PRIVACY STATEMENT
NATIONAL ASSOCIATION OF DISABLED SUPPORTERS ("NADS")
1 NADS ("We", "Our" or "Us") are based at PO Box 2909, Reading, RG1 9LD. This statement describes Our policy and practices with regard to processing of Personal Information (as defined below) on Our website, with URL www.nads.org.uk ("the Site"). Our principal activities involve the promotion of a level playing field for all football supporters. Our privacy policy covers Us and the Site.
2 "Personal Information" means information that relates to a living individual who can be identified from that information or from that information together with other information which is held by or is likely to be held by Us.
3 It is Our policy to take all necessary steps to ensure that Personal Information held by Us is processed fairly and lawfully. We will take all necessary steps to implement this policy. All Our employees and data processors who have access to Personal Information are obliged to respect the confidentiality of your Personal Information.
4 It is Our policy to ensure that all relevant statutory requirements are complied with, including the eight Data Protection Principles contained in the Data Protection Act 1998 ("the Act"), and to monitor Our internal procedures periodically to ensure compliance.
5 You can access the Site home page and browse the Site without disclosing Personal Information.
6 In order to provide some of the services offered by the Site ("the Services"), We need to hold certain Personal Information. Except to the extent that We are required or permitted by law, any Personal Information which We collect will be used solely for the purpose of providing the Services, and We will not hold it for any longer than is necessary for this purpose.
7 We may collect Personal Information that you volunteer while using the Site and/or the Services. Where We collect such information, We make clear the nature of the information and the purposes for which it is used and We offer you the choice to opt in of providing such information.
8 We do not knowingly collect Personal Information from children.
9 When you view the Site, We may store some information on your computer. This will be in the form of a "cookie" file, which will enable Us to tailor the Site to match your interests and preferences. The "cookie" file will not contain any data personal to you. Your Internet Browser may allow you to erase the "cookie" file, block all "cookies" or receive a warning before a "cookie" is stored. Please refer to your browser instructions.
10 Personal Information may be transferred to countries outside the European Economic Area in order to facilitate the performance of the Services. In using the Services you consent to such a transfer. In addition, if you put Personal Information on publicly available parts of the Site, this will be accessible to persons in countries outside the European Economic Area, which may not have data protection laws as comprehensive as those that exist in the EEA.
11 We may disclose Personal Information about Site visitors to other organisations that are partners in the development of the Web site or to organisations contracted by Us to manage aspects of the Web site.
12 We will monitor on an ongoing basis compliance with the provisions of the Act by third party processors of Personal Information held by Us.
13 We may from time to time use your Personal Information to send you information by telephone, fax, email or post about NADS and other information that you may find useful. If you do not wish to receive this information please contact Us by email at info@nads.org.uk
14 The Site may contain links to other internet sites that are not owned by Us. We are not responsible for the content of such sites or for the privacy policy of such sites or for Personal Information that such sites may collect or place on your computer.
15 You can find out what Personal Information we hold about you by writing to us at NADS, PO Box 2909, Reading, RG1 9LD. Your request must be accompanied by a cheque for £10.00. We will acknowledge your request within ten working days. Should we be prevented from disclosing your Personal Information We will give reasons for any such refusal.
16 If any of the Personal Information that We hold about you is incorrect or needs updating, or if you want Us to delete any Personal Information, please contact Us at NADS, PO Box 2909, Reading, RG1 9LD. We may request that you provide further information and identification to enable us to comply with this request.
17 We regard Our databases of Site visitors information (which may include your Personal Information) as a valuable asset. Should We sell or transfer any of our business assets this may include the sale or transfer of such databases of information to third parties. In addition, Such a transfer or sale may mean that your Personal Information is transferred to countries outside the European Economic Area. In using the Services you consent to such use of your Personal Information.
DISCLAIMER
NATIONAL ASSOCIATION OF DISABLED SUPPORTERS ("NADS")
The content on the pages of this website (the "Site") is provided by NADS and is subject to the following disclaimers.
1 STATUS OF INFORMATION AND CONTENT PLACED ON THE SITE
1.1 All content placed on the Site is for your general information and use only and does not constitute any advice or recommendation given by NADS.
