Terms of Use:
The 'Terms and Conditions' of use for 'Toast and Trash'.
The Toast and Trash website (this 'Site') is operated by Prior Kain Limited, Park Farm,
Oak Lane, Llanellen, Abergavenny, Monmouthshire, NP7 9LD ('Prior Kain').
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using
this Site, you explicitly agree to comply with and be bound by the following Terms and
Conditions, which Prior Kain may change at any time in accordance with the Terms and
Conditions herein. Please review these Terms and Conditions periodically for changes.
If you do not agree with these Terms and Conditions then you are not authorised to use
this Site.
Ownership and copyright
Except as otherwise indicated, this Site, and all text, images, marks, logos and
other content contained herein ('Site Content'), is ©2007, Prior Kain Limited,
all rights reserved. All marks displayed on this Site (the
'Trademarks') are registered and/or common law trademarks of Prior Kain Limited
and/or the various third parties as named. Nothing contained on this Site may be construed as
granting, by implication, estoppel or otherwise, any license or right to use any
Trademark without the prior written permission of Prior Kain or such other party
that may own the Trademarks.
Use of this site
Prior Kain authorises you to view, download and print Site Content subject to the
following conditions: (i) you may only do so for your own personal and non-commercial
use; (ii) you may not modify the Site Content; (iii) any displays or printouts of
Site Content must be marked '©2007, Prior Kain Limited all rights reserved'; (iv) you may
not remove or modify any copyright, trademark, or other proprietary notices that
have been placed in the Site Content by Prior Kain; (v) you may not reproduce,
prepare derivative works from, distribute or display Site Content, except as provided
herein. Except as expressly permitted above, copying, transmission, reproduction,
republication, posting or redistribution of the Site Content or any portion thereof
is strictly prohibited without the prior written permission of Prior Kain. To request
permission, you may contact Prior Kain as follows:
Commercial Department
Park Farm
Oak Lane
Llanellen
Abergavenny
Monmouthshire
Wales. NP7 9LD
United Kingdom
Email: commercial@toastandtrash.com
You represent and warrant that your use of the Site Content will be consistent with
this license and will not infringe or violate the rights of any other party or breach
any contract or legal duty to any other parties, or violate any applicable law. You
expressly agree to indemnify Prior Kain against any liability to any person arising
out of your use of Site Content not in accordance with these Terms and Conditions.
You warrant that you are at least 14 years of age and possess the legal authority to
enter into this agreement and to use this Site in accordance with all terms and
conditions herein.
Users of the Site will not incur any charges for using the Site in accordance with
these Terms and Conditions. However, the Site contains links to third-party websites
which are operated and owned by independent service providers or retailers. Such
third-parties may charge a fee for use of certain content or services provided on
the website. Therefore, you should make whatever investigation you feel is necessary
or appropriate before proceeding with any transaction with any third party to
determine whether a charge will be incurred. Where Prior Kain provides details of
charges on the Site, such information is provided for convenience and information
purposes only. Prior Kain in no way guarantees that this information is correct nor
is it in anyway responsible for content or services provided on such third party
websites.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
PRIOR KAIN LIMITED. MAKES NO REPRESENTATION OF ANY KIND REGARDING THE SUITABILITY
OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. ALL SITE CONTENT IS
PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PRIOR KAIN
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES. PRIOR KAIN ALSO EXPRESSLY
DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY
CHARACTER OF THE SITE CONTENT. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT
PRIOR KAIN'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;
(II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY
WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING, YOU USE
THE SITE AT YOUR OWN RISK AND NEITHER PRIOR KAIN NOR THE PARTIES WHO PROVIDE
INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE
FOR ANY LOSS OR DAMAGE OF ANY SORT ARISING FROM YOUR USE OF THE SITE AND/OR SITE
CONTENT INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL
LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF
MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS
INTERRUPTION OF ANY TYPE, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SERVICE OR THIS SITE IN
ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF
THIS SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR INTENTIONAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Links to other sites
The Site contains links to third-party web sites. The linked sites are not under the
control of Prior Kain, and Prior Kain is not responsible for the contents of any
linked site. Prior Kain provides these links as a convenience, and a link does not
imply endorsement of, sponsorship of or affiliation with the linked site by Prior
Kain. Linked sites are owned and operated by independent retailers or service
providers, and therefore, Prior Kain cannot ensure that you will be satisfied with
their products, services or business practices. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any of these third parties.
Use of chat rooms, bulletin boards and other communications forums
The Site may contain and allow its users to submit material and/or post reviews of
their experiences with any product or service, as well as general postings of
messages and other communications in chat rooms, bulletin boards or other forums
('User Messages'). If Prior Kain provides such services, you expressly agree to use
such services only to send User Messages that are appropriate and that are related
to the topic of the particular forum. Prior Kain does not edit or control the User
Messages posted to or distributed on this Site including through any chat rooms,
bulletin boards or other communications forums, and will not be in any way
responsible or liable for such User Messages. Prior Kain nevertheless