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Terms and conditions

    Introduction

    These are the terms and conditions that apply to use of the www.ngfl-cymru.org.uk ("the Website"), which is brought to you by NGfL Cymru, 245 Western Avenue, Cardiff, CF5 2YX. The terms and conditions may be updated by us from time to time without notice to you. You should review these terms and conditions periodically . Particular NGfL Cymru services may also be governed by additional or alternative terms of service, which will be posted on the relevant service.

    NGfL Cymru Service

    NGfL Cymru currently provides users with access to various on-line resources including online forums and specialist content through its network. Unless explicitly stated otherwise, any new features shall be subject to these terms and conditions.

    Your registration obligations and supervising children

    Certain aspects of the Service may require you to register and provide certain information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by e-mailing us) to keep it true, accurate, current and complete.

    NGfL Cymru is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they may be able to access various services including message boards, clubs and chat rooms (among others). As the legal guardian, it is your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.

    NGfL Cymru Registration Data

    Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

    Member account, password and security

    The registration processes on the Website may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NGfL Cymru of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. NGfL Cymru cannot and will not be liable for any loss or damage arising from your failure to comply with this.

    Your conduct

    You acknowledge that all information, data (including Registration Data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NGfL Cymru, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. NGfL Cymru does not control the Content posted by users of the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable.

    IF YOU BREACH THE CONDITIONS BELOW, YOU SHOULD BE AWARE THAT A PARTY AGGRIEVED BY THE UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, DEFAMATORY OR IN BREACH OF COPYRIGHT, MAY TAKE ACTION AND THAT THIS COULD RESULT IN YOUR IDENTITY BEING DISCLOSED AND YOUR HAVING TO PAY COMPENSATION TO THE PERSON OR COMPANY AGGRIEVED.

    You agree to not use the Service to:

    - upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    - harm minors in any way;
    - impersonate any person or entity, including, but not limited to, a NGfL Cymru staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    - upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    - upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    - upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
    - upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    - disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    - interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    - intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
    - "stalk" or otherwise harass another;
    - or collect or store personal data about other users.

    You acknowledge that NGfL Cymru does not pre-screen Content, but that NGfL Cymru and people designated by it shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, NGfL Cymru and its designees shall have the right to remove any Content that violates these terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NGfL Cymru or submitted to NGfL Cymru.

    Special warning for international use

    Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content.

    Rights in posted content

    With respect to all Content you post to publicly accessible areas of the Service, you grant NGfL Cymru the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

    Indemnity

    You agree to indemnify and hold NGfL Cymru, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.

    No resale of service

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

    General practices regarding use and storage

    You acknowledge that NGfL Cymru may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NGfL Cymru has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NGfL Cymru reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NGfL Cymru reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    Modifications to service

    NGfL Cymru reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NGfL Cymru shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    Termination

    You agree that NGfL Cymru, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NGfL Cymru believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions.

    Links

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NGfL Cymru has no control over such sites and resources, you acknowledge and agree that NGfL Cymru is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NGfL Cymru shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

    NGfL Cymru proprietary rights

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by NGfL Cymru, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Disclaimers

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NGfL Cymru EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

    NGfL Cymru MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NGfL Cymru OR THROUGH OR FROM THE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

    Limitations of Liability

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NGfL Cymru SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NGfL Cymru HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

    Exclusions and Limitations

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

    IN PARTICULAR, NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF NGfL Cymru.

    General information

    These terms and conditions (including the guides and rules referred to herein) constitute the entire agreement between you and NGfL Cymru and govern your use of the Service, superseding any prior agreements between you and NGfL Cymru. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by NGfL Cymru to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions 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 these terms and conditions remain in full force and effect.
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