USER TERMS AND CONDITIONS

These Terms and Conditions ("Terms") set out the rules for using the New Opportunities Fund Digitisation Portal website (the "Website"). You are not permitted to use this Website unless you comply with these Terms.

IMPORTANT DISCLAIMERS:

1. You acknowledge that you use the Website at your entire risk and that we shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the Website and the Material.
2. Notwithstanding paragraph 1, we do not exclude or restrict liability to you for death or personal injury resulting from our negligence.
3. All Material is provided on an "AS IS" basis only. We cannot warrant that the Website or any Material provided will meet any of your needs or requirements or that it will be complete, error free, accurate or that it will be delivered without interruption, fault or error. Accordingly and to the maximum extent permitted by applicable law, we hereby disclaim all warranties and conditions, whether express, implied or statutory, regarding the Website and the Material, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose and non-infringement of third party rights.
4. We will aim to correct any errors or omissions as soon as possible after being notified of them.
5. You agree that you will comply with all applicable laws and regulations and will not knowingly use the Website for any improper or unlawful purposes (including infringing any Intellectual Property Rights).

Using the Material on this Website:

Duration

6. Your licence to use the Website and the Material will commence on your acceptance of these Terms and continue unless terminated by us under these Terms. Unless already terminated by us, your licence will end on 1 December 2007.

General

7. You acknowledge that all Intellectual Property Rights relating to and/or developed by us in connection with the provision of the Website belong to us or our licensors. This includes all Intellectual Property Rights in any Material.
8. We grant you a non-exclusive, non-transferable licence in the United Kingdom to use the Intellectual Property Rights referred to above for the duration of these Terms for the sole purpose of using the Website. This licence is subject to the following restrictions:
1. you may only use the Intellectual Property Rights for your own private, non-commercial educational use; and
2. you may not, without our prior written consent, make available, copy, alter, adapt, edit, enhance, modify, retransmit, disseminate, sell, licence, distribute, publish, broadcast or otherwise circulate Material that we make available to you to any person. In particular, you acknowledge the provisions of paragraph 18 below in respect to Linked Websites.

Permitted Users:

9. You are not permitted to use this Website or the Material if you are a commercial body (because the Website is intended for the provision of the Material to members of the public) - note that this includes individual workers acting in the course of their employment by a commercial body. In addition, where you are resident outside England and Wales, you are responsible for ensuring that your use of this Website complies with all laws of the country from which you are viewing the Website.

This Website is free of charge:

10. We provide the Website free-of-charge to you. However, some Linked Websites, may charge a fee for accessing certain material (including without limitation, in alternative formats such as high-resolution images).

Intellectual Property Rights:

11. In the event of any proceedings arising as a result of any infringement, threatened infringement or claim relating to the Intellectual Property Rights, you agree to allow us (or our licensors) to have exclusive control over such proceedings. You also agree that you will make no admission as to liability and that you will not agree to any settlement or compromise of any action without our prior written consent (or that of our licensors) as the case may be. You agree, at our request and at our cost, to offer such other assistance as we may reasonably request in relation to any proceedings to protect our rights and interests, including any Intellectual Property Rights.
12. If an infringement, threatened infringement or claim occurs in relation to Material, or if we consider that such a claim is likely to occur, we shall have the right at our sole discretion to either remove, replace or modify the Material to make it non-infringing, or suspend the Website.

Rules of Website Use:

Access and Use

13. You acknowledge that from time to time we may need to carry out maintenance of the Website, and that it may be necessary for access to some or all of the Website to be temporarily suspended. Therefore, we shall be entitled to suspend, restrict or terminate access to the Website or to modify any part of the Website for any reason at any time.
14. You agree not to use the Website such that you cause the whole or part of the Website to be interrupted, damaged, rendered less efficient or in any way impaired.
15. You agree that you will only use the Website in a manner which is consistent with these Terms and in such a way as to ensure compliance with applicable laws and regulations. In particular you will not use the Website to transmit, post or download any material which is defamatory, offensive or of an obscene or menacing character or which in our judgment may cause annoyance, inconvenience or anxiety to any person. We reserve the right to remove any information that you transmit, post or download at our sole discretion without notifying you.
16. You will be responsible for making all arrangements that will allow you to access the Website (including obtaining the equipment and paying for telephony and other charges which are necessary for you to access the Website).
17. You agree to indemnify us against any liabilities, losses, or expenses incurred by us arising from any breach by you of these Terms (including, without limitation, any unauthorised use of the Materials or this Website).

General

18. This Website contains links to Linked Websites and may contain links to other websites outside our control. You acknowledge that these websites may have different terms and conditions and we advise you to check those websites for specific details, and to comply with those specific terms and conditions when using any material appearing on those websites.

Contacting us

19. Our contact details for all communications relating to the Website are:

    By post: EnrichUK Enquiries, New Opportunities Fund, 1 Plough Place , London EC4A 1DE

    By email:general·enquiries(at)nof·org·uk
    webmaster(at)enrichuk·net (for technical support). Please contact the relevant website owner with any content enquiries relating to linked sites.

Miscellaneous:

20. You may terminate these Terms at any time by ceasing use of the Website and the Materials and by destroying (or ensuring the destruction of) any copies of the Material then in your possession or control.
21. We may modify these Terms at any time, without notice to you, by posting the updated Terms on the Website and we will indicate this on the home page of the Website. (EnrichUK·net). Your continued use of the Website shall indicate your full acceptance of the updated Terms. We would therefore advise you to check these Terms on a regular basis.
22. If any provision of these Terms is held to be invalid or unenforceable by any judgment of a tribunal of competent jurisdiction, the remainder of the Terms shall not be affected by such judgment and these Terms shall be carried out as nearly as possible according to its original terms and intent.
23. These Terms do not confer any rights to any third party.
24. These Terms and the relationship of the parties in connection with the subject matter of these Terms shall be governed by and determined in accordance with the laws of England and Wales and, in the event of a dispute over its interpretation or execution, the courts of England and Wales shall have non-exclusive jurisdiction.

COPYRIGHT NOTICE

The Material (including text, images, audio, video and animation) on this Website is the copyright of the New Opportunities Fund or its licensors. You may not republish, retransmit, redistribute or otherwise make the Material available to any other party or in any other media without prior and appropriate written authorisation. Your use of the Material is governed by the User Terms and Conditions.

The names, images and logos identifying the New Opportunities Fund and EnrichUK are proprietary marks of the New Opportunities Fund and may not be reproduced without the prior written authorisation from the New Opportunities Fund.

Definitions:

"We", "us" or "our" refers to the New Opportunities Fund. Other defined phrases used in these Terms are: