1 Who are we
1.1. This website, (www.fylingdalesarchive.org.uk) (the “Website”), is operated and administered by RAF Fylingdales and Newcastle University, (from now on, “We”, “Our” or “Us”) as part of Our involvement in “Turning Fylingdales inside out”, a three year research project funded by the Arts and Humanities Research Council as a collaboration between Newcastle University, RAF Fylingdales and English Heritage (the “Project”)
1.2. The purpose of the Website is to be the focus of the Project’s online presence. The Website will make public the Fylingdales Archive progress of the Project and promote Project developments and dialogues.
2 What are These Terms For?
2.1. These terms (the “Terms”) govern the use of the Website by users (together, “You” or “Your”). By “users”, We mean any browser or other user of the Website.
2.2. You are required to accept the Terms completely in order to browse, access or otherwise use the Website. If You do not accept the Terms completely, then You must not use or continue to use the Website. By accessing or continuing to access any part of the Website, You consent to be bound by the Terms as they are updated from time to time at the time of Your use.
2.3. You should check for any changes to the Terms each time You access the Website as changes will be legally binding upon You when We post them on the Website (any prior rights and obligations that may apply with respect to Your use of the Website will be superseded by the changes), whether or not We provide You any other notice of such changes. We will indicate the effective date of the currently applicable Terms at the beginning of the Terms.
2.4. We reserve the absolute right at any time to modify, suspend or discontinue the Website (or any part of it) at any time with or without notice. You agree that We shall not be liable to You or any third party for any such modification, suspension or discontinuance.
3 Access To The Website
The Website is made available free of charge. You are responsible for making all necessary arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of the Terms and that they comply with them.
4 Your Use Must Be Lawful
4.1. You confirm and undertake to Us that You will not use the Website:
4.1.1. in any way that is prohibited by the Terms; or
4.1.2. for any purpose that is unlawful under any applicable law or regulation or infringes any other person’s rights.
5 Your Obligations
(a) agree to read and abide by all notices posted on the Website from time to time; and
(b) agree to abide by all applicable laws and regulations and that You will not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
5.2. We use reasonable efforts to ensure that the Website is free from software viruses. However, We cannot guarantee that Your use of the Website (and the content on it) will be virus-free or available. It is Your responsibility to ensure that the computer or other device with which You may access the Website has appropriate virus screening software.
5.3. You agree that You will not:
5.3.1. use the Website to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious or harmful code or use any items of a destructive nature, or compile or use any content for the purpose of spamming or to promote or facilitate disruptive commercial messages or advertisements; or
5.3.2. attempt to gain unauthorised access to any part of the Website or any server, computer or database connected to the Website.
5.4. You acknowledge that any breach by You of the Terms may not only be a breach of contract but may also be a criminal offence under the Computer Misuse Act 1990 and that We may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing Your identity or IP address to them. In the event of any actual or suspected breach, Your use of the Website is to cease immediately or We may terminate it.
6 Intellectual Property Rights
6.1. All rights, including copyright and other intellectual property rights, in and to the Website and the following trade marks (whether registered or unregistered) “Fylingdales Archive”, “Turning Fylingdales inside out” are owned by Us or Our assignees or licensors. The entire Website is subject to copyright with all rights reserved.
6.2. No permission is granted by Us for You to copy, distribute, modify, create derivative works from, post or frame any trade marks, text, graphics, video, audio, software code, or user interface design or logos from the Website. You agree that You will not copy, publish, transmit, license, rewrite for broadcast or publication or redistribute in any medium any of Our content without Our express prior written permission. You may not transmit, display, perform, reproduce, publish, license, transfer, or sell any of Our information or content, software, products or services obtained from the Website. Other than is expressly provided in the Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, or other intellectual property or proprietary interest of Us, Our licensors or any third party. Any rights not expressly granted to You by the Terms are reserved by Us or Our suppliers.
6.3. You agree that You will not take any action inconsistent with Our ownership of the Website and/or Our content on the Website.
7 Links To and From, and Content Provided by, Third Party Websites
7.2. You may hyperlink to the Website, provided You do so in a way that is fair and legal and does not damage Our reputation or the reputation of Our Project partners or take advantage of it. You must not establish a hyperlink in such a way to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a hyperlink to the Website in any website that is not owned by You.
8 Our Liability To You
8.1. Errors and omissions etc: The information on the Website is provided “as is”. We do not warrant that the information published on the Website will be accurate, up to date or error free and in using the Website You acknowledge all information may include inaccuracies or typographical errors. Content from Third Party Websites may appear on the Website without the express permission of the owners of such content. Such content is for Your reference only and should not be relied upon by You.
8.2. Types of loss and damage not claimable from Us:
(a) You agree that We will not be liable for any losses or damages arising out of or in connection with Your use of any information, products, services, materials, content and/or information offered or otherwise made available through the Website, including but not limited to any loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or special damages even if We have been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
(b) You also agree that We will not be liable to You for any losses or damages arising from Your use or inability to use the Website or Our services and You agree to waive any and all claims in relation to that use or inability to use (whether based on contract, tort or any other grounds).
(c) The Website is made available to You only on an “as is” basis. To the maximum extent permitted by law, We accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, defraud, theft, technical failure, error, omission, interruption, deletion, defect, delay or any occurrence beyond its reasonable control which comprises or affects the administration, security, fairness or the integrity or proper conduct of any aspect of the Website.
8.3. Amount: Without prejudice to paragraphs 8.1 and 8.2, in the event of any claim arising, Our total liability to You is limited to the sum of ten pounds (£10).
