Hay Meadows

Legal

Charles Paxton

https://thewebcat.biz

Terms of Use

TERMS OF USE FOR WESTMORLANDFELLS.COM AND ORTONFELLS.WORDPRESS.COM Henceforth referred to on this page collectively as my sites. Last Updated 26/6/22 prior update 16/12/19 My sites were originally made for The Orton Fells Group, now The Westmorland Fells Group by Charles Paxton for the purpose of informing the public about the area and many of the residents’ desire to have our area designated as National Park land. That movement was largely successful though we failed to persuade Natural England to include the villages of Reagill and Sleagill. Anyway, now my sites are intended to provide information about our beautiful area and share information about its fine natural and historical features. All prospective and actual visitors of this site are referred to on this site as ‘you’. Using this web site indicates that you accept these terms, conditions and disclaimers (henceforth referred to collectively as terms). If you do not accept these terms, please do not use this web site. All use of this site must conform to my terms of acceptable use. In case of disagreement with these terms your sole recourse is to discontinue using this site. Any failure to comply with these terms indemnifies me against any related complaint, grievance or suit to the maximum extent permissible by English law, this doesn’t affect my possible liability for death or injury caused by any proven negligence on my part or for damages related to fraud. This web site and its use is subject to and governed by the applicable laws of England and Wales, is informational only and is provided by me, for your optional, free use, on an as-is basis with no warranties attached of any sort, express or implied. You use it entirely at your own risk. I make no representations, endorsements or warranties of any kind with respect to the site, its contents or any other site linked to this web site. Neither the website manager nor Westmorland Fells Group will be liable for any damages whatsoever arising from or in connection with the use of this site, including and without limitation, damages for loss of use, data or profits, from delay or inability to use the site, the provision of or failure to provide services from the site, or for any information, products, services, media and graphics obtained through the site or any site linked to this one. In any case of any perceived grievance, complaint or suit, your first recourse should be to cease using the site and to contact the webmaster requesting a perceived course of remedial action. Regardless of the circumstances, any legal case brought in relation to this site can only be conducted within the provisions of the laws of England and Wales, and under the jurisdiction of English Courts. In the case of any perceived grievance I insist that you contact me for remedy in the first instance prior to any legal action. This document (together with my Privacy Policy) define the terms of use on which you may make use of my website and its associated blog as any form of user. These terms and conditions and policies are reasonable and non- negotiable and apply to all visitors and users of our sites. Please read these terms of use carefully before you start to use the sites or any documents or media available for download from them because they are legally binding upon you. These terms and conditions may change over time and users are expected to check this page periodically to be aware of any changes because of their legally binding nature. The last updated date at top left should indicate whether or not these terms have been revised since you last visited. By using my site, you indicate that you accept these terms of use, my acceptable user policy and privacy policy and that you agree to abide by them. Users must comply with the spirit of these terms and conditions of use as well as the letter. If you do not agree to these terms and conditions of use, please refrain from using my sites and any of the links or documents accessible from them. Thank you. DATA CONTROLLER For legal purposes the data controller for this site is Mr. Charles Paxton of The Webcat. The Webcat is a website design cottage industry with one sole trader, Charles Paxton, henceforth referred to as I or me, or us or we in case of co-designed projects when referred to together with my clients as a joint administrative body. Communications about the sites should be made to me in the first instance by email to contact@thewebcat.biz or by post to Mr. C. A. Paxton, 515 Washington Street, Louisiana, 71292 USA Mail to 1209 West Port Union Road, Louisiana, USA will continue to be received. In the case of any perceived grievance related to this website or its contents we ask you to contact me first before resorting to legal action. INFORMATION ABOUT WESTMORLAND FELLS GROUP. We are a group that broadly support the inclusion of the area known as Westmorland Fells in Natural England’s extension plans for the National Park system. INTELLECTUAL PROPERTY RIGHTS Westmorland Fells Group is the owner or the licensor or licensee of all intellectual property rights in these sites, and in the material published on them, works by contributors are fully credited. These works are protected by global copyright laws. All such rights are reserved or managed respectively by the respective authors of the media or their employers or their agents. RELIANCE ON INFORMATION POSTED While we believe the information posted on this site and contained in its associated media is correct at the time of publication we cannot guarantee its factual accuracy, as such all commentary and other materials posted on our site are not intended to amount to advice on which total reliance should