In these terms and conditions, “the company” refers to funnyasduck.net, a trading style of Secpro Limited, a company registered in England and Wales (Registration No. 07743548.) at Axis 3, Mallard Way, Swansea, SA7 0AZ.
“terms” refers to the terms and conditions as a whole.
“you” and “your” means the person who is accessing and using the website stated funnyasduck.net.
Your continued use of the website will be deemed acceptance of any such amended terms and conditions.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY SECPRO LIMITED WHO OPERATES Funny As Duck WEBSITE AND SERVICES.
1.1 You are permitted to print and download extracts from the website solely for your lawful, personal, non-commercial use on the following basis:
- No text, documents, graphics or other content on the website are modified in any way.
- No graphics on the website are used separately from accompanying text.
- The Company’s copyright notice and this permission notice appear in all copies.
1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the website (including, and without limitation to text, images, web pages, sound, software (including code, interface and website structure), video, photographs, graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these terms and conditions, any use of extracts from the website other than in accordance with paragraph 1.1 above for any purpose is prohibited.
For the avoidance of doubt, you agree that you are permitted to use this content only as set out in these terms or as otherwise expressly authorised in writing by the Company or its licensors.
You may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content.
Breaching any of these terms will result in your permission to use the website being automatically terminated and you must immediately destroy any downloaded or printed extracts from the website.
1.3 The Company is the owner and/or authorised user of all trademarks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the website, unless otherwise indicated; except as provided in these terms.
Use of the website does not grant to you any right, title, interest or licence to any such intellectual property accessed on the website except as provided in these terms, any use or reproduction of the intellectual property is prohibited.
1.4 Subject to paragraph 1.1, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
1.5 Any rights not expressly granted in these terms are reserved.
2.0 Service Access
2.1 While the Company endeavours to ensure that the website is always available to access, the Company will not be liable if for any reason the website is unavailable at any time or for any period.
2.2 Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance/repair or reasons beyond the Company’s control.
3.0 Visitor Materials and Conduct
The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial/non-commercial purposes.
3.2 You are prohibited from posting or transmitting to or from the website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
(d) Which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You must not misuse the website including (without limitation) hacking.
3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting/directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4 Links to and from other websites
4.1 Any links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. The Company has not reviewed all of these third party websites, does not control, and is not responsible for these websites or their content.
The Company therefore does not endorse or make any representations about them, any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
4.2 If you would like to link to the website, you may only do so on the basis that you link to (but do not replicate) the home page of the website, subject also to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Company logo;
(b) You do not create a frame or any other browser or border environment around the website;
(c) You do not in any way imply that the Company is endorsing any products or services other than its own;
(d) You do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) You do not otherwise use any Company trademarks displayed on the website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these terms and will take any further action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5.0 Electronic Communications
When you visit the website or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the website.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. (This paragraph does not affect your statutory rights).
In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the website, its services or any information accessible through the website. This includes information obtained from linked sites, your submission or transmission of information or material on or through the website or your violation of these terms or any other laws, regulations and rules.
You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third party rights including (without limitation) claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right.
The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
7.1 While the Company endeavours to ensure that information on the website is correct, the Company does not warrant the accuracy and completeness of the material on the website. The Company may make changes to the website copy or the products, services, and prices described in it, at any time without notice. The material on the website may be out of date and the Company makes no commitment to update such material.
7.2 The material on the website is provided ’as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the website on the basis that the Company excludes all representations, warranties, conditions and other terms including (without limitation) the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice might have an effect in relation to the website.
8.1 The Company, its employees along with the group company and its employees will not be liable to you in respect of any special, indirect or consequential loss or damage. The Company will not be liable to you in respect of any business losses, including (without limitation) loss of/damage to income, profits, goodwill, data, contracts, use of money, or loss of commercial opportunities.
The company will not be liable to you in respect of business interruption, whether in tort, including (without limitation) negligence, contract, or otherwise in connection with the website or its use, along with any sites linked to the website and their material.
The company will not be liable to you in respect of any loss or corruption of any data, database or software.
8.2 Nothing in these terms shall exclude or limit the Company’s liability for;
(i) Death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977;
(iii) Misrepresentation; or
(iv) Any liability which cannot be excluded or limited under applicable law.
8.3 If your use of the website results in equipment requiring servicing or repair or there is corruption of software or data, you assume all costs thereof.
9 Entire Agreement
The failure by the Company to exercise or enforce any right or provision of said terms shall not constitute a waiver of such right or provision.
If any provision of the terms is found by a court of competent jurisdiction to be unenforceable or invalid, you and the Company nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and other provisions of the terms shall remain in full force and effect.
10 Governing Law
Jurisdiction: These terms shall be governed by and construed in accordance with the law in England and Wales. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts in England and Wales.