Please read these Terms of Use (as defined below) carefully. Your access to, and use of, the website of European Regions of Culture Campaign ("EROCC") with all URLs being http://www.cornwallculture.co.uk or derivations thereof (the "Site") is provided by and is subject to the terms and conditions set out herein and in our Privacy Policy ("Terms of Use") and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and EROCC are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, then please exit the Site. By continuing to use the Site you are deemed to accept the Terms of Use (as amended from time to time). We may change the Terms of Use at any time at our sole discretion and your continued use of the Site after any such changes are made, will indicate your agreement to those varied terms. For the purposes of the Terms of Use "we", "our" and "us" refers to EROCC and any reference to "you" or "your" means you, the user.
The Site and all of its contents including, but not limited to, the text, Site (as well as the organisation and layout of the Site), design, logos, graphics, icons and images (the "Content") are owned and copyrighted by EROCC or others (including our licensors) with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors. Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of EROCC and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any Rights of EROCC or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of EROCC is strictly prohibited. You are also advised that EROCC will enforce their intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.
The author(s) of the Works shall retain all copyright and other intellectual property rights in relation to the Works.
When submitting content to EROCC for inclusion on the site, the contributor provides EROCC the right to convert all content into a suitable digital format for reproduction on the web, and make it available on a free to view basis.
Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant EROCC a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution, worldwide, via the web.
Where EROCC wishes to incorporate your contribution in any media now known or later developed, you, the contributor, will be contacted in accordance with privacy restrictions set out in the Site's Privacy Policy.
Furthermore, by submitting your contribution to the Site, you warrant that your contribution:
If you do not want to grant to EROCC the rights set out above, please do not submit your contribution to the Site.
EROCC hereby grants you permission to use the Site as follows:
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by EROCC in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary and EROCC can use them as it wishes. If on registration to any of our services on the Site (or on amendment of your registration details) you provide EROCC with an email address that will result in any emails EROCC may send you being sent to you via a computer network operated by or on behalf of your employer or educational establishment (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that EROCC may stop sending any emails to such address without notifying you, even if you have subscribed to receive them or any other service, if we receive a request from your employer or educational establishment (or otherwise) to stop sending emails to that address.
EROCC reserves the right in its sole discretion to deny you access to this Site or any portion of it without prior notice.
The Content on this Site may include inaccuracies or typographical errors. Changes may be made periodically to this Site at any time and without notice. However, EROCC makes no commitment to regularly update the information contained in this Site. Furthermore, EROCC does not guarantee that this Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software. Information, advice and opinions expressed in this Site should not be relied upon for personal, legal, financial or other decisions. You should consult an appropriate professional for specific advice tailored to your situation. ALL CONTENT (INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO CORNWALL ARTS MARKETING LIMITED, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES)) IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "IS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE OF ANY KIND (WHETHER EXPRESSED OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, EROCC neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.
YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CORNWALL ARTS MARKETING LIMITED EXCLUDES ITS LIABILITY AND THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM E-MAILS SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THE TERMS IS INTENDED TO LIMIT OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY). NOTHING IN THESE TERMS OF USE EXCLUDE OR LIMIT CORNWALL ARTS MARKETING LIMITED'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR FRAUD; OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
You agree to indemnify European Regions of Culture Campaign against any claims, demands or proceedings brought against European Regions of Culture Campaign by any third parties if they are a result of your use of this Site or your other actions or omissions or where European Regions of Culture Campaign suffers any loss or damage as a result of your breach of these Terms of Use. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay European Regions of Culture Campaign all costs, damages and expenses (including reasonable legal fees) awarded against European Regions of Culture Campaign or otherwise incurred by European Regions of Culture Campaign, arising from any claims, or legal proceedings.
The Site may contain links to websites owned or operated by parties other than EROCC . Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. EROCC has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, EROCC specifically disclaims any responsibility if such websites:
Neither does EROCC endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Neither is it associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without the permission of EROCC.
ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR YOU DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE. If you provide hyperlinks to this Site, you agree that you:
EROCC expressly reserves the right to revoke the right granted in paragraph 11 for any breach of these terms and to take any further action it deems appropriate in respect of such breach.
The Rights in any software that is made available for download from the Site ("Software") belong to EROCC or its suppliers/licensors. In order to access some of the information on this Site, you may have to enter into licences with third party software providers (such as Adobe or Macromedia). Your ability to access that information may depend on whether you have entered into such licences. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. EROCC takes no responsibility for arranging any such licences. Do not install or use any Software unless you agree to such licence agreement. Where you download software from this Site you do so at your own risk.
EROCC may give you the option to subscribe to different free of charge services through this Site (such as our Newsletter service). Your use of the content received through any such service will be subject to these Terms of Use. We will let you know if you will also be subject to any additional terms and conditions. These Terms of Use only apply to your access to and use of this Site. If you use one of the links on this Site to visit a third party website such as our business partner websites), then condition 10 of these Terms of Use will apply and your viewing of such websites and any purchases or orders made through them will be subject to separate terms and conditions to be entered into between you and the third party.
EROCC may at any time, and without notice, revise these Terms of Use by updating this posting online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. These terms cannot be altered by you unless it is agreed in writing by EROCC .
These Terms of Use refer only to your viewing of this Site. As mentioned above, separate terms and conditions apply to prize draws, competitions and promotions which we may run from time to time as well as to products and services sold through this Site. If there is a conflict between the Terms of Use and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence; or (ii) form part of a separate agreement between EROCC and you, those other terms will take priority. Nothing in the Content within the Site or materials accessed via the Site, other than the Terms of Use, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are 'subject to availability'. If EROCC decides to waive any breach of obligation arising under these Terms of Use, then that does not mean that EROCC have waived any other breach or any future breaches. All rights and remedies under these Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement. If any part of the Terms of Use are determined to be valid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or enforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this Site and these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of this Site. These terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them. These Terms of Use and your use of the Site are governed by the laws of England and Wales , without regard to its choice of law provisions. The courts of general jurisdiction located within England, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
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