1.2 You should not rely upon any of the content on the Site when making any business decisions or otherwise. You should always seek professional advice prior to making any business decisions or otherwise based on the content of this Site.
1.3 Any decisions based on content contained on this Site are the sole responsibility of the visitor.
1.4 NADS does take all reasonable efforts to ensure that all content placed on this Site is accurate at the time of inclusion. We also try to ensure that such content remains up to date. However, there may be occasional errors with the content for which we apologise. There may also be updates to the content we have been unable to include by the date on which you access the content.
1.5 It is always wise for you to run an anti-virus programme on all content and materials downloaded from the Internet in general and the Site in particular.
2 WEB LINKS
2.1 NADS may provide hyperlinks or pointers to other websites maintained by third parties which NADS thinks may be of interest to visitors of the Site. NADS provides links to such sites for your information and convenience only.
2.2 The information and content on any websites linked to the Site is not under the control of NADS. If you decide to access any information or content placed on such sites you do so at your own risk.
2.3 NADS do not in any way recommend or endorse the information placed on such websites and we are not affiliated to any such third party.
3 SERVICE PROVIDER FEES
3.1 You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
4 CHANGES TO THE CONTENT OF THE SITE
4.1 NADS reserves the right to make changes and corrections to the content placed on the Site at any time, without notice to the visitors to the Site. You agree that NADS shall not be liable to you or to any third party for any modification, suspension of the content on the Site or discontinuance of the Site.
5 NADS'S LIABILITY TOWARDS YOU
5.1 YOU EXPRESSLY AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT AVAILABLE ON IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NADS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b) NADS MAKES NO WARRANTY THAT:
(i) THE CONTENT PLACED ON THE SITE WILL MEET YOUR REQUIREMENTS;
(ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) CONTENT OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE;
(iv) ANY ERRORS IN THE CONTENT WILL BE CORRECTED; OR
(v) THAT THE SERVER THAT MAKE THE SITE AVAILABLE IS FREE FROM VIRUSES
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NADS OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DISCLAIMER.
5.2 NEITHER NADS NOT THE SUPPLIER OF CONTENT SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF ANTICIPATED PROFIT, LOSS OF BUSINESS, ECONOMIC LOSS, OVERHEAD RECOVERY, ANTICIPATED SAVINGS, LOSS OF DATA, DEPLETION OF GOODWILL OR OTHERWISE OR ANY COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE
5.3 NOTHING IN THIS DISCLAIMER SHALL OPERATE TO EXCLUDE OR LIMIT THE LIABILITY OF NADS FOR FRAUDULENT MISREPRESENTATION OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE
6 INDEMNITY
6.1 You agree to indemnify NADS and keep NADS indemnified in full against any and all losses, liabilities, costs, claims, demands, expenses and fees (including but without limitation legal and other professional fees), actions, proceedings, judgements awarded and damages suffered or incurred by NADS arising out of or in connection with your connection to the Site and use of the information and content placed on the Site.
7 OWNERSHIP OF SITE CONTENT
7.1 The ownership of and sole rights to obtain the ownership of the content placed on the Site shall at all times be vested in NADS.
7.2 You may not modify, reproduce or distribute the content placed on the Site or use any trademarks associated with the Site or NADS without the prior written consent of NADS.
7.3 You may download one copy of the content of the Site for your own personal use or that of your company only but you may not in so doing remove any trademark, copyright or other proprietary notice.
8 INTERACTIVE FACILITIES AND REGISTRATION
8.1 The Site may provide facilities including feedback forms or email, and discussion forums allowing you to interact with NADS and other visitors to the Site. To gain access to such facilities you must register with NADS by accepting the "Terms of Use".
8.2 To register on the Site, you will be asked to submit personal information about yourself such as your name and email address. Whenever you provide such personal information, we will collate and use such information in accordance with our "Privacy Policy" which you should read in full before providing NADS with any personal information.
