1. About these Terms of Use

1.1. These Terms of Use form a legally binding agreement between you and The Canopy Channel Limited, the operator of this website. Please read them carefully. They apply in their entirety to all users of this website at all times.

1.2. These Terms of Use may be modified by TCCL from time to time. Any such modified Terms of Use will apply immediately they are published on this website.

1.3. Your use of this website and any service contained within constitutes acceptance of these Terms of Use and any modifications made to them hereafter.

2. Definitions

2.1. References to “TCCL” or “we” or “us” or “our” in these Terms of Use mean The Canopy Channel Limited.

2.2. References to “Member Content” in these Terms of Use mean any material published or submitted to TCCL for publication on this website by a person who has registered as a Member in accordance with Clause 3.1. Content may include, but is not limited to, text, photographs, graphics, video and audio. For the avoidance of doubt, it does not include proprietary content owned by TCCL as specified in Clause 9.1.

3. Membership and Registration Information

3.1. In order to access certain features of this website, including the ability to publish Member Content on it, you are required to register as a Member. You represent and warrant that the registration information you provide and any subsequent changes you make to the information is or will be true and accurate.

3.2. You must be over 15 years of age to register as a Member.

3.3. You are required to choose a user name and password to enable you to log-in to this website as a Member. You are responsible for maintaining your user name and password. You should ensure that your user name and password remain secret to you and that they are not revealed to another party.

3.4. You are responsible at all times for the usage of this website when it is accessed using your user name and password. If you believe your user name and password is being used by a person other than yourself without your knowledge you should inform us immediately.

3.5. We will not publish on this website or reveal to other parties any personal information we hold about you as a consequence of the Member registration process, with the sole exception that your user name will appear on this website.

3.6. You may terminate your Membership at any time.

3.7. TCCL reserves the right to terminate your Membership at any time if you fail to comply with any part of these Terms of Use.

4. Privacy

4.1. TCCL takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

4.2. If you choose to disclose personal information about yourself on this website, such as, but not limited to, your name, postal address, email address or telephone number, you acknowledge and agree that you do so in the full knowledge that it will be published on this website and expressly absolve TCCL from all responsibilities and liabilities attached thereto.

4.3. You agree never to publish any personal information about people or a person other than yourself.

5. Copyright and Member Content Policy

5.1. You may not publish on this website any Member Content in respect of which (a) you are not the copyright owner or (b) you are not authorised by the copyright owner to publish on this website.

5.2. By agreeing to these Terms of Use you are representing that if relevant you are the legal owner or an authorised licensee of the copyright in respect of any Member Content you publish on TCCL.

5.3. You are solely responsible for ensuring you comply with Clause 5.1. You acknowledge that legal action may be taken against you if you fail to comply with Clause 5.1 and that you will be liable to meet any claims for financial compensation arising from any party, including TCCL, as a consequence of your failure to comply with this Clause.

5.4. You remain the copyright owner of the Member Content you publish on this website for the duration of the period it is published on this website.

5.5. You may not publish on this website any Member Content which contains the following:

- material intended to cause harm or distress to any person;
- material that is pornographic, obscene, indecent, or is generally of an adult nature;
- material that is invasive of a person’s privacy or that is defamatory or harassing in nature;
- material that includes excessive or gratuitous obscene or other foul language;
- material of a racist, inflammatory, threatening or other anti-social nature;
- material that promotes or advocates or incites hatred, gambling, the use of harmful drugs, alcohol abuse, the use of harmful weapons, acts of violence, the pirating of software or films or music, the malicious use of computer code or programs, or fraud or criminal activity of any other description;
- material that may include computer viruses or other code or programs designed to damage or interfere with the operation of this website or computer software or equipment owned by other users of this website;
- material that in the opinion of TCCL is not in keeping with TCCL’s Standards of Publication as set out separately on this website;
- material that in the opinion of TCCL constitutes an advertisement or other commercial promotion for third party products, services or websites or directs users of this website to other websites for commercial purposes whether by the use of hyperlinks or other methods;
- material explicitly intended to direct users of this website to other websites that contain content similar to that specified in this Clause 5.5, whether by the use of hyperlinks or other methods;
- material not specified in this Clause 5.5 or elsewhere in these Terms of Use which in the opinion of TCCL may cause offence to other users of this website or expose TCCL to the risk of litigation or adverse publicity or is not generally in keeping with the spirit or objectives of this website.

5.6. Notwithstanding the provision of Clause 5.5, TCCL recognises that some Member Content, such as, but not limited to, literary or artistic works, may reasonably contain certain material that may, prima facie, be generally prohibited by TCCL. As a consequence and at its sole discretion, TCCL may facilitate the publication of such Member Content if in TCCL’s opinion the generally prohibited material it contains is portrayed in a responsible manner and is appropriate to the context or subject matter of the Member Content. This proviso will apply only if the Member Content in question does not (in the subjective opinion of TCCL) expose TCCL to the risk of any third party claim or proceedings.

5.7. As part of TCCL’s procedures to monitor this Copyright and Member Content Policy, TCCL may review any Member Content you submit for publication on this website prior to its publication. Any Member Content reviewed by this procedure which TCCL considers may contravene the provisions of this Copyright and Member Content Policy may be rejected by TCCL prior to publication on this website.

5.8. The publication on this website of any Member Content which has been reviewed by TCCL in accordance with Clause 5.7 should not in any way be construed as meaning TCCL approves or endorses any such Member Content or that it complies in all respects with this Copyright and Member Content Policy. These Terms of Use shall apply in their entirety to any such Member Content as if it had not been reviewed by TCCL prior to publication.