be placed. We therefore disclaim all liability and responsibility arising from any dogmatic reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of their contents by third parties. Please contact me via the email address provided if you have any questions. OUR SITES MAY CHANGE I may probably update our sites regularly, and may change the content at any time without notice. If the need arises, we may suspend access to our sites, or close them indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material within a specified period. Updates may be conducted within the best available time-frame. OUR LIABILITY The material displayed on our sites is provided without any guarantees, conditions or warranties as to its factual accuracy to the extent permitted by the laws of England and Wales. We, and third parties connected to us hereby expressly exclude: 1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, the inability to use, or even the results of the use of our sites, any websites linked to them and any materials posted on them. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under laws and statutes that are applicable . INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE We process information about visitors in accordance with our privacy policy (see PRIVACY POLICY on the right). Any use of our site constitutes consent to such processing. UPLOADING MATERIAL TO OUR SITE Whenever you make use of a feature that allows you to upload material to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our PARAMETERS OF acceptable use policy (see ACCEPTABLE USE POLICY below). You warrant that any such contribution does comply with those standards, and you will indemnify us for any breach of that warranty. Any material you upload to our sites 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 sites 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 sites. We uphold our right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy (see PARAMETERS OF ACCEPTABLE USE below ). The internet is a global medium. Our servers are based abroad and communications will pass beyond our borders and may pass through countries whose privacy and security laws are laxer than our own. Click here to view our web host’s website. 2. PARAMETERS OF ACCEPTABLE USE CHANGES TO THE TERMS AND CONDITIONS OF USE We may revise the parameters of acceptable use at any time by amending this page. You are expected to check this page from time to time to become aware of any changes we make, as they are legally binding on you. Some of the provisions contained here may also be superseded by provisions or notices published elsewhere on this site or blog. TRANSMISSION OF MALWARE, HACKING AND OTHER OFFENCES You must not misuse our sites by knowingly introducing malware such as viruses, trojans, worms, logic bombs, spyware or any other material which is in anyway underhand, malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored or any server, computer or database connected to our site, nor is it permitted to attack our sites via denial-of-service attacks, be they direct or distributed. By breaching this provision, you would contravene the Computer Misuse Act 1990 and be breaking the law. We will report any such illegal activity to the relevant law enforcement authorities and we will co-operate with them by disclosing your identity. Such activity would mean your right to use our sites would cease immediately. 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 sites or to your downloading of any material posted on them, or on any website linked to them. LINKING TO OUR SITES You may link to our sites, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, in any case it is forbidden to link in a way that suggests an association, approval or endorsement on our part that isn’t real. If in doubt, please ask permission first. You must not establish a link from any website that is not managed by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our sites other than that set out above, please address your request to contact@thewebcat.biz. LINKS FROM OUR SITES Where our sites contain 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. PROHIBITED USES Unlawful or malicious uses of this site are all prohibited. INTERACTIVE SERVICES Any submission to our Blog will be considered intended for publication unless marked ‘private’. All material submitted to this website must comply with our content standards. CONTENT STANDARDS These content standards apply to any and all material on our sites. The standards apply to every part of any contribution. 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, obscene, offensive, hateful, inflammatory or likely to promote violence, discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any copyright, database right or trade mark of any other person or body, is likely to deceive any person, breaches any legal duty owed to a third party be it contractual or otherwise, promote any illegal activity, be threatening, abusive or invasive of 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, nor advocate, promote nor assist any unlawful act such as (but not limited to) copyright infringement or computer misuse. We reserve the editorial right not publish material submitted, and are under no obligation to respond to communications that are off topic, frivolous or considered to be spam. SUSPENSION AND TERMINATION Any breach of these terms will result in the automatic withdrawal of your right to use our sites. We exclude liability to the maximum extent allowable by law, for actions taken in response to breaches of these parameters of acceptable use. In response to such a breach we may take any other action that we consider appropriate. Also please read my privacy policy