9 TERMINATION OF YOUR USE OF THE SITE
9.1 NADS may terminate your access to and use of the Site at any time and for any reason without notice to you.
10 GOVERNING LAW
10.1 If any provision of this Disclaimer is found to be invalid, illegal or unenforceable for any reason by any competent authority or a court of law, the remaining terms of this Disclaimer shall continue in full force and effect.
10.2 This Disclaimer shall be governed by and construed in accordance in all respects with English law and in the event of any dispute regarding the content of the Site you shall submit to the exclusive jurisdiction of the English Courts.
TERMS OF USE
NATIONAL ASSOCIATION OF DISABLED SUPPORTERS ("NADS")
Date of last revision: 26th August 2008
IMPORTANT – PLEASE READ CAREFULLY BEFORE PLACING ANY MESSAGES OR CONTENT ON THE WEBSITE
YOU ARE PERMITTED TO PLACE INFORMATION ON THE WEBSITE ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET OUT BELOW.
BY SENDING A FAN’S COMMENTS FORM YOU INDICATE ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS.
YOU SHOULD, THEREFORE, READ THE TERMS AND CONDITIONS CAREFULLY BEFORE SENDING YOUR COMMENTS.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW, YOU SHOULD NOT PROCEED TO PLACE ANY INFORMATION ON THE WEBSITE
1. GENERAL USE
Any use of the site is subject to the following terms and conditions and use of the site constitutes agreement to these terms and conditions from the date of first use.
2. INTERACTIVE SERVICES - REGISTRATION AND CONTINUED USE
1. Certain sections of the NADS website require you to register before using those sections. By registering on the Interactive Services (Fan’s Comments) section of the National Association of Disabled Supporters (“NADS”) website (“the Site”), you (the “User”, “You”, “Your”) signify that You have read, understood and agreed to be bound by these terms of use (“Terms of Use”).
2. Your registration for Fan’s Comments and use of the Site is entirely at NADS discretion. NADS reserves the right to refuse an application for registration and / or suspend or terminate Your use of the Site without giving You notice or reason (including, but not limited to, in the event that You breach any of these Terms of Use).
3. You must provide accurate, current and complete information when prompted by any registration forms on the Site
4. NADS reserves the right, to change, modify, add or delete sections of these Terms of Use at any time without further notice. If NADS does change the Terms of Use such changes will be indicated at the top of the page. It is Your responsibility to regularly check these Terms of Use and review any changes and / or amendments. NADS will indicate at the top of this page the date these Terms of Use were last revised.
5. Your continued use of the Site and Fan’s Comments after any such changes will constitute Your acceptance of the new Terms of Use. If You do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.
6. NADS has the right to review the Site and delete or remove, without notice any Site content or User Content (as defined below) at NADS’s sole discretion for any reason, including any User Content that in the sole judgment of NADS breaches these Terms of Use, or which may be considered offensive, illegal, or that may infringe the rights, harm, or threaten the safety of others.
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3. AUTHORISED USERS OF THE SITE
3.1 This Site is intended for users who are 18 years of age or older. If you are aged 18 or under, please get your parent/guardian's permission before you provide personal information to the NADS website. The Fan’s Comments services are intended solely for users who are 18 years of age or older.
3.2 Any registration to use the Fan’s Comments by anyone under 18 is unauthorised, unlicensed and in breach of these Terms of Use.
3.3 By registering and using the Site for Fan’s Comments, You represent and warrant that You are 18 years old or over and that You agree to abide by all of the terms and conditions of these Terms of Use.
4. YOUR RESPONSIBILITIES
4.1 In consideration for NADS allowing You to access the Site including, but without limitation, anyfeedback and email interactive services located within the Site You agree that:
(a) You are solely responsible for any material and content that You upload, publish or display (“Post”) on the Site, or transmit or share with other users (“User Content”).
(b) You are solely responsible for ensuring the accuracy, validity and completeness of any User Content or information which You place on the Site or otherwise make available via the Site;
(c) You will ensure that any information which is made available by You on the Site is free from all viruses, data bombs or any other computer code, file or programme designed to interrupt, destroy or limit the functionality of any software or hardware;
(d) any User Content which You Post on the Site or transmit via the Site will not:
(i) be incorrect, inaccurate, deliberately misleading, illegal, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, invasive of any other person's privacy, embarrassing, hateful, racially or otherwise offensive;
(ii) infringe the intellectual property rights or other legal rights of any person including, but without limitation, any copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material;
(iii) depict images or content of graphic or gratuitous violence;
(iv) depict images or content of a pornographic or vulgar nature; and / or
(v) make threats of any kind or that intimidates, harasses, or bullies anyone.
