Oknel Media Ltd t/a The Rock and Wall

Terms of Use of the Website


 

Welcome to our website. These general Terms of Use govern your visit and interaction with the information and resources provided on this website.

1. Definitions

1.i. “Website,” “Site,” “this site,” “our site,” “our website” etc. shall mean www.therockandwall.com and any subsequent domain URL that we may use to replace it.

1.ii. Oknel Media Ltd trading as The Rock and Wall or ‘us' or ‘we' refers to the operator and owner of the Website whoseregistered office is 1st floor, 2 Woodberry Grove, North Finchley, London N12 0DR and whose UK company registration number is 07235790. We are a limited company. If we provide services to you for which you pay us a fee, the following additional information about us should also be noted by you: Our VAT registration number will be provided to you when required.

1.iii. ‘You' refers to you, the visitor of or viewer of or contributor to (if a registered member) our website.

2. Acceptance

2.i. By continuing to browse and use our Site, you hereby agree to comply with and be bound by these Terms of Use (“these terms”) which include the Privacy Policy and, where applicable, the Crowdfunding-Terms of Use which are published on our Site.

2.ii. These terms govern the relationship between you and Oknel Media Ltd trading as The Rock and Wall as it applies to your use of this Website and the information contained therein.

3. Applicability

3.i. These terms shall apply to you whilst using this Site for general browsing, reading, viewing or entertainment purposes or, I applicable, whilst viewing the current range of goods we may (or may not) have for sale on this Website.

3.ii. These terms also apply to those visitors who become registered members of this Website and who contribute their own views, content, comments and climbing information via the forum or through other interactive means on our Website.

3.iii. If we offer goods for sale on this Site and if you proceed to purchase such goods, then you will also be bound by separate E-Commerce Terms and Conditions. Such terms and conditions will be shared with you before you decide to purchase Goods from us in line with applicable law.

4. Your rights

4.i. You have the right not to read, view or use this site if you disagree with any of these Terms of Use.

4.ii. You have the right to clarify these Terms of Use if you do not understand them. If so, then please write to us at this e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..

4.iii. You have the right to use and browse this site at your own risk. Please refer to clause 12.i and other Limitation of Liability clauses contained in section 12 below.

4.iv. You are granted a limited right to download and print pages from this website for your own personal use, subject to the restrictions set out below in section 10. Copyright Notice and Permissions, and subject to other restrictions elsewhere in these terms.

4.v. It is your right to interact with and contribute to the various interactive elements of the site at our discretion and subject to clause 5.viii.

5. Conditions of Use

5.i. You must not reproduce, duplicate or copy information from our website for any commercial purpose or enterprise.

5.ii. You must not republish material from this website without our permission.

5.iii. You must not sell or rent information or material from this website.

5.iv. You must not misuse this website by introducing to it any viruses, trojans, worms or other material which by intent is malicious or technologically harmful.

5.v. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to this website.

5.vi. By breaching conditions 5.iv. and 5.v., you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the police authorities and we will co-operate with those authorities by disclosing your identity to them.

5.vii. You must not attack or co-ordinate an attack on this website with a denial-of-service (DOS) attack.

5.viii. If you are a registered member of the Site then you may, at our sole discretion, be permitted to contribute your own content, ideas, climbing locations and forum posts. Remember that you are legally responsible for the content you contribute to this Site. Registered members are required to agree to the following conditions of use before being permitted to submit their application for membership of this Site. Accordingly, registered members or those applying for membership agree to:

respect the views of others; and

refrain from using profanity/ bad language; and

refrain from using racist, hateful, intolerant or derogatory terms or sentiments in your contributions; and

refrain from ‘trolling’ or abuse of other users and contributors to this Site; and

refrain from submitting ‘spam’ i.e. irrelevant content or links bearing no relation to the Site or forum topic; and

refrain from claiming other’s content as your own; and

show consideration to the safety of fellow climbers in the contributions you make.

5.ix. If you fail to adhere to these Terms of Use or the clauses within Clause 5, you will risk your contribution being deleted from the Site and/or your Site membership being cancelled and/or your computer’s IP address being blocked.

5.x. Your comments and contributions as a registered member may be moderated by us before being published on this site. In addition, any registered member, user or visitor may complain about content on this site by writing to This email address is being protected from spambots. You need JavaScript enabled to view it..

6. Disclaimer

6.i. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and material found or offered on this website for any particular purpose and we are under no obligation to monitor, update or amend it.

6.ii. You acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6.iii. Although we do not monitor the content uploaded by users of our Site, we have the right to remove any material or posting you make on our site if, in our opinion, such material is unacceptable but we shall NOT be responsible for ensuring that material we have enabled a user to upload, is removed. Furthermore and for the avoidance of doubt, we will not be responsible or liable for the content or accuracy of any materials uploaded by you or any other user of our site.

7. Information about your visits to our site

7.i. We process and store information about you in accordance with our separate Privacy Policy. By using this Site, you consent to such processing and you warrant that all data provided by you is accurate.

8. Links to and from other sites

8.i. From time to time this website may also include links to other websites. These links are provided for your convenience as they provide further information. They do not signify that we endorse the website(s) and we have no responsibility for the content of the linked website(s).

8.ii. You may include a link to www.therockandwall.com from other websites, blogs or forum posts with our permission. In this case, please write to this e-mail address for further details – This email address is being protected from spambots. You need JavaScript enabled to view it..

8.iv If and to the extent that we permit links to our Site, you will be required to do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You will also be required not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists nor to establish a link to our site in any website that is not owned by you. Furthermore, [our site must never be framed on any other site, nor may you create a link to any part of our site other than the home page and] the website in which you are linking must comply in all respects with the standards set out in these terms. We reserve the right to withdraw any linking permission without notice.

 

9. Intellectual Property

9.i. You warrant that all content (text or maps or images) that you submit to this Site as a registered member or otherwise will not cause us to infringe the copyright, registered design or trademark of third parties when we place your contributed content in the public domain on this Site or use it in any other way. In this context, you warrant that you will not claim that the climbing routes described and/or pioneered by third party climbers or authors are your own descriptions.

9.ii. Any such material you provide to us for our site will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any material provided by you for our site constitutes a violation of their intellectual property rights or of their right to privacy. You shall grant Oknel Media Ltd t/a The Rock & Wall and its successors or assigns a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any content or material or images that you contribute to the Site. Your licence to us includes the right to incorporate the same content in other works or in any form or media. However, for the avoidance of doubt, the ownership of all such materials, licensed to us by you, shall remain with you.

9.iii. This Website contains material which is owned by us or which is created by us or which is licensed to us. This material includes, but is not limited to the design, layout, look, appearance, graphics, images, photographs and written content together with any video content and audio content. The copyright in this material shall remain vested in Oknel Media Ltd trading as The Rock and Wall and extends to all aspects of the material. Reproduction is prohibited other than in accordance with the copyright notice below, which forms part of our Terms of Use.

9.iv. Oknel Media Ltd trading as The Rock and Wall will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution and/ or injunctive relief.

10. Copyright Notice and Permissions

10.i. Further to the terms above, theft of our original work is taken very seriously and we draw to your attention that it is protected under UK copyright law. Please note that we always sue for compensation if any part of our website or design, whether text or images, are found being used without prior authorization in writing.

10.ii. Permission is granted to you for the temporary electronic storage of one or more pages from this website for the sole purpose of viewing the information contained on it.

10.iii. Permission is also granted for the creation of a single printed copy of one or more pages downloaded from this website provided that our copyright is acknowledged on that copy and that further reproduction of it requires our prior permission.

10.iv. Except for the permissions granted in 10.ii. and 10.iii., no permission is granted for the copying or storage or the re-distribution of all or any part of this website.

10.v. If you wish to store, copy or distribute all or any part of this website beyond that which we have permitted above, please write to us: This email address is being protected from spambots. You need JavaScript enabled to view it.. We are usually content to permit further copying or distribution of parts of this website but specific written permission must be obtained from us beforehand and acknowledgement of our status as the authors of such works will always be required.

11. Review

11.i. We reserve the right to review these Terms of Use at any time. If, following any such review, there is to be any change to these Terms of Use, then that change will take effect from the date on which we upload the amended Terms of Use to this website.

11.ii. Further to clause 11.i., you are requested to check this page from time to time to take notice of any changes we make, as they are binding on you.

11.iii. Your use of the site after any changes to these Terms of Use will signify your assent to and acceptance of the newly modified Terms of Use.

11.iv. Although we aim to update this website regularly and may change the content at any time, any of the material on this website may be out-of-date at any given time and we are under no obligation to update such material.

12. Limitation of Liability

12.i. Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, information or advertised products or services available through this website meet your specific requirements.

12.ii. The sport of climbing is dangerous and we cannot guarantee that you will not suffer injuries or worse through your participation or involvement in climbing activities. Only you or your responsible guardian can be responsible for your own safety in an inherently risky sport.

12.iii. Whether you are a consumer or a business, you accept that we shall be under no liability whatsoever to you for the following matters which are further described below: any indirect loss and/or expense (including loss of profit or goodwill) suffered by you or any third party arising out of your use of the information contained in this site or any subsequently supplied information that we may send to you. If you are a consumer, you accept that your use of this site is for domestic, non-commercial use only.

12.iv. We shall be under no liability for any errors, omissions or inaccuracies contained either on this website or in any subsequently provided information.

12.v We will not be liable if for any reason our site is unavailable at any time or for any period.

12.vi. To the fullest extent permitted by law and with the exception of matters detailed below for which liability cannot be excluded or limited, we hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

any liability for any indirect or consequential loss or damage incurred by any visitor or user in connection with our website or in connection with the use, inability to use, or results or the use of this site, any websites linked to it and any material posted on it, including, without limitation any liability for:

- loss of income or revenue; and

- loss of business; and

- loss of profits or contracts; and loss or corruption of data; and loss of goodwill; and

- for any other direct loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable except that, if and to the extent that we provide services to you via our site for which a fee is payable to us by you (e.g. the crowdfunding facilities for which a percentage of the pledges made to you might be payable to us) our liability to you for such “service” shall, subject to the other limitations and exclusions of this section 12, be limited to an amount equal to the fees received by us from you in relation to such crowdfunding campaign.

12.vii. The clauses of this section 12 do not affect liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.

12.viii. We will not be liable for any loss or damage caused by a denial-of-service (DOS) attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs or stored data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any third party website linked to it.

12. ix. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which will be set out in our E-Commerce Terms and Conditions.

 

13. Indemnity

13.i. You agree to indemnify and hold Oknel Media Ltd trading as The Rock and Wall, its affiliates, officers, directors, employees and assigns harmless from any claim or demand, including reasonable legal fees, due to or arising out of:

your misuse of the site; and

your violation of these Terms of Use; or

your infringement of our intellectual property and copyright.

14. Consequences of Breach

14.i. If you breach these Terms of Use, we will act to deal with the breach. Such actions include, but are not limited to, suspending your access to the website; blocking computers using your IP address from accessing our website; requesting your internet service provider that they block your access to this website; and/or bringing court proceedings against you or your business.

15. Your account and password

15.i If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures and/ or when registered as a member of our Site, you must treat such information as confidential. You must not disclose it to any third party.

15.ii We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

15.iii If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us unless and except that you accept that you are responsible for the acceptance of and compliance with these terms by anyone who uses your internet connection to access and use our Site.

16. Jurisdiction

16.i. If you are a consumer, please note that these terms are governed by English law and that you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute arising out of your use of our website. If you are a business user, you accept that your use of this website and any dispute arising out of such use of the website shall be governed by the laws of England and Wales and that they shall be subject to the exclusive jurisdiction of the courts of England and Wales and, primarily and where applicable, our local courts.

© the Rock and Wall 2013