Cactusinthesea

The Cactusinthesea Collaborators (viz David Barrington (alias Cactusinthesea), and other persons declared as and when appropriate), collectively known as “Collaborators”, “Us”, or “We”, provide Cactusinthesea, alias "Site” and "Blog", including all Collaborators content provided by, for the use of and to be known herein as “Cactusinthesea”, “Website”, “Site” or “Blog” subject to the compliance with the terms and conditions below by any user who accesses the Site or Blog (“You”). PLEASE READ THIS BEFORE ACCESSING THE WESTSIDE ONE SITE OR BLOG. BY ACCESSING THE WESTSIDE ONE SITE OR BLOG YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, ENJOY OR USE THE WESTSIDE ONE SITE OR BLOG.

1. Rules. While visiting the Site or Blog, You may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site or Blog in a manner contrary to law or that would serve to restrict or inhibit any other user from using or enjoying the Site, Blog or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, external links to software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder. You may not attempt to gain unauthorised access to any portion or feature of the Site, Blog or any other systems or networks connected to the Site, Blog or to any server, or to any of the services or software offered on or through the Site, Blog, by hacking, password mining or any other illegitimate or legitimate means. You may be exposed to content that You find offensive, indecent, or objectionable or that is inaccurate, and You bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms and conditions or that is otherwise objectionable. Our Site or Blog may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over other sites, and we are not responsible for any changes to or content on them. Our inclusion on our site or Blog of any third-party content or a link to a third-party site is not an endorsement of that content or third party site. You may link to this Site or Blog without our permission.

2. Monitoring. We have no obligation to monitor the Site or Blog. However, You agree that We have the right to monitor the Site or Blog electronically from time to time, and in so doing record the number of page accesses etc and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site or Blog properly, or to protect any person or entity. We reserve the right to moderate, refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of these terms and conditions.

3. Privacy. We cannot ensure or guarantee privacy for Site or Blog users. Any use of this Web site or Blog site shall be at the sole risk of the user, and there shall be no liability in connection with your use. You are advised there is no electronic data kept or stored by Us within any database or database server that would constitute recogonition, compliance or governance within the Data Protection Act 1998.

4. Accuracy. You agree that all information You provide will be to your best knowledge accurate and complete. Any comment or information provided by You and posted in the Blog must be framed within fair and reasonable comment. Any personal statement made by You must not be defamatory.

5. Limitation of Liability. We take no responsibility for the accuracy or validity of any claims or statements contained in the Java scripts, http pages, information, documents and related graphics on the Site or Blog. Further, We make no representations about the suitability of any of the information contained in Java scripts, http pages, information, documents and related graphics on the Site or Blog for any purpose. All such information, documents, Java scripts, http pages and related graphics are provided without warranty of any kind. In no event shall We be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use of information or documentation downloaded or available from the Site or Blog.

6. Recourse. If You are dissatisfied with the Site, Blog or with any terms, conditions, rules, policies, guidelines, or practices in relation to the Site or Blog, your sole and exclusive remedy is to discontinue using the Site or Blog.

7. Confidential Information. You authorise Cactusinthesea to collect from any party and to retain all relevant information relating to your use of the Site and Blog, and You hereby authorise any party to provide Us with such information, (viz use of a third party, http webpage counter.) You understand and agree that unless You provide notice to the contrary by e-mailing Us, You further authorise Cactusinthesea to disclose, on an open or confidential basis, to any party with whom Cactusinthesea has open and legal business relations, or professional entitlements, all relevant information relating to your dealings with the Site and Us.

8. Indemnity. You agree to defend, indemnify and the Collaborators and their affiliates (including their affiliates and family members of the Collaborator) and related persons and/or entities harmless from any and all liabilities, costs and expenses, including reasonable litigation fees, related to any violation of these terms and conditions by You or others, or arising in connection with the use of the Site, Blog or the Internet, including but not limited to the placement or transmission of any message, information, Java scripts, http pages or other materials on the Site or on the Internet by You or others.

9. Intellectual Property. We do not claim any ownership in the intellectual property rights of others. All product, brand, or company and property management names not belonging to Us are the intellectual property of their respective owners.

10. DISCLAIMER. THE INFORMATION CONTAINED ON THIS WEBSITE OR BLOG IS PROVIDED 'AS IS' WITHOUT PREJUDICE OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE INFORMATION CONTAINED ON THIS SITE OR BLOG IS ASSUMED BY THE USER, AND IN NO EVENT WILL WE (INCLUDING LESSEES, THEIR AFFILIATES AND FAMILY MEMBERS OF THE WESTSIDE ONE COLLABORATORS) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE JAVA SCRIPTING, HTTP PAGES AND INFORMATION CONTAINED ON THIS SITE OR BLOG.

11. Miscellaneous. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Collaborators and You pertaining to the subject matter hereof. A failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provisions or rights. If any of the provisions contained in these terms and conditions are determined to be void, invalid or otherwise unenforceable, such determination shall not affect the remaining provisions contained herein. These terms and conditions shall be governed by and construed in accordance with the laws of the United Kindom, England & Wales with entitlement to Convention for the Protection of Human Rights and Fundamental Freedoms (European Court of Human Rights, Article 10 Freedom of expression.) Unless otherwise agreed in writing, any disputes shall be resolved through good faith negotiation; if disputes remain unresolved after negotiation, the Parties agree to utilize a simple and mutually acceptable form of alternative dispute resolution that may be conducted through telephonic or electronic means. This Agreement shall be binding upon and shall inure to the benefit of the Collaborators (including their affiliates and family members of the Collaborator), their heirs, successors, and assigns. We may change these terms and conditions from time to time. By continuing to use the Site or Blog after such change has been provided on a Java script or http page relating to Cactusinthesea for the first time, You signify your consent to the revised terms.

Published & Copyright © 2006,2007,2008 Cactusinthesea.