Terms & Conditions Terms and Conditions of Use 1.0 – Application of, and Agreement to; Terms & Conditions of Use These terms and conditions shall apply to any ‘visitor to’ or ‘user of’ ‘kiriangel.com’ and shall govern the visitor’s or ‘user’s’ ‘access to’ and ‘use of’ the website, website services, website content, all material contained within and all material accessed by links from kiriangel.com. All references in these terms and conditions to; ‘website’ & ‘kiriangel.com’, refer to the website ‘www.kiriangel.com’. All visitors/users must either: expressly agree to abide to these terms and conditions of use; or not visit/use the website, website services, website content or website materials contained within. 2.0 – Copyright 2.1 – The Copyright and all intellectual property rights of the contents, images, design, materials, services in, on & linked to from the website, remain the property and control of Lisa Tooth. Copyright©LisaTooth2014. All Rights Reserved. 3.0 – Access & Acceptable Usage 3.1 – All visitors/users can, for their own use and not for profit/commercial benefit or gain: (a) view pages and use kiriangel.com services in a web browser; (b) download pages from kiriangel.com for caching in a web browser; (c) print pages from kiriangel.com; (d) stream audio and video files from kiriangel.com; (e) use kiriangel.com for personal use (f) positively promote kiriangel.com by word of mouth and recommendations 3.2 – Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, all visitors/users to kiriangel.com, must not: (a) download any material from kiriangel.com or save any such material to your computer; (b) use the website for any purpose other than personal use; (c) edit or otherwise modify any material on our website. (d) copy any material from kiriangel.com. (e) use any material, or links to any material, for profit/commercial benefit or gain 3.3 In addition to the restrictions of clause 3.2, unless you own or control the relevant rights in the material, you must not: (a) re-publish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) re-distribute material from our website. 3.4 – We reserve the right to restrict access to areas of kiriangel.com, or indeed the whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. 4.0 – Payments, Donations, Entries on & Deletions from, the Remembrance Wall 4.1 – Names on the wall can be viewed by anyone visiting the site and they may be referred to during Candlelight Memorials. By adding an entry of a name on the wall, you are agreeing to allow this information to be viewed by others and used in Candlelight Memorials. If you do not want your entry to be seen or used in a Candlelight Memorial, please do not complete the process. If you want a name removing from the Remembrance Wall after completing the process, the payment / donation is non-refundable. Names can be removed by e-mailing us using the Contact Form on the ‘Contact Us’ Tab of the website. 4.2 – *Payments are non refundable and subject to the deduction of PayPal Admin Fees. 5.0 – Visitors/Users must not: (a) use kiriangel.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use kiriangel.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use kiriangel.com to copy, store, host, transmit, send, use, phish, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, phishing, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) access or otherwise interact with our website using any robot, spider or other automated means; (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). (h) use data collected from our website to contact individuals, companies or other persons or entities. 5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. That you are a real human being and that the data you have supplied to us is correct and accurate. And that you own the intellectual copyright or have the correct permissions to submit the information for this purpose and that it can legally be used or published on the website. 6.0 – Visitors/Users/Contributors – Content Agreement 6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. 6.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website]. 6.3 You grant to us the right to sub-license the rights licensed under Section 6.2. 6.4 [You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.] 6.5 [You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.] 6.6 [You may edit your content to the extent permitted using the editing functionality made available on our website.] 6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content. 7.0 – Your content: rules 7.1 You warrant and represent that your content will comply with these terms and conditions. 7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). 7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity]; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence, in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit]; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. 8.0 – Limited warranties 8.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available. 8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. 8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website. 9.0 – Limitations and exclusions of liability 9.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions: (a) are subject to Section 9.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). 10.0 – Breaches of these terms and conditions 10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) contact any or all your internet service providers and request that they block your access to our website; (f) commence legal action against you, whether for breach of contract or otherwise 10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 11.0 – Variation 11.1 We may revise these terms and conditions from time to time. 11.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website. 12.0 – Assignment 12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 13.0 – Severability 13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 14.0 – Third party rights 14.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. 14.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party. 15.0 Entire agreement 15.1 Subject to Section 9.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website. 16.0 Law and jurisdiction 16.1 These terms and conditions shall be governed by and construed in accordance with English law. 16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England. 17.0 Our details 17.1 This website is owned and operated by Lisa Tooth 17.2 You can contact us by using the website contact form.