(e) When using the Site You represent, warrant and undertake that you will not:
(i) use information or content obtained by You on in a manner not authorised by these Terms of Use;
(ii) Post or share any personally identifiable or private information of any third party;
(iii) breach any national or international law that would encourage or provide instructions for a criminal offence;
(iv) use the Site to send or make available any unsolicited or unauthorised advertising or promotional materials including but not limited to “junk mail”, “spam” or “chain letters”;
(v) impersonate any person or entity or otherwise misrepresent Yourself, Your age or Your affiliation with any person or organisation;
(vi) solicit passwords or personal information from anyone, including those under 18 (eighteen);
(vii) engage in any predatory or stalking conduct or activities; and/or
(viii) Post, transmit or share User Content on the Site that You did not create or that You do not have permission to Post, transmit or share.
NADS reserve the right to terminate Your access to the Site and/or Fan’s Comments at any time and without notice in the event that NADS suspect You of committing any of the activities outlined above and to inform the relevant authorities if we believe You are in breach of any relevant laws or regulations
(f) You agree to allow NADS to make copies of Your User Content as is necessary in order to facilitate the Posting and storage of the User Content on the Site.
(g) By Posting User Content on the Site, You automatically grant, and You represent and warrant that You have the right to grant to NADS an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use, copy, publicly display, re-format, translate and distribute such User Content for any purpose.
(h) You may remove Your User Content from the Site at any time. However You acknowledge that NADS may retain archive copies of Your User Content.
(i) Subject to the rights granted to NADS herein, You retain full ownership of Your User Content and any intellectual property rights or other rights associated with Your User Content.
(j) It is Your responsibility, to create backup copies and replace any User Content You Post or store on the Site.
5. SITE CONTENT
5.1 All content on the Site and available through the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, (“Site Content”), is the property of NADS or NADS’s licensors with all rights reserved.
5.2 No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without NADS’s express prior written permission, except that this restriction does not apply to Your own User Content that You legally Post on the Site.
5.3 Except for Your own User Content, You may not upload or copy or republish the Site Content on any other internet, intranet or extranet site or incorporate the information in any other database or compilation, save that You solely are granted a license to access and use the Site and the Site Content and to download or print any part of the Site Content to which You have authorised access solely for your personal, non-commercial use, provided always that all copyright notice and other proprietary notices are followed.
5.4 Any use of the Site or the Site Content other than as specifically outlined within these Terms of Use, without the express written permission of NADS, is prohibited and will automatically terminate any license granted to You and prevent any future license being granted to You. Any such unauthorised usage of the Site or Site Content by You may also breach applicable laws including copyright and trademark laws and applicable communication regulations and statutes, and any such breach of any such regulations by You may leave You liable to prosecution under such legislation.
5.5 NADS reserve the right to terminate Your access and usage to the Site and Site Content at any time without notice and with or without cause.
6. THIRD PARTY CONTENT
6.1 NADS allows You to upload and share user generated content with other individuals. This means that You may Post and share original photographs and videos that are of a personal nature that: (a) are of You or Your friends; (b) are taken by You of You or Your friends. It is not intended as a place to for You to Post third party copyrighted content.
6.2 You may not: (a) upload or share content other than original works that are created by You or another user; (b) Post or share any Content that infringes upon or violates the copyright, trademark or other rights of any third party; or (c) attempt to circumvent any content filtering techniques that NADS utilise from time to time.
6.3 NADS is not responsible for the conduct of our users or visitors to the Site.
6.4 The Site may contain links to other websites from time to time (“Third Party Sites”), as well as other content or items belonging to or originating from third parties (“Third Party Materials”). Such Third Party Sites and Third Party Materials are not examined, monitored or checked for accuracy or appropriateness by NADS, and NADS are not responsible for any Third Party Sites or Third Party Material Posted on or available through the Site, including but not limited to the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or Third Party Materials. For the avoidance of doubt inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party materials does not imply and is not intended to imply approval or endorsement by NADS in any way.
