This agreement applies as between you, the User of this website and The Selkie, the owner(s) of this website (hereinafter, ‘The Selkie’, ‘we’, ‘us’ or ‘our’). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
Definitions and interpretation
In this agreement the following terms shall have the following meanings:
‘Content’ means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
‘The Selkie’ means The Selkie Publications CIC of Unit 5, 241a Selbourne Road, Luton, LU4 8NP, United Kingdom (place of business address: Enterprise Hub, 11 Crichton Street, Newington, Edinburgh, EH8 9LE);
‘Service’ means collectively any online facilities, tools, services or information that The Selkie makes available through the website either now or in the future;
‘System’ means any online communications infrastructure that The Selkie makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
‘User’ / ‘Users’ means any third party that accesses the website and is not employed by The Selkie and acting in the course of their employment; and
‘Website’ means the website that you are currently using (www.theselkie.co.uk).
Intellectual property
All content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Selkie, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by The Selkie.
Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
As a user of the website, you agree not to:
a. systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
b. make any unauthorised use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
c. use the website to advertise or offer to sell goods and services;
d. circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein;
e. engage in unauthorised framing of or linking to the website;
f. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
g. make improper use of our support services or submit false reports of abuse or misconduct;
h. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
i. interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website;
j. attempt to impersonate another user or person or use the username of another user;
k. sell or otherwise transfer your profile;
l. use any information obtained from the website in order to harass, abuse, or harm another person;
m. use the website as part of any effort to compete with us or otherwise use the website and/or the content for any revenue-generating endeavour or commercial enterprise;
n. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
o. attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;
p. harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the website to you;
q. delete the copyright or other proprietary rights notice from any content;
r. copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
s. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website;
t. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’). l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorised script or other software;
u. disparage, tarnish, or otherwise harm, in our opinion, us and/or the website;
v. use the website in a manner inconsistent with any applicable laws or regulations.
User generated contributions
The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’).
Contributions may be viewable by other users of the website and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that:
a. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the website, and other users of the website to use your contributions in any manner contemplated by the website and these Terms and Conditions;
c. you have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the website and these Terms and Conditions;
d. your contributions are not false, inaccurate, or misleading;
e. your contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f. your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
g. your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
h. your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
i. your contributions do not violate any applicable law, regulation, or rule;
j. your contributions do not violate the privacy or publicity rights of any third party;
k. your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
l. your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m. your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
n. your contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the website.
Contribution license
By posting your contributions to any part of the website or making contributions accessible to us, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the website.
You are solely responsible for your contributions to the website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any contributions; (2) to re-categorise any contributions to place them in more appropriate locations on the website; and (3) to pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
Please note: We may at our sole discretion publish anthologies, if and when we desire such publication to be produced and released, a separate agreement is required and additional Terms and Conditions may apply.
Submissions, comments
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (‘Submissions’) provided by you to us are non-confidential and shall remain your sole property. We shall own exclusive rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
Website management
We reserve the right, but not the obligation, to:
a. monitor the website for violations of these Terms and Conditions;
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
d. in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
e. otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
Links to other websites
This website may contain links to other websites. Unless expressly stated, these websites are not under the control of The Selkie or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this website does not imply any endorsement of the websites themselves or of those in control of them.
User subscriptions and membership fees
Subject to your paying any fees due, and subject to you complying with these terms, we authorise you to obtain the benefit of the service in accordance with the account type chosen by you for the term.
As part of the subscription process, you will need to register for an account. You will then be required to sign in using the account details associated with your subscription.
Donations
The donor turns their donation over to The Selkie, which first adds it to its assets and then allocates it to the development of its services. The purpose of the donation is fulfilled by The Selkie by using the funds received within the framework of The Selkie’s own purposes to develop The Selkie services provided.
Payment
You agree to pay the subscription price for the subscription. You must provide us with complete and accurate payment information at the time you subscribe. Payment for your subscription can be made by direct debit, credit or debit card.
We reserve the right to withdraw or change any subscription and/or price at any time. This will not affect any subscription that you have already paid for or for some reason we are withdrawing a subscription due to our inability to fulfil that subscription.
If we change the subscription price we will inform you of this with at least 30 days’ notice so that you can choose whether or not to cancel your payment. You will continue to receive content as part of your digital subscription until you cancel your credit/debit card payments or your direct debit (as applicable).
Cancellation and refunds
You have the legal right to cancel your contract for a digital subscription within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.
You expressly agree that we may begin supply of the content as part of your subscription before the end of the 14-day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you access our content because, at that point, we will have begun the supply of the content to you as part of the subscription.
To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract we will reimburse to you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
Events payments and refunds
If you decide to participate in one of our online or in-person events, you are required to book your ticket in advance and pay the at the particular event page specified price. Please note that you are entitled to a full refund only when you cancel your booking with at least 48 hours prior to the event’s starting time. Further, we also can’t refund once the event has started or after the event has ended.
Links to this website
Those wishing to place a link to this website on other sites may do so only to the home page of the site www.theselkie.co.uk without prior permission.
Privacy
For the purposes of applicable data protection legislation, The Selkie will process any personal data you have provided to it in accordance Privacy Policy available on the The Selkie website or on request from The Selkie.
You agree that, if you have provided The Selkie with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to The Selkie and (2) that you have brought to the attention of any such third party the Privacy Notice available on The Selkie’s website or otherwise provided a copy of it to the third party. You agree to indemnify The Selkie in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
The Selkie makes no warranty or representation that the websire will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service.
No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
Availability of the website
The Service is provided ‘as is’ and on an ‘as available’ basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Selkie accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of liability
To the maximum extent permitted by law, The Selkie accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its content at their own risk.
Nothing in these Terms and Conditions excludes or restricts The Selkie’s liability for death or personal injury resulting from any negligence or fraud on the part of The Selkie.
Every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our premises (see address above) or by email to contact [at] theselkie.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and jurisdiction
These Terms and Conditions and the relationship between you and The Selkie shall be governed by and construed in accordance with the Law of England and Wales and The Selkie and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.