Terms and conditions of use
USE OF RESOURCES
TERMS AND CONDITIONS AND DISCLAIMER
Last updated: 20 June 2018
- All documents and other resources in this section (“resources”) have been created as general resources in good faith for use by paid-up members of the Global Firewalking Association (“Association”) with the intention of assisting them with their events.
- By downloading or copying any of the resources you accept and agree to our terms and conditions set out below. If you disagree with these terms and conditions or any part of them, you must not use the resources.
- All copyright and other intellectual property rights in the resources belong to the Association and are reserved, subject to paragraphs 4 and 5.
- Unless you have paid the Association for the right to use any of the resources without the included copyright credit contained in the footer of each of the resources, you must retain the credit in the resources.
- Subject to paragraphs 4 and 6, members may:
5.1 download and print any of the resources for their own personal use
5.2 edit and amend the resources to render them suitable for their purposes.
- Under no circumstances may any member sell, share, copy, reproduce, distribute, re-publish or disseminate (or allow to be sold, shared, copied, reproduced, distributed, re-published or disseminated) or otherwise exploit any of the resources or derivatives of the resources to, or for use by, any other person who is not a paid-up member of the Association.
- The resources are for general information purposes only and the Association assumes no responsibility for errors or omissions in the contents of the resources. By using the resources you acknowledge that we do not provide any legal or other advice to you relating to the resources, and consequently it would be unreasonable to hold us liable in respect of your use of the resources.
- Most of the resources relate to the laws of England, but you must not assume that any particular resource relates to any particular jurisdiction. Law and practice changes constantly and the resources are always liable to become out of date. The Association does not undertake to keep the resources up to date.
- You must not rely on the resources and the Association recommends that members seek professional legal advice before using the resources. It is the responsibility of each member who chooses to use the resources to satisfy themselves that the resources are suitable for their requirements and compliant with all laws and regulations in their particular jurisdiction. By using any of the resources all members acknowledge that they take responsibility for ensuring compliance and suitability and that they use the resources at their own risk.
- To the maximum extent permitted by applicable law, the Association gives no warranties, representations or guarantees concerning the resources, their content, comprehensiveness, accuracy or their use (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable skill and care). Nor does the Association commit to ensure that the resources remain available.
- The Association reserves the right to make additions, deletions or modifications to the resources at any time without prior notice.
- In no event shall the Association be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever arising out of or in connection with the use of the resources or the content of the resources, whether arising in an action of contract, negligence or other tort, statutory duty or otherwise.
- Nothing in these terms and conditions limits or excludes the liability of the Association in any way that is not permitted under applicable law. Subject to this, the limitations and exclusions of liability set out below govern all liabilities arising under these terms and conditions and/or the resources. We will not be liable to members in respect of any:
12.1 losses arising out of any event or events beyond our reasonable control
12.2 business losses
12.2 loss of or damage to profits, income, revenue, or anticipated savings
12.3 loss of use or production
12.4 loss of management time or office time
12.5 loss of business, contracts, commercial opportunities or goodwill
12.6 loss or corruption or any data, database or software
12.7 special, indirect or consequential loss or damage
12.8 losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.
- You agree to indemnify the Association and undertake to keep the Association indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by the Association arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- Without prejudice to the Association’s other rights, if you breach these terms and conditions in any way, or if it is reasonably suspected that you have breached these terms and conditions in any way, the Association may:
14.1 send you one or more formal warnings;
14.2 temporarily suspend your access to the resources and/or the website;
14.3 permanently prohibit you from accessing the resources and/or the website;
14.4 block computers using your IP address from accessing the website;
14.5 contact your internet services provider and request that they block your access to the website;
14.6 bring court proceedings against you for breach of contract or otherwise
Where we suspend or prohibit or block your access to the Association’s website or a part of the website, you must not take any action to circumvent such suspension or prohibition or blocking (including, without limitation, creating and/or using a different account).
15. Membership and any associated membeship fees may be cancelled at anytime. Any and all membership fees paid are final and non-refundable.
16. We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the resources from the date of the publication of the revised terms and conditions on the website.
17. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. These terms and conditions are for the benefit of the Association and its members, and are not intended to benefit any third party or be enforceable by any third party. The exercise of rights in relation to these terms and conditions is not subject to the consent of any third party.
20.These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.