Terms and Disclaimer
Access to and use of 'www.visitmonmouthshire.com' and 'visitwyevalley.com' - the "Site" is provided by the Monmouthshire County Council (the "Council", "MCC") subject to the following terms:
1. By using the Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site.
Exclusions and Limitations
5. The Council does not represent or warrant that access to the Site, or any part of it will be uninterrupted, reliable or fault free.
6. The Council does not represent or warrant to you that the Site or any of its contents will be accurate, complete or that the Site or the server that makes it available are free of viruses or bugs.
7. The Council does not represent or warrant that any services (whether or not provided by the Council) will be provided with due care and skill.
8. To the extent permitted by law, the Council excludes all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which the Council may otherwise have to you as a result of:
a. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or any information on the Site;
b. the unavailability of the Site (or any part of it), goods or services;
c. any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services; or
d. any misrepresentation on or relating to the Site, the goods or the services (other than a fraudulent misrepresentation made by the Council or on its behalf).
9. The Council is providing the Site on an 'as is' basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. In addition the Council makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the Site. The information contained in the Site may contain technical inaccuracies or typographical errors. All liability of the Council howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10. Neither the Council nor any of its employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of business; loss of opportunity; loss of goodwill or injury to reputation and claims of third parties.
11. None of the above exclusions shall affect any statutory rights, which are not capable of being excluded. However in such case the Council's obligation, where permitted by law, will be limited to the re-supply of the Site, good or service to you.
Links to other sites
13. Certain links, including hypertext links, in the Site will take you outside the Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by the Council of the linked site, its operator or its content.
Use of the Site
15. You agree that you will use the Site for your own personal purposes and that you shall not exploit the Site or any of its contents for any commercial purpose. Any other use of materials on the Site (including reproduction for purposes other than for own personal use) and alteration, modification, distribution, or republication without the Council's prior written permission is strictly prohibited.
Information you provide
17. Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) by submitting your contribution (whether to a chat room, bulletin board (forum) or otherwise), you grant the Council a perpetual, royalty-free, irrevocable license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or email and / or to incorporate such content in other works in any form, media technology now and developed.
18. You acknowledge and agree that such material is not contributed subject to any obligation of confidence. If you do not want to grant to the Council the rights set out above, please do not submit your contribution to the Site.
19. You agree that you will not use any chat area or any part of the Site to:
a. Upload, post or email any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
d. 'stalk' or otherwise harass another;
e. collect or store personal data about other users;
f. upload, post or email any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
g. upload post or email any content that infringes any intellectual property rights of any party;
h. upload, post or email any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
i. upload, post or email any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
j. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the chat areas are able to type or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
k. violate any applicable national or international laws or regulations.
20. You agree to indemnify the Council against all legal fees, damages and other expenses that may be incurred by the Council as a result of your breach of this warranty. You also waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
The use of your information
23. If there is any conflict between these terms and specific terms appearing elsewhere on the Site then the latter shall prevail.