Terms of Use

The term “enviro-mentalist.org.uk”, “Enviro-Mentalist”, “Clare Topping” or “I” refers to the owner of the website.

The term “third party” refers to those other than the owner of enviro-mentalist.org.uk.

The term “you” refers to the user or viewer of my website.

The following terms and conditions govern all use of the enviro-mentalist.org.uk website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Clare Topping’s Privacy Policy) and procedures that may be published from time to time on this Site by Clare Topping (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Clare Topping, acceptance is expressly limited to these terms:

1. Responsibility of Contributors.

   If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Clare Topping or otherwise.

   By submitting Content to Clare Topping for inclusion on the Website, you grant Clare Topping a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, I will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, I have the right (though not the obligation) to, in my sole discretion (i) refuse or remove any content that, in Clare Topping’s reasonable opinion, violates any of Clare Topping’s policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Clare Topping’s sole discretion.

2. Responsibility of Website Visitors.

   I have not necessarily reviewed all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, I do not represent or imply that I endorse the material there posted, or that I believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. I disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

   I have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which enviro-mentalist.org.uk links, and that link to enviro-mentalist.org.uk. I do not have any control over third party websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, Clare Topping does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Clare Topping disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

4. Copyright Infringement.

   As I ask others to respect my intellectual property rights, I respect the intellectual property rights of others. If you believe that material located on or linked to by enviro-mentalist.org.uk violates your copyright, you are encouraged to notify Clare Topping. I will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Clare Topping or others, I may, at my discretion, terminate or deny access to and use of the Website.

5. Intellectual Property.

   This Agreement does not transfer from Clare Topping to you any Clare Topping or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Clare Topping.

6. Changes.

   I reserve the right, at my sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. I may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination.

   Clare Topping may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

   The Website is provided “as is”. Clare Topping and her suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Clare Topping nor her suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability.

   In no event will Clare Topping, or her suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data. Clare Topping shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

    You represent and warrant that (i) your use of the Website will be in strict accordance with Enviro-Mentalist Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification.

    You agree to indemnify and hold harmless Clare Topping, her contractors, and her licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

12. Miscellaneous.

    This Agreement constitutes the entire agreement between Clare Topping and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Clare Topping, or by the posting by Clare Topping of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom (UK), excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the United Kingdom. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Clare Topping may assign her rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Thanks to the people at WordPress.com for allowing me to use their Terms and Conditions as a template under the Creative Commons Sharealike license.