places. By using Our Favourite Places, you indicate that you accept these terms of use and that you agree to abide by them. If you do not fully agree to these terms of use then you should not use Our Favourite Places. These terms are subject to change from time to time. If you subscribe to our newsletter we will notify you of any changes. If you do not, we recommend that you read these terms on each occasion that you return to Our Favourite Places as they do constitute a legally binding agreement between Our Favourite Places and you.

2. Accessing Our Favourite Places

2.1 Access to Our Favourite Places is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason Our Favourite Places is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of Our Favourite Places, or our entire site.

2.3 You are responsible for making all arrangements necessary for you to have access to Our Favourite Places.

3. Intellectual property rights

3.1 We (Eleven Design) are the owner or the licensee of all intellectual property rights in Our Favourite Places and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 Subject to these terms of use, you may print off copies and may download extracts of any page(s) from Our Favourite Places and in addition you may draw the attention of others to material posted on Our Favourite Places.

3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4 Our status, and that of any identified contributors, as the authors of material on Our Favourite Places must always be acknowledged.

3.5 You must not use any part of the materials on Our Favourite Places for commercial purposes without first contacting us to obtain the correct permission to do.

3.6 If you print off, copy or download any part of Our Favourite Places in breach of these terms of use, your right to use Our Favourite Places will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.7 For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to our web page.

4. Reliance on information posted

Commentary and other materials posted on Our Favourite Places are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Favourite Places, or by anyone who may be informed of any of its contents.

5. Our Favourite Places changes regularly

New content is added to Our Favourite Places regularly. If the need arises, we may suspend access to Our Favourite Places, or close it indefinitely to affect any changes. Any of the material on Our Favourite Places may be out of date at any given time, and we are under no obligation to update such material.

6. Our liability

6.1 The material displayed on Our Favourite Places is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, Our Favourite Places, contributors and any other third parties connected to us hereby expressly exclude:

6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Favourite Places or in connection with the use, inability to use, or results of the use of Our Favourite Places, any websites linked to it and any materials posted on it, including, without limitation any liability for:

6.1.2.1 loss of income or revenue;

6.1.2.2 loss of business;

6.1.2.3 loss of profits or contracts;

6.1.2.4 loss of anticipated savings;

6.1.2.5 loss of data;

6.1.2.6 loss of goodwill;

6.1.2.7 wasted management or office time; and

6.1.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. Prohibited uses

7.1 You may use Our Favourite Places only for lawful purposes. You may not use Our Favourite Places:

7.1.1 in any way that breaches any applicable local, national or international law or regulation;

7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.1.3 for the purpose of harming or attempting to harm minors in any way;

7.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (section 9);

7.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

7.1.6 to knowingly transmit any data, send or upload any material that contains 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.

7.2 You also agree:

7.2.1 not to reproduce, duplicate, copy or re-sell any part of Our Favourite Places in contravention of the provisions of our terms of website use;

7.2.2 not to access without authority, interfere with, damage or disrupt:

7.2.3 any part of Our Favourite Places;

7.2.4 any equipment or network on which Our Favourite Places is stored;

7.2.5 any software used in the provision of Our Favourite Places; or

7.2.6 any equipment or network or software owned or used by any third party.

8. Interactive services

8.1 We will do our best to assess any possible risks for users from third parties when they use any Interactive Services provided on Our Favourite Places and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on Our Favourite Places, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.

8.2 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Interactive Services that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Services should be made aware of the potential risks to them.

8.3 Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

9. Content standards

9.1 These content standards apply to any and all material which you contribute to Our Favourite Places (Contributions), and to any Interactive Services associated with it.

9.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

9.3 Contributions must:

9.3.1 be accurate (where they state facts);

9.3.2 be genuinely held (where they state opinions); and

9.3.3 comply with applicable laws in the UK and in any country from which the Contributions are posted.

9.4 Contributions must not:

9.4.1 contain any material which is defamatory;

9.4.2 contain any material which is obscene, offensive, hateful or inflammatory;

9.4.3 promote violence; 9.4.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

9.4.5 infringe any copyright, database right or trade mark of any other person;

9.4.6 be likely to deceive any person;

9.4.7 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

9.4.8 promote any illegal activity;

9.4.9 be threatening, abuse or invade another’s privacy, or cause annoyance,

9.4.10 inconvenience or needless anxiety;

9.4.11 be likely to harass any other person;

9.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

9.4.13 give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

10. Suspension and termination

10.1 We will determine, in our sole discretion, whether there has been a breach of these terms of use through your use of Our Favourite Places. When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

10.2 Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:

10.2.1 immediate, temporary or permanent withdrawal of your right to use Our Favourite Places;

10.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to Our Favourite Places;

10.2.3 issue of a warning to you;

10.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.2.5 further legal action against you; or

10.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

10.3 We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.

11. Data protection

For your protection and in accordance with the Data Protection Act, we only store your e-mail address when you opt in to our mailing list in order that we can send you the weekly OFP Bulletin. If you no longer wish to receive this information or do not want anyone to contact you for any other reason, please use the unsubscribe link in any bulletin or let us know. We will never share your information with third parties unless otherwise requested.

12. Viruses, hacking and other offences

12.1 You must not misuse Our Favourite Places by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Favourite Places, the server on which Our Favourite Places is stored or any server, computer or database connected to Our Favourite Places. You must not attack Our Favourite Places via a denial-of-service attack or a distributed denial-of service attack.

12.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Favourite Places will cease immediately.

12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Favourite Places or to your downloading of any material posted on it, or on any website linked to it.

13. Linking to the site

13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.2 You must not establish a link from any website that is not owned by you.

13.3 Our Favourite Places must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on Our Favourite Places other than that set out above, please contact us using the information below.

14. Links from the site

Where Our Favourite Places contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Jurisdiction and applicable law

15.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Favourite Places although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

15.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with UK law.

16. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Favourite Places. Any enquiries concerning the above should be made to [email protected]