6.5 If You decide to leave the Site and access Third Party Sites or to use or install any Third Party Materials, You do so at Your own risk.
7. DATA PROTECTION AND CONFIDENTIAL INFORMATION
7.1 By using the Site You agree to adhere to the terms and conditions outlined in NADS Privacy Policy (the “Privacy Policy”) which can be found on the Site under ‘Privacy’ and is located on the footer menu of the home page.
7.2 You should not send any confidential information or proprietary information to NADS or place any confidential or proprietary information on the Site or transmit it via the Site. Any information submitted by You shall become the property of NADS and You grant to NADS the right to use that information subject to the terms of the Privacy Statement
7.3 By sending information to NADS, placing information on the Site and transmitting information via the Site You grant to NADS an unrestricted, irrevocable licence to use, display, reproduce, transmit and distribute such information.
7.4 You further agree that NADS and any visitors to the Site are free to use any concepts, know-how or ideas associated with the information you provide.
7.5 The provisions of the Freedom of Information Act (as amended) may apply to both NADS and / or You. In the event that NADS receives a request pursuant to the Freedom of Information Act requesting the disclosure of information provided by You to NADS (whether on the Site, via the Site or otherwise) You agree that regardless of whether or not You are a person to whom the provisions of the Freedom of Information Act apply, NADS shall be entitled to disclose such information unless it has legitimate grounds pursuant to the Freedom of Information Act to decline to disclose the information in question.
8. DISCLAIMERS
8.1 Regardless of the source of any information provided on the Site or via the Site, NADS does not guarantee:-
(a) the accuracy, validity or completeness of information which is available;
(b) that any such information does not breach any intellectual property or other rights of any person; nor
(c) that any such information will be free from viruses, data bombs and the like.
8.2 NADS is not responsible or liable in any manner for any User Content or any Third Party Materials Posted on the Site. Although NADS provide rules for user conduct and Postings, NADS do not control and are not responsible for what users Post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any User Content or Third Party Materials.
8.3 The Site may be unavailable from time to time for maintenance or other reasons. NADS assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorised access to, or alteration of user communications.
8.4 NADS is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email, technical problems or traffic congestion on the internet, including injury or damage to users or to any other person’s computer, mobile phone or other hardware or software, relating to or resulting from using or downloading materials in connection with the Site. Under no circumstances will NADS be responsible for any loss or damage, including any loss or damage to any User Content, resulting from Your use of the Site, and any User Content or Third Party Materials, Posted on or through the Site or transmitted to users, or any interaction between users of the Site, whether online or offline.
8.5 Reference to any products, services, companies, suppliers or otherwise on the Site does not constitute or imply any endorsement or sponsorship by NADS or affiliation with NADS unless expressly stated.
8.6 The Site and all materials and applications contained within the Site are provided “as is” and NADS disclaim any and all representations and warranties, whether express or implied, including fitness for a particular purpose, and NADS do not promise any specific results from use of the Site. NADS do not warrant that any software, content or materials on the Site are accurate, complete, reliable, current or error free or that the Site are free of viruses or other harmful components, You should therefore exercise caution in the use and downloading of any such content or materials and use appropriate software to detect and protect against viruses.
8.7 You understand and agree that use of the Site and any downloading of content, material, data or software from the Site is at Your own discretion and risk and that You will be solely responsible for Your use thereof and any resulting damage to Your computer system or other equipment or any other harm of any kind that may result.
8.8 NADS are not responsible for the conduct of any user of the Site.
8.9 Information available on the Site is intended for general consumption only and does not constitute advice or recommendations. As such, You should not rely on such information when making any business specific or other decisions.
8.10 NADS reserves the right to monitor all materials placed by You on the Site and to remove any information which in NADS’s absolute discretion is perceived to be in breach of these Terms of Use.
