http://www.horticulturewales.co.uk (the “Website”) is a site operated by Horticulture Wales, a project of Glyndwr University (“HW“). This statement of terms and conditions of use (“Terms of Use”) tells you the terms on which you may make use of the Website whether as a guest or as a registered user interacting with other users and HW on the HW online forum (the “Forum”). By using or accessing the Website, users agree to be bound by this Terms of Use, which shall take effect immediately upon your first use of the Website. For the avoidance of doubt, the term “Website” shall include the Forum.
HW reserves the right to alter this Terms of Use from time to time. You are therefore advised to check the Terms of Use regularly as your continued use of the Website will imply that you have accepted the amended or updated Terms of Use.
1. Privacy
1.1 Your privacy is very important to HW and any information that you provide to HW is subject to HW’s Privacy Terms of Use and Disclaimer (“Privacy Terms of Use”), which can be found at [INSERT LINK]. Through your use of the Website, you are deemed to have read and accepted HW’s Privacy Terms of Use and to consent to HW’s collection and use of your information in accordance with that Privacy Terms of Use.
1.2 By submitting a contribution to the Website, you agree to clause 2 below and in particular, you accept that your contribution may be published on the Website and may be accessed or read by anyone in the world.
2. Sharing contributions on the Website
2.1 In this Terms of Use, reference to a “contribution” means any material including, but not limited to, text, images, audio or video material, that you submit to the Website via the Forum for whatever purpose.
2.2 By submitting a contribution to the Website you warrant that such contribution:
2.2.1 is your own original work and that you have the right to make it available to HW for all of the purposes specified in clause 2.3 below; and
2.2.2 does not infringe any laws.
2.3 By submitting a contribution to the Website, you agree to grant to HW a royalty-free, non-exclusive, perpetual, transferable, sub-licensable, worldwide right and licence to use the content and information in any way it wishes, including but not limited to reproducing, modifying, adapting, publishing, translating, creating derivative works from, distributing, performing and exercising worldwide all copyright and all other intellectual property rights in the information subject to our Privacy Terms of Use.
2.4 For the avoidance of doubt, the right and licence granted to HW under clause 2.3 is non-exclusive. You maintain ownership of the copyright and all other intellectual property rights in all of the content and information that you contribute to the Website in accordance with clause 2.2 and you can continue to use such content and information in any way you wish, including permitting others to use it.
2.5 You agree to waive any moral rights in your contribution for the purposes of submission and publication on the Website.
2.6 You should not submit or share any contribution to the Website if you object to granting the right and licence to HW outlined in clause 2.3.
3. Content of contributions
3.1 Any contribution that you submit to the Website must be civil and tasteful and when making a contribution, you must at all times adhere to the following:
3.1.1 Do not submit any contributions that are unlawful, abusive, obscene, discriminatory, harassing, offensive or defamatory;
3.1.2 Do not submit any contributions that risk prejudicing on-going or forthcoming court proceedings;
3.1.3 You must comply with any court injunctions at all times (for example, do not speculate as to the whereabouts of an individual after a court has issued an injunction against doing so);
3.1.4 Do not submit multiple posts of the same or very similar content in order to allow HW to publish as broad a range of contributions as possible;
3.1.5 Do not swear or use profanities that may offend other users of the Website. In particular you should remember that users of all ages read and contribute to the Website;
3.1.6 Do not publicise your personal information or that of anyone else in a contribution including addresses, places of employment, name of educational establishment, telephone numbers or e-mail addresses;
3.1.7 You are entitled to advertise and promote products or services or post web-links to the Website. If you do wish to contribute a web-link to the Website, you must register with the Forum and you can direct any queries to horticulturewales@glyndwr.ac.uk
3.1.8 You should make contributions in the English and Welsh language only. HW reserves the right to refuse publication of contributions in any other language, although common greetings and salutations in other languages may be acceptable at HW’s absolute discretion;
3.1.9 Do not impersonate anyone when making a contribution; and
3.1.10 Do not use inappropriate usernames, for example any user name that may be offensive to other users.
3.2 Failure to adhere to the terms of clause 3.1 may result in action being taken by HW in accordance with clause 7 below, which may lead to temporary or permanent closure of your account.
4. Publication of contributions
4.1 When you submit a contribution to the Website, this may not be immediately published and visible on the Website and may be subject to consideration by HW moderators prior to it being published on the Website.
4.2 HW reserves the right to refuse the publication of, or remove any contribution from the Website at its absolute discretion.
4.3 HW’s publication of a contribution on the Website and any use of the same by HW will not at any time constitute acceptance of, approval of or agreement to that contribution by HW and the provider of the contribution to HW will at all times remain liable (in accordance with the terms of this Terms of Use) for that contribution.
5. Users under the age of 16
5.1 You must seek a parent or guardian’s permission before registering with the Website.
5.2 You should not reveal any personal information about yourself or anyone else, for example details of your full name, school, telephone number or address.
6. Your account
6.1 You are only permitted to register one individual account with HW for the purpose of contributing to the Website and HW reserves the right to close multiple logins.
6.2 You must register your account using a valid e-mail address and by registering, you are deemed to consent to receiving e-mails from time to time from HW for the purposes of administering the Website.
6.3 You must not provide any false personal information to HW for the purpose of registering or create an account for anyone other than yourself.
6.4 HW reserves the right to require users to re-validate their accounts from time to time, for example if HW believes that an invalid e-mail address or another individual’s e-mail address has been used for the purpose of registration.
7. Viruses, Hacking And Other Offences
7.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it
8. Breach of this Terms of Use
8.1 In the event of a breach by you of any of the terms of this Terms of Use, HW reserves the right, at its absolute discretion and without prejudice to its other rights under this Terms of Use, to take such action as it deems appropriate to deal with such breach. Such action may include suspension or termination of your account, a prohibition from accessing any of HW’s websites, blocking any computer using your IP address from accessing any of HW’s websites, contacting your internet provider requesting that they block your access to any of HW’s websites and/or bringing legal action against you.
8.2 Where HW has suspended your account, any use of the Website during this time will constitute a further offence and will result in termination of your account.
8.3 You will indemnify HW against all claims, losses or liabilities arising as a result of a breach by you of any of the terms of this Terms of Use.
9. Disclaimer and limitation of liability
9.1 HW does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any material published or contribution submitted to the Website unless HW specifically states to the contrary.
9.2 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them HW does not offer any guarantee whatsoever as to the safety, fitness or quality of any goods or services that users promote through the Website unless HW specifically states to the contrary.
9.3 HW does not warrant that access to or use of the Website will be uninterrupted or error free, that any defects will be corrected or that the HW website or the server are free from viruses or bugs.
9.4 Users of the Website accept that by doing so, they may become exposed to contributions that may be offensive, harmful, inaccurate or otherwise inappropriate.
9.5 HW will not, to the extent permitted by law, be liable at any time for:
9.5.1 any direct or indirect or consequential losses which may be incurred by you as a result of your use of the Website, including but not limited to loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation or any loss of data suffered by you;
9.5.2 any changes made by HW to the Website, or for any temporary or permanent cessation of the Website;
9.5.3 the deletion of, corruption of, or failure to store any contributions or other communications data maintained or transmitted by your use of the Website;
9.5.4 any failure by you to provide HW with accurate information in connection with registration of your account; and
9.5.5 any failure by you to keep your account details or password secure and confidential.
9.6 Nothing in this Terms of Use shall limit or exclude HW’s liability for death or personal injury caused by its negligence or for any other liability that it is not permitted by law to limit or exclude.
9.7 The Website is provided at no cost to each user. In such circumstances, each user acknowledges and agrees that the limitations and exclusions contained in this Terms of Use are reasonable.
10. General
10.1 In the event that any of the terms of this Terms of Use are deemed to be illegal, invalid or otherwise unenforceable by reason of any law of any state or country in which this Terms of Use is intended to be effective, then to the extent and within the jurisdiction in which the term is illegal, invalid or otherwise unenforceable, it shall be severed and deleted from this Terms of Use and the remaining terms shall survive and continue to be binding and enforceable.
10.2 HW may change the content, format or appearance of the Website at any time. If the need arises, HW may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and HW is under no obligation to update such material.
10.3 Any failure or delay by HW in exercising or enforcing any right contained in this Terms of Use will not waive HW’s right to enforce that right.
10.4 The terms of this Terms of Use shall be governed and interpreted in accordance with the laws of England and Wales and any disputes shall be dealt with exclusively by the courts of England and Wales.
10.5 If you have any concerns about any of the material contained on the HW Website or any queries in connection with this Terms of Use then please contact horticulturewales@glyndwr.ac.uk