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Acceptable Use Policy


PLEASE READ THE TERMS OF THIS POLICY BEFORE USING OUR WEBSITE

This Acceptable Use Policy sets out the terms between you and us under which you may access and use our website www.seasaltcornwall.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy. If you do not agree to these terms, you must not use our site. We recommend you print a copy of these terms for future reference.

We operate the website www.seasaltcornwall.com. We are Seasalt Limited, a company registered in England and Wales under company number 02259954 and with our registered office at Unit 8 Falmouth Business Park, Bickland Water Road, Falmouth TR11 4SZ. Our VAT number is GB 163 0367 27.

To contact us please email contactus@seasaltcornwall.com or telephone our customer service team on + 44 (0)1326 640075.

Our website Terms & Conditions and our Privacy Policy also apply to your use of our site.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws, trademarks and treaties around the world. All such rights are reserved.

Your use and access of our website does not give you any rights to use our intellectual property rights and you must not modify any of the materials or use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of services formed through our site or as a result of visits made by you are governed by the relevant terms and conditions.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 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.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site.
  • Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or, any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, 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 service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

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 an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.

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.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. You warrant that any contributions comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

USER GENERATED CONTENT

This Acceptable Use Policy will govern your conduct in connection with User Generated Content submitted by you to Seasalt Limited. This is in addition to Seasalt Limited Terms and Conditions, and Privacy Policy. To the extent of any conflict between Seasalt Limited’s Privacy Policy and this section of the Acceptable Use Policy, this section of the Acceptable Use Policy shall take precedence with respect to User Generated Content.

By submitting any content to Seasaltcornwall.com, in addition to the Content Standards set out above, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all "moral rights" that you may have in such content have been voluntarily waived by you;
  • you are at least 18 years old;
  • use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you have been compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Seasalt Limited (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Seasalt Limited a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at sole discretion of Seasalt Limited, who reserve the right to change, condense or delete any content on seasaltcornwall.com or seasaltcornwall.co.uk that Seasalt Limited deems, in its sole discretion, to violate this clause, the Content Standards above or any other provision of this Acceptable Use Policy.

Seasalt Limited does not guarantee that you will have any recourse through Seasalt Limited to edit or delete any content you have submitted. Images, questions, answers and written comments are generally posted within two to four business days. However, Seasalt Limited reserves the right to remove or to refuse to post any submission for any reason.

You acknowledge that you, and not Seasalt Limited, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Seasalt Limited, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By confirming your consent in response to Seasalt Limited when prompted on social media:

  • You agree to allow Seasalt Limited to use, for the purposes set out below, your photograph, video and any other media content you submit (Your Content).
  • You grant Seasalt Limited exclusive permission to use Your content in support of any advertising and promotional activities carried out by Seasalt Limited. This may include, without limitation Seasalt Limited to use your content in any advertising and promotional material (including print, television, online or social media advertisement campaign).
  • You grant Seasalt Limited a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute Your Content and/or incorporate Your Content into any form, medium or technology throughout the world without compensation to you. This may include Seasalt Limited distributing Your Content to a third party provider for use in Seasalt Limited related advertisement campaigns.
  • You confirm that you are the parent or guardian of any children featured in Your Content, or that you have obtained the express authorisation from the parent or guardian of any children featuring in Your Content.

You understand that for the purposes of administering the User Generated Content services, it may be necessary for Seasalt Limited to hold and process your personal data and for your likeness to be in the public domain. Seasalt Limited will process your personal data in line with our Privacy Policy and the relevant Data Protection legislation.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • 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.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this Acceptable Use Policy 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 make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.