9. LIMITATION OF LIABILITY
9.1 NADS shall not be liable to You for any loss of profit, loss of anticipated profit, loss of business, economic loss, overhead recovery, anticipated savings, loss of data, depletion of goodwill or otherwise or any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) whether direct or indirect, which arises out of or in connection with Your use of the Site.
9.2 Nothing in these conditions shall operate to exclude or limit the liability of NADS for fraudulent misrepresentation or death or personal injury caused by NADS’s negligence
9.3 Notwithstanding anything to the contrary contained herein, NADS’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to NADS for use of the Site, but will not in event exceed the sum of £1,000.
10. NOTIFICATION PROCEDURE
10.1 If You become aware of any User Content or any activity that You believe infringes upon any of these Terms of Use, please send a written notification to the address at the foot of this clause 10 including the following information:
a) Identify in detail of the infringing activity or User Content;
b) Identify of the URL and specific location on the Site of the alleged infringing materials, or outline in detail the activity of any user which is causing You concern;
c) Include Your name, mailing address, telephone number and email address.
10.2 If You believe that Your own copyrighted work is accessible on Your NADS in violation of Your copyright please send a written notification to the address at the foot of this clause 10 including the following information:
a) Identify in detail the copyrighted work or intellectual property right that You claim has been infringed;
b) Identify the URL and specific location on the Site of the alleged infringing materials;
c) A statement by You that the information contained in Your notification is accurate and that you attest under the penalty of perjury that You are the copyright owner or that You are authorised to act on the copyright owner’s behalf;
d) Include Your name, mailing address, telephone number and email address.
10.3 Upon receiving a notification from You NADS will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim.
10.4 You accept that You may be liable for damages, including court costs and legal fees, if You materially misrepresent that content on NADS Site is infringing your or any third party’s intellectual property rights.
10.5 If You believe Your own copyrighted material has been removed from NADS Site as a result of misidentification, You may submit a written counter notification to the address at the foot of this clause 10 including the following information:
a) Identification of the material that has been removed or details and the location at which the material appeared before it was removed or disabled;
b) A statement under penalty by perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c) A statement by You that You will accept and deal directly with any claims or future claims, proceedings brought against You from the party that filed the written notification.
d) Include Your name, address and telephone number
10.6 All notices should be sent to
National Association of Disabled Supporters (NADS)
PO Box 2909
Reading
RG1 9LD
Email: info@nads.org.uk
10.7 Upon receipt of any such written notification NADS will investigate any such alleged breach and take the necessary action as deemed appropriate by NADS. NADS reserves the right to inform the relevant authorities where NADS believe any illegal act may have been or is currently being undertaken.
11. TERMINATION
NADS may terminate Your access/membership to the Site and/or Fan’s Comments and delete any User Content of information Posted by You and / or prohibit You from using or accessing the Site for any reason at any time at NADS sole discretion, with or without notice.
12. INDEMNITY
You agree to indemnify and hold NADS harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content You Post or share on the Site, Your use of the Site, Your conduct in connection with the Site or other users of the Site, or any violation of these Terms of Use or any law or the rights of any third party.
13. ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the entire agreement between You and NADS regarding the use of the Site, superseding and terminating any prior agreement or understanding between You and NADS relating to Your use of the Site.
14. WAIVER
A failure or delay in exercising any right or remedy provided under these Terms of Use by NADS does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
15. REMEDIES
The rights and remedies provided in these Terms of Use are cumulative and (subject as otherwise provided in these Terms of Use) are not exclusive of any rights or remedies provided by law.
16. SEVERABILITY
In the event that any term, condition, provision or clause of the Terms of Use shall be found to be unenforceable or made void by any statute, regulation or order or by the decision or order of any Court having jurisdiction, the remaining terms conditions and provisions shall remain in full force and effect.
17. NO PARTNERSHIP OR JOINT VENTURE
Nothing in the Terms of Use shall constitute or be construed as constituting a partnership or joint venture between You and NADS or shall authorise either party to enter into contractual relationships or incur obligations on behalf of the other party.
18. CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999
An entity which is not expressly a Party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded.
18. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of England and You agree to submit to the exclusive jurisdiction of the English courts.