What information are you collecting and how are you collecting it?
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s unique address, or IP (Internet Protocol) Address. When a visitor requests a page from the NBTA web site, our Web server automatically recognises that visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We use this information to examine our traffic in aggregate. We do not collect and evaluate this information for specific individuals. Our Web server does not automatically record e-mail addresses of the visitors.
What information do you collect when I register for something?
If you request information by e-mail you will be giving us your e-mail address as a minimum. You will also need to provide your name, full postal address and telephone number, however, these are optional. We use this information to identify and authenticate you. We may from time to time send e-mail making announcements. Any such mailing will come with an ‘opt out’ option – so if you don’t want to receive news and updates, we will remove you from the list.
We maintain a strict “No-Spam” policy that means that we do not sell, rent, or otherwise give your e-mail address to any third parties.
Please keep in mind that whenever you voluntarily disclose personal information online – for example through e-mail, discussion lists, or elsewhere – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you’re online.
General Terms and Conditions of Service for the National Bargee Travellers Association Website
If you do not agree to the Terms, please do not use the Site or register as a user.
1. Introduction and About Us
The Site are owned and operated by National Bargee Travellers Association whose may be reached at 30 Silver Street. Reading, Berkshire, RG1 2ST, UK (the “NBTA”).
2. Access to the Site
Access to the Site is permitted on a temporary basis and the NBTA reserves the right to withdraw the Site (in whole or in part) or amend any part of it (including but not limited to content and materials on the Site and any services made available through it). Please also see Section 5 below.
The NBTA shall not be liable if for any reason the Site is unavailable at any time or for any period.
You may only use the Site or the resources and services available through it (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Site Services”) for lawful purposes. You must not use the Site or the Site Services :-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of the Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that any persons who access the Site through your internet connection are aware of the Terms and comply with them.
3. Use of Content and linking to the Site
All content and material on the Site (but for the avoidance of doubt excluding User Generated Content) (the “Content”) belongs to NBTA, or its licensors, and save where otherwise specified or where the Content states that copyright is held by a third party users should assume that all Content is owned by the NBTA. The Content is protected by copyright laws around the world. The Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by you provided that should you do so you acknowledge that copyright is held by the NBTA. Modification of the Content or other prohibited use of the Content is a violation of NBTA’s copyright and other proprietary rights. All trademarks, service marks and trade names on the Site are proprietary to the NBTA or its licensors save that all trademarks, service marks and trade names on the Site owned by third parties remain the property of those third parties.
Your use of the Content is subject to the following restrictions :-
(i) you may redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) you may not remove any copyright or trade mark notice from the Content;
(iii) you may create a database in electronic or structured manual form by downloading and storing all or any of the Content;
(iv) you may create a link from or to the Site for non-commercial purposes.
As a user, you will be able to access material on most areas of the Site without going through the registration process. However, we may restrict access to certain areas of the Site and you may need to register with us to access such areas.
On registration, you must provide the NBTA with accurate, complete registration information and it is your responsibility to inform the NBTA of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Site with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Site or the Site Services.
The NBTA does not permit any of the following:-
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable to the NBTA for, all use of the Site made by you or anyone else using your user name and password (collectively, “ID”) and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your ID or any payment information), you must notify the NBTA immediately at our contact us page. the NBTA will not be liable to you or any third party for unauthorised use of your ID.
5. Community Forums and Posting Content to the Site
If the Site includes bulletin boards, discussion groups and other public areas that allow you to interact with other users and the NBTA (“Forums”) and to post/transmit/upload (“Post”) content to the Site (“User Generated Content”).
Where we do provide a Forum, we will provide clear information to you about its nature. The NBTA reserves the rights in its absolute discretion to cease the provision of any or all Forums without notice to you.
The NBTA may also contribute material to the Forums including but not limited to ensuring the smooth running of the Forums. The opinions of NBTA staff posted in the Forums are their own and are not necessarily endorsed by NBTA. The NBTA should not be considered by you as professional advisers and any comments made by the NBTA are not intended to amount to advice on which reliance should be placed. However the NBTA undertakes to represent to the best of its ability and to not misrepresent information it provides.
You will need to be registered as a user (unless otherwise stated) in order to Post User Generated Content. You are solely responsible for any material and information forming your User Generated Content.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older;
(ii) that you are resident in Great Britain and that you are accessing the Site in Great Britain;
(iii) that you will comply with any additional rules posted by the NBTA on a Forum;
(iv) that you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in the Terms;
(v) that the NBTA is free and able to use User Generated Content in accordance with and in the manner set out in the Terms without any payment (including any royalty payments to third parties) and that in particular the NBTA may lawfully permit other users to view the User Generated Content;
(vi) that you have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content;
and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
(viii) is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, obscene or pornographic and does not promote violence;
(xii) such User Generated Content does not solicit personal information for any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users’ personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person; and
(xix) does not give the impression that it emanates from a third party (including the NBTA) if that is not the case.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the Forum or the Forum’s topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive licence to the NBTA to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as the NBTA may in its reasonable discretion determine. Please note that you can terminate the licence granted under this paragraph by removing the User Generated Content from the Site and emailing us at our contact us page with full details of all User Generated Content that you wish to be removed. the NBTA will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless the NBTA from all claims, costs, liabilities and expenses (including legal expenses) suffered by the NBTA arising out of any User Generated Content Posted by you that is in breach of the Terms.
You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have Posted to the Site violates their intellectual property rights or any other right.
The Forums contain User Generated Content submitted by users over whom the NBTA has no control. You acknowledge that it is not possible for the NBTA to fully and effectively moderate, oversee or monitor the Forums and in particular to monitor whether any User Generated Content infringes the copyright or any other right of a third party. You agree that the NBTA is under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any User Generated Content. the NBTA does not endorse any User Generated Content which is not necessarily reflective of the views of NBTA. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forums and should not rely on User Generated Content in making (or refraining from making) any decisions. You agree that to the fullest extent permitted by law the NBTA shall not be liable to you in respect of any User Generated Content you view via this Site.
Whilst the NBTA does not control or monitor the User Generated Content posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any User Generated Content.
the NBTA reserves the right to contact you by e-mail with regard to your use of the Forums.
6. Reporting offensive/illegal content
Whilst the NBTA does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on the Site. If you have any concerns about any Content or User Generated Content that appears on the Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on the Site;
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of the Terms.
7. Suspension and termination of registration/access to Forums
The NBTA will determine in its discretion whether there has been a breach of the Terms through your use of the Site. When a breach of the Terms has occurred, the NBTA may take such action as it deems appropriate.
Failure to comply with the Terms may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use the Site (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content posted by you to the Site;
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
the NBTA may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.
9. Viruses, hacking and other offences
You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to or on the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
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 Site will cease immediately.
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 Site or to your downloading of any material Posted on it, or on any website linked to them.
We advise all parents to speak to their children regarding safety online.
11. Third Party Site – software and java security
The Site may contain links to other website provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, the NBTA will make clear such links are being made, although Third Party Site may be co-branded with the NBTA and so include NBTA’s trademarks. the NBTA is not responsible for the availability or content of Third Party Site and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Site to an authorised connected site not operated by the NBTA to download software from the Site or any other material, files, images or data, you acknowledge and agree that the NBTA has no responsibility or liability in connection therewith, and does not transfer title to you.
12. Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst the NBTA aims to update the Site regularly, any of the Content or User Generated Content may be out of date and the NBTA assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by the NBTA and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. the NBTA therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Site or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Site which are at your sole risk and responsibility.
Because of the number of sources from which the NBTA obtains Content and User Generated Content and the nature of electronic distribution via the internet, the NBTA does not give any warranties in respect of the Site or the Site Services. In particular, the Site Services are provided on an “as is” basis. To the extent allowed by applicable law, the NBTA hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, the NBTA makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that the NBTA will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Site or the Site Services or any breach of the Terms by NBTA, even if the NBTA has been advised of the possibility of such damages. Notwithstanding the provisions of this section, NBTA’s liabilities will not be limited in the case of death or personal injury directly caused by NBTA’s negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
14. Changes to the Terms
the NBTA reserves the right, at its discretion, to make changes to any part of the Site or the Terms. When the Terms are changed, the NBTA will publish details of the new Terms as updated from time to time. You are therefore advised to review the Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Site, you are agreeing now to be bound by those changes and revised terms.
15. Advertising and sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable law and regulation. The NBTA will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
The Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
17. Third Party Copyright
Some of the content used on the Site may be copyrighted works which belong to and are supplied by third parties who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of the Terms in respect of their content as if they were NBTA herein and shall be bound accordingly.
You may not assign, sub-license or otherwise transfer any of the rights under the Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under the Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
© National Bargee Travellers Association 2011