Introduction

These terms and conditions apply between you, the User of the Fovea Online Community, and Gary Borland Limited trading as Fovea, the owner and operator of the Fovea Online Community (hereafter called ‘The Community’). Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon acceptance of these Terms and Conditions at sign up. If you do not agree to be bound by these terms and conditions, you should stop using The Community immediately.

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In these terms and conditions, User or Users means any third party that accesses The Community and is not either (i) employed by Gary Borland Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Gary Borland Limited and accessing The Community in connection with the provision of such services.

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You must be at least 18 years of age to use The Community. By signing up and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

 

Intellectual property and acceptable use

1.   All Content included in The Community, unless uploaded by Users, is the property of Gary Borland Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of The Community, including any such content uploaded by Users. By continuing to use The Community you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

2.   You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen, tablet, phone or other digital display.

3.   You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Gary Borland Limited. 

4.   You acknowledge that you are responsible for any Content you may submit via The Community, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through The Community any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam". You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto The Community.

5.   You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Gary Borland Limited for all claims resulting from Content you supply.

Prohibited use

6.   You may not use The Community for any of the following purposes:

a.   in any way which causes, or may cause, damage to The Community or interferes with any other person's use or enjoyment of The Community;

b.   in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c.   making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

7.   You must ensure that the details provided by you on registration or at any time are correct and complete.

8.   You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

9.   We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

10.  You may cancel your registration at any time by informing us by e-mail to the address at the end of these terms and conditions. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

11.   When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

12.   If we have reason to believe that there is or is likely to be any misuse of The Community or breach of security, we may require you to change your password or suspend your account.

Links to other websites

13.   This Website and The Community may contain links to other sites. Unless expressly stated, these sites are not under the control of Gary Borland Limited or that of our affiliates.

14.   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.

15.   The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

16.   The Community is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following. View the Privacy Policy

Availability of the Website and disclaimers

17.   Any online facilities, tools, services or information that Gary Borland Limited makes available through The Community (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.  

18.   Whilst Gary Borland Limited uses reasonable endeavours to ensure that The Community is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

19.   Gary Borland Limited accepts no liability for any disruption or non-availability of The Community.

20.   Gary Borland Limited reserves the right to alter, suspend or discontinue any part (or the whole of) The Community including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of The Community unless it is expressly stated otherwise.

Limitation of liability

21.   Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

22.   To the extent that Content is provided free of charge, we will not be liable to you for any loss or damage of any kind.

23.   We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

24.   To the maximum extent permitted by law, Gary Borland Limited accepts no liability for any of the following:

a.   any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b.   loss or corruption of any data, database or software;

c.   any special, indirect or consequential loss or damage.

General

25.   You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

26.   These terms and conditions may be varied by us from time to time. Such revised terms will apply to The Community from the date of publication.

27.   These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

28.   The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

29.   If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

30.   Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

31.   This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 Gary Borland Limited details

32.   Gary Borland Limited is a company incorporated in England and Wales with registered number 10323961 whose registered address is 4 Latimer Street, Romsey, Hampshire, SO51 8DG and it operates the Website www.fovea.community and utilises the Community Platform www.circle.so.  The registered VAT number is 329 1082 14. 

You can contact Gary Borland Limited by email on info@fovea.community.

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