9 Disclaimer and Indemnity
(a) You agree to indemnify and hold Us, Our directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives harmless from any loss, liability, claim or demand, including legal fees, made by any third party due to or arising out of Your use of the Website.
(b) All use by You of the Website is at Your own risk and You assume complete responsibility for all risk or loses or damage, including any resulting from Your downloading, uploading and/or use of or referring to or relying on information, products, properties, services or materials provided on the Website or any other information obtained from Your use of the Website.
(a) We make no representations, warranties or undertakings that the Website or the server that makes the foregoing available will be free from defects including but not limited to viruses or other harmful elements.
To the maximum extent permitted by law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of Our services, information and/or content on the Website including without limitation their accordance, their completeness or their merchantability, quality or fitness for a particular purpose.
10 Privacy and Data Protection
10.1. In this clause, the following expressions shall have the meanings given in the Data Protection Act 1998 (the “Act”): “data controller”, “data processor”, “data subject” and “process”.
10.2. How We collect personal data: We may collect Your personal data when You use the Website. The term “use” includes, but is not limited to:
10.2.1. completing a survey at Our request for research purposes;
10.2.2. communicating with Us whether by e-mail, telephone, writing through the post or otherwise;
10.2.3. accessing or browsing the Website;
10.2.4. submitting enquiries through the Website; and
10.2.5. completing online or paper forms.
10.3. Why We collect personal data. You agree and consent to Our processing of such personal data for any of the following purposes:
10.3.1. to make the Website available to You and to manage Your personal data for the purposes of Your use of the Website;
10.3.2. for Our internal record keeping requirements including collection of anonymised details about You to compile aggregate statistics or produce internal reports;
10.3.3. for market research, analysis and administrative purposes;
10.3.4. to communicate with You; and
10.3.5. for such other reasonable purposes as may be set out or reasonably anticipated on the Website including for any purpose whether We have a legal right or duty to use or disclose Your personal data (including for abuse, crime and fraud prevention and related purposes).
10.4. You agree that We may also use Your personal data to analyse Your use of the Website and to inform You of other services that may be provided by Us which We think may be of interest to You. If You do not wish to receive this information, You may unsubscribe by using the unsubscribe link on the Website, or contacting Us using the contact details below.
10.5. You agree that all personal data provided to Us by You is accurate and up-to-date. Should any of Your circumstances change or the personal data become inaccurate, You agree to notify Us of such changes as soon as possible. You further agree to obtain the consent of any third party before giving Us information about them.
10.6. Disclosing to others. In terms of sharing, disclosing or transferring Your personal data to third parties (each a “Disclosure”), We may Disclose any personal data as set out in this clause. We may also Disclose Your personal data:
10.6.1. to any company, entity, college or school within Newcastle University;
10.6.2. to any of Our Project partners;
10.6.3. to any person who provides a service to, or performs a function for Us or who is acting as Our agent or sub-contractor, including without limitation, legal and other professional advisors and research collaborators;
10.6.4. if in Our opinion (reached in good faith) which shall be conclusive and binding, Disclosure is necessary for Us to perform Our functions in relation to the Website;
10.6.5. if Disclosure is required to comply with any applicable law or order of a governmental or law enforcement body (including compliance with the Freedom of Information Act 2000);
10.6.6. if Disclosure is required to investigate, prevent or take action against suspected legal activities (including fraud or where the personal safety of another person may be threatened) or breaches of Our Terms; or
10.6.7. if Disclosure is required to establish or exercise Our legal rights or defend against legal claims.
10.7. International transfers of data. We use certain third parties to help Us with the Website and other administration activities relating to Our work. Some of these parties may be based in the European Economic Area and some may be based outside the European Economic Area. You agree that We may transfer personal data to those third parties for the purposes of Our business. Countries outside the European Economic Area may not offer the same level of data protection as the United Kingdom. However, Our collection, storage, and use of Your personal data will continue to be governed by these Terms.
10.8. Information Security. We are committed to ensuring that any personal data You give to Us is kept secure. In order to minimise the risk that there is unauthorised access to or Disclosure of Your personal data, We put in place, where practicable, appropriate physical, electronic and managerial procedures to safeguard and secure it. Although We take appropriate measures to safeguard the personal data that You provide to Us, no transmission over the Internet is guaranteed to be secure.
10.9. Access to Information. The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. You may contact us at: firstname.lastname@example.org
Please note that We may charge for any information access request for personal data that We receive.
12.1. The Terms and Your use of the Website are governed by the laws of England and Wales.
12.2. You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of the Website each time You access the Website.
12.3. Our failure to enforce at any time one or more of the terms or conditions in the Terms will not be a waiver of them or the rights attaching to any of them. No provision of the Terms is waived by Us unless We waive it in writing.
12.4. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of the Terms or Your use of the Website.
12.5. Our performance of the Terms is subject to existing laws and legal process and nothing contained in the Terms is in derogation of Our right to comply with law enforcement requests or requirements relating to Your use of the Website or information provided to or gathered by Us with respect to such use.
12.6. If any part of the Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
12.7. The Terms constitute the entire agreement between You and Us with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to the Website.
12.8. Although We cannot monitor Your or anyone else’s conduct offsite, it is a violation of the Terms to use any information obtained from the Website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
12.9. Any terms in the Terms that by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between Us and You.
12.10. No person who is not a party to the Terms may enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
12.11.You may not assign or transfer Your rights or obligations under the Terms. We may assign any contract between Us and You to a third party.
12.12. Any notices to Us must be sent in writing to Our address as set out in clause 1.1 of the Terms via first class or air mail or overnight courier, and is deemed given upon receipt.