TERMS AND CONDITIONS OF USE
1. Eileen Caisley owns and operates the https://secure.standfastdata.co.uk pedigree data web site (the "WEBSITE"). The WEBSITE contains and provides restricted access through web pages to pedigree data, software, products, services, photographs and related materials (collectively, the "CONTENT").
2. Eileen Caisley offers you access to WEBSITE in exchange for your agreement to accept and comply with these terms, conditions, and notices stated here (the "AGREEMENT") and as may be modified by Eileen Caisley from time to time. Eileen Caisley reserves the right to modify this AGREEMENT at her sole discretion without prior notice. You agree to regularly review this AGREEMENT, the current version of which can always be found on WEBSITE on the following web page: https://secure.standfastdata.co.uk/cgi-bin/pedserve-agreement.pl.
3. You agree that Eileen Caisley may at any time and at her sole discretion terminate this AGREEMENT and/or your access to WEBSITE without cause or notice.
4. You agree that you will use WEBSITE solely for your personal and non-commercial use.
5. You agree that you will not use WEBSITE, in whole or in part, for any purpose that is unlawful and/orprohibited by this AGREEMENT.
6. You agree that you will not copy, publish, license, sell, distribute, transmit, display, perform, modify, reproduce, transfer or create derivative works from WEBSITE or CONTENT obtained from WEBSITE except as provided by this AGREEMENT.
7. You agree not to "frame" in another web page or use on another web site any CONTENT obtained from WEBSITE.
8. You agree not to engage in practices of "web harvesting", "database scraping", "screen scraping", or any kind of automated (programmed) access to WEBSITE, or any other similar activity.
9. You agree not to obtain or attempt to obtain any CONTENT through any means not intentionally made available or provided by WEBSITE or Eileen Caisley.
10. You agree that you will not attempt to gain unauthorised access to any other user's login account, or interfere in any way with any other users access to or enjoyment of WEBSITE.
11. You agree that you will not interfere with or disrupt or damage or impair or obtain unauthorised access to, or attempt to interfere with or disrupt or damage or impair or obtain unauthorised access to, the normal operation of WEBSITE and/or its associated computer systems and/or networks. For example, you will not attempt to cause a denial of service attack on WEBSITE.
LINKS TO WEBSITE
12. Except with the prior written permission of Eileen Caisley, you agree that you will not create links from any web site or web page to any web page within WEBSITE with the sole exception of the WEBSITE home page at https://secure.standfastdata.co.uk, and that any such link to WEBSITE home page will be accompanied by a prominent and unambiguous acknowledgement that the link is connected to WEBSITE home page and that WEBSITE is the property of Eileen Caisley. You agree that you will not link in any way that could give the erroneous impression that there is an association or similar between WEBSITE and/or Eileen Caisley on the one hand and you or any other person or entity on the other hand without the prior written permission of Eileen Caisley.
13. You agree that if Eileen Caisley, in her sole discretion, requests in writing or by email that you remove any link or links to WEBSITE, that you will promptly do so.
14. You agree that you will not employ any technology, such as a link to WEBSITE, that results in the placement of CONTENT from WEBSITE in a "frame" and/or "pop-up" window or any other display mechanism that changes WEBSITE from how it is intended to appear.
LINKS TO EXTERNAL (THIRD PARTY) WEB SITES
16. You agree that any dealings with third parties such as advertisers included within WEBSITE, or participation and promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties and/or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that neither Eileen Caisley nor her suppliers are responsible or liable for any part of such dealings or promotions.
PERSONAL INFORMATION, PRIVACY AND REGISTRATION
17. Use of WEBSITE requires you to complete a registration process by providing current, complete and accurate information as required. As part of this registration process you will choose a login name and password. You agree that you are entirely and solely responsible for maintaining the confidentiality of your login name, password and personal information. You agree that you are entirely and solely responsible for any and all activities that occur under your login name. You agree to notify Eileen Caisley immediately of any breach of security or any unauthorised use of your login account of which you are aware. You agree that neither Eileen Caisley nor any of her suppliers will be liable for any loss that you may incur as a result of someone else using your login name and/or password, either with or without your knowledge. However, you could be held liable for losses incurred by Eileen Caisley or another party due to someone else using your login name and/or password. You agree that you will not use or attempt to use anyone else's login account at any time without the prior written agreement of Eileen Caisley.
18. The personal information that is collected by WEBSITE includes your name, address, email address, and possibly other information. Sensitive personal information will not be collected without your explicit prior consent. Eileen Caisley and/or her suppliers will only use your personal information lawfully andin accordance with the UK Data Protection Act 1998 and the UK Privacy and Electronic Communications Regulations 2003. The personal information you supply will be held securely. Neither Eileen Caisley nor her suppliers will supply any information about you to any third party except as required by applicable law or legal process. If Eileen Caisley and/or her suppliers intend to transfer your information outside the EEA (European Economic Area) Eileen Caisley will always obtain your consent first.
19. Eileen Caisley does not warrant that WEBSITE will operate error-free or that WEBSITE and its server are free of computer viruses and other harmful goods. If your use of WEBSITE or CONTENT obtained from it results in the need for servicing or replacing equipment or data, neither Eileen Caisley nor any of her suppliers are responsible for those costs.
20. Neither Eileen Caisley nor any of her suppliers make any representations about the suitability, reliability, availability, timeliness, and/or accuracy of the CONTENT contained on WEBSITE for any purpose. Access to WEBSITE and CONTENT provided on it are supplied on an "as is" basis without any warranties of any kind. Eileen Caisley and her suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for a particular purpose. Eileen Caisley and her suppliers make no warranties about the accuracy, reliability, completeness, lack of viruses or other harmful components, or timeliness of the CONTENT and links contained on WEBSITE.
21. Neither Eileen Caisley nor any of her suppliers control, or can control, the flow of data to or from internet service providers, telecommunications providers and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by such third parties may produce situations in which your connections to the internet (or portions thereof) may be impaired or disrupted and Eileen Caisley and/or her suppliers cannot guarantee that such events will not occur. Accordingly, Eileen Caisley and her suppliers disclaim any and all liability resulting from or related to such events. Neither Eileen Caisley nor any of her suppliers shall be liable to you or any other third party for any claims or damages that you may suffer or that may be suffered by any such third party including, without limitation, any and all losses or damages of any and every nature, resulting from the loss of data, inability to access the internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by the fault or negligence of Eileen Caisley and/or her suppliers. Neither Eileen Caisley nor any of her suppliers shall be responsible for WEBSITE not being accessible on the internet due to circumstances not in the direct control of Eileen Caisley and/or her suppliers such as, without limitation, your equipment capabilities or limitations or internet service provider limitations. Neither Eileen Caisley nor any of her suppliers shall have any responsibility or liability for unauthorised dissemination of any personal data, whether as a result of defeat of data security, misappropriation or misuse of passwords, or any other cause not in the direct control of Eileen Caisley and/or her suppliers.
22. You specifically agree that neither Eileen Caisley nor any of her suppliers shall be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through WEBSITE. You specifically agree that neither Eileen Caisley nor any of her suppliers are responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither Eileen Caisley nor any of her suppliers are responsible for any content sent using and/or included in WEBSITE by any third party.
23. In no event shall Eileen Caisley and/or her suppliers, or any third parties mentioned on WEBSITE be liable for any damages whatsoever (including, without limitation, incidental, special, punitive, and consequential damages, lost profits, or damages resulting from lost data or business interruption) or other economic loss resulting from the use or inability to use WEBSITE and/or CONTENT, whether based on warranty, contract, tort, or any other legal theory, and whether or not Eileen Caisley and/or her suppliers have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of WEBSITE or CONTENT, or with any part of this AGREEMENT, your sole and exclusive remedy is to discontinue using WEBSITE.
24. You agree to indemnify and hold harmless Eileen Caisley and her suppliers and employees from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with, or directly relate to your use of WEBSITE or any violation of this AGREEMENT.
25. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this AGREEMENT except with prior written permission from Eileen Caisley.
26. You agree that Eileen Caisley may, at any time, with or without notice, transfer her rights under this AGREEMENT either in whole or in part.
NO AGENCY, PARTNERSHIP OR EMPLOYMENT
27. You and Eileen Caisley are independent parties, and no agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship or any other type of business or commercial relationship is intended or created by this AGREEMENT or your use of WEBSITE.
28. If any part of this AGREEMENT is determined to be illegal, invalid or unenforceable pursuant to applicable present or future law, then the illegal, invalid or unenforceable provision will be deemed superseded by an alternative legal, valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this AGREEMENT shall survive, remain in full force and effect and continue to be binding and enforceable. If no such alternative legal, valid and enforceable provision exists under applicable present or future law, then to the extent and within the jurisdiction which that part of this AGREEMENT is illegal, invalid or unenforceable, it shall be severed and deleted from this AGREEMENT and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
29. This AGREEMENT contains the sole and entire agreement between you and Eileen Caisley and supersedes any and all other prior agreements, contracts, contemporaneous communications and proposals, whether electronic, oral or written, between you and Eileen Caisley with respect to WEBSITE.
30. This AGREEMENT is governed by the laws of England and Wales. You hereby submit to the exclusive jurisdiction and venue of the courts of England.
COPYRIGHT, DATABASE RIGHT, TRADEMARK AND PATENT NOTICES
31. All CONTENT of WEBSITE is the property of Eileen Caisley and/or her suppliers and is protected by intellectual property rights including copyright and/or database rights. All rights reserved.
32. You may only use the CONTENT provided by WEBSITE in accordance with the terms and conditions of this AGREEMENT. In particular, the pedigree database(s) may not be copied, redistributed, transferred, published or reproduced in any way either in whole or in part. This includes but is not limited to copying any part of or all of the pedigree database(s) to any other server or computer on the internet or other data communications network. If you violate these terms you will be prosecuted to the maximum extent possible in law, which may result in severe civil and/or criminal penalties.
33. Eileen Caisley and/or her suppliers may have patents, patent applications, trademarks, copyrights, database rights or other intellectual property rights covering the CONTENT of WEBSITE. Except as expressly provided in this AGREEMENT, the provision of WEBSITE services to you do not give you any license to such patents, trademarks, copyrights, database rights or other intellectual property. Any rights not expressly granted herein are reserved.
34. Trademarks referenced on WEBSITE and in this AGREEMENT are either trademarks or registered trademarks of Eileen Caisley or her suppliers/vendors or partners.
If you have any questions about this AGREEMENT or WEBSITE please contact Eileen Caisley here: https://secure.standfastdata.co.uk/cgi-bin/pedserve-contact.pl.