Terms and Conditions

Terms and Conditions

The Wightsails mantra says keep things simple.  So we apologise for the lengthy prose appearing below, but our lawyers have to earn money somehow.

Abiding by our principle of simplicity, all of the legal blurb below can be summarised in one plain English sentence:

By using this site you agree to behave as you would expect others to behave, you acknowledge that our content belongs to us and you accept we will not be liable for anything.

This sentence is of course subject to the myriad of provisions below.

The more expensive version

We are Wightsails Limited, company number 07163374 .  You can call us on 01983 812 713 or info@wightsails.com

This web site is offered to you, the customer by Wightsails Limited at wightsails.com and wightsails.co.uk (‘the Site’). Your use of the Site and/or your acceptance of these Site Terms & Conditions, including our Privacy and Security Statement constitutes your agreement to all such terms, conditions and statements. If you do not agree with these terms and conditions you are not authorised to use the Site and should leave the Site forthwith.

We reserve the right to amend these Site Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page for updates which shall come into effect once posted.

This Site is made available by Wightsails Ltd and its subsidiaries, affiliates, parent companies and any of their related businesses are referred to in these Site Terms & Conditions as ‘Wightsails’, ‘we’, ‘us’ or ‘our’.

Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Site Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property

We are the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Site Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Site Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

Copying

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Your conduct

You shall not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Wightsails, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.

You shall not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity or to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’, or to cause annoyance, inconvenience or needless anxiety.

You shall not do any of the following:

  1. Use the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;
  2. Use the services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
  3. Use the services to harm, or attempt to harm, minors in any way;
  4. Use the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
  5. Use the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;
  6. Use the services to create, host or transmit unsolicited advertising material to other users;
  7. Use the services to create, host or transmit any material that harasses another; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, using the services to make fraudulent offers to sell or buy products, items or services,
  8. Add, removing or modifying identifying network header information in an effort to deceive or mislead;
  9. Use the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;
  10. Use the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
  11. Use the services for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  12. Resell, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use.

This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the interactive services that may result in the restriction, suspension or termination of your access to the Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Reviews, bulletin boards, chat rooms, communications and other content

Users of this Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant Wightsails and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wightsails and its subsidiaries and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Wightsails including the execution of deeds and documents, at the request of Wightsails.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Wightsails policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Wightsails and its subsidiaries for all claims brought by a third party against Wightsails and its subsidiaries arising out of or in connection with a breach of any of these warranties.

This Site may contain discussion groups, bulletin boards, chat rooms and other interactive services. We support the free flow of information and ideas over the Internet but do not actively monitor use of our discussion groups, bulletin boards or chat rooms. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor our discussion groups, bulletin boards, chat rooms and other interactive portions of the Site and to remove any content which, in our sole discretion, constitutes a misuse of these interactive services and may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.

The opinions expressed by reviews, in live chat rooms and/or posted on bulletin boards or on other interactive services are not necessarily ours. Any statements, advice and opinions made by such participants are those of such participants only. We neither endorse nor shall be held responsible for any such statements, advice or opinions.

Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WIGHTSAILS, ITS SUBSIDIARIES AND AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. WIGHTSAILS AND ITS SUBSIDIARIES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. WIGHTSAILS AND ITS SUBSIDIARIES SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB SITE. WIGHTSAILS, ITS SUBSIDIARIES AND AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, AND CONDITIONS, OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL WIGHTSAILS, ITS SUBSIDIARIES AND AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WIGHTSAILS, ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.

THIS SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

Privacy and Security

Your privacy is important to us and we would refer you to our Privacy and Security Statement.

Third parties

This Site may contain links to third parties operated by parties other than us. References to any products, services, processes, trade names, trademarks, or other information of third parties does not imply or constitute an endorsement, sponsorship association with or recommendation by us. Links to third party sites not operated by us are provided to you for your convenience only. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such sites.

Online Competitions

From time to time we may organize competitions. Please refer to our Competition Rules. Please note that where we have no control over competitions provided by our affiliates and third parties, these rules will not apply. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such competition available.  See our Competition Policy

Entire Agreement

These Site Terms & Conditions, including our Privacy and Security Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or 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 the Terms & Conditions shall remain in full force and effect.

Applicable Law and Jurisdiction

These Terms & Conditions, including the Privacy and Security Statement and any matter relating to this Site, shall be governed by English law.

Any rights not expressly stated herein are reserved.

Last updated 2 March 2010