5.9. If any Member Content is discovered or believed by TCCL to contravene this Copyright and Member Content Policy after it has been published on this website, TCCL may remove it from this website without prior notice to you.

5.10. TCCL’s decision in the interpretation and implementation of its Copyright and Member Content Policy is final. We are not obliged to enter into correspondence or any other form of communication with you about any decision we make in respect of any Member Content you publish or submit for publication on this website.

5.11. TCCL will maintain a procedure accessible from this website to enable you to report to us any Member Content published on this website which you consider to be in contravention of this Copyright and Member Content Policy.

6. Grant of License to TCCL

6.1. You grant TCCL a non-exclusive unconditional license to display or otherwise make available your Member Content in whole or in part on this website and to enable other users of this website to access and use such Member Content as generally permitted by TCCL in accordance with the provisions of Paragraph 8 of these Terms of Use.

6.2. You agree the license you grant TCCL in accordance with Clause 6.1 will extend to and allow Internet content search and delivery networks to display extracts from your Member Content.

6.3. TCCL will not be liable at any time to pay you any fees, royalties or other monies in respect of your Member Content or the license you grant TCCL in accordance with Clause 6.1.

6.4. TCCL may not sell or transfer or sublicense your Member Content to a third party or use it in any way that may infringe upon your rights as the copyright owner without your permission.

7. Publication of Your Member Content

7.1. You agree that any Member Content you publish on this website will remain published on this website for a minimum period of one year from the first date of its publication and acknowledge that you will not be able to remove any such Member Content from this website during this period without TCCL’s agreement.

7.2. TCCL agrees not to remove any Member Content you have published on this website within the one year period specified in Clause 7.1 except in accordance with the provision contained in Clause 5.9.

7.3. You agree that if necessary TCCL may make technical modifications to any Member Content you submit for publication on this website to enable such Member Content to be displayed or used on this website to a technical or other specification of TCCL’s choice.

7.4. Subject only to the provision of Clause 7.3, TCCL will not edit or otherwise change any Member Content you publish on this website. You are solely responsible for your entire Member Content, including, but not limited to, the quality of any media files such as images, video files or audio files, and all text formatting, spelling, grammar and punctuation.

8. Grant of License to You

8.1. TCCL grants you a license to access the Member Content, other content, information and services contained within this website for personal use only and in accordance with the facilities and choices made available to you within this website.

8.2. The license does not allow you to use the Member Content in any way or for any purpose that may infringe the legal rights of the copyright owner except in respect of Member Content of which you are the copyright owner or an authorised licensee of the copyright.

8.3. This license does not allow you to download and modify individual pages or substantial parts of this website nor to make this website available via an intranet, where this website or a substantial part of it is hosted locally on the intranet in question.

9. Proprietary rights

9.1. All content, databases, proprietary computer code, graphics, buttons, icons, logos, layouts and look and feel contained on or integral to the operation of this website are the copyright of TCCL, excluding all Member Content or unless expressly acknowledged as otherwise.

9.2. The data mining, extraction or utilisation of information, Member Content or other content from this website is not permitted without TCCL’s express prior written permission where applicable.

9.3. No part of the design, layout or content of this website may be copied, edited or otherwise manipulated without TCCL’s express prior written permission.

9.4. Neither this website nor any part of it shall be placed within the frame-set of another site.

9.5. Third parties are not allowed to “deep link” to pages within this website, without TCCL’s express prior written permission. All links should be to the main index page of this website unless otherwise expressly permitted by TCCL. Furthermore, the content of such links, whether graphic or text, should not be misleading, false, defamatory, derogatory or in any other way offensive.

10. Disclaimers

10.1. Notwithstanding the provisions of these Terms of Use, TCCL cannot guarantee that Member Content published on this website complies in every respect with these Terms of Use and TCCL’s Standards of Publication as set out separately on this website.

10.2. TCCL cannot guarantee the accuracy, quality or reliability of the Member Content published on this website.

11. Complaints

11.1. We endeavour to respond to all complaints or queries within five working days.

12. Events outside our control

12.1. TCCL shall not be liable for delay or failure to perform any obligation under these Terms of Use if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, Acts of God, war, civil disorder, industrial dispute or power failure.

13. Limits of Liabilities

13.1. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from liability on the part of TCCL, but nothing in these Terms of Use limits or excludes TCCL’s liability (a) for death or personal injury resulting from negligence or (b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by TCCL.

13.2. TCCL shall not be liable for any (a) loss of profits or (b) loss of business or (c) depletion of goodwill and/or similar losses or (d) loss of anticipated savings or (e) loss of goods or (f) loss of contract or (g) loss of use or (h) loss of or corruption of data or information or (h) any indirect consequential or pure economic loss, costs, damages, charges or expenses incurred by you as a consequence of your use of this website.

13.3. TCCL’s total liability in contract, Tort (including negligence or breach of statutory duty) misrepresentation, or otherwise arising in connection with performance of or contemplated performance of this agreement shall be limited to the price paid for any services by you.

14. Severability

14.1. The paragraphs, sub-paragraphs and clauses of these Terms of Use shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs or clauses.

15. Waiver

15.1. Failure by TCCL to enforce any accrued rights under these Terms of Use is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

16. Entire Terms of Use

16.1. These Terms of Use set out the entire agreement and understanding between you and TCCL. We reserve the right to change these Terms of Use at any time, without giving notice to you.

17. Jurisdiction

17.1. These Terms of Use shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

17.2. Your statutory rights are unaffected by these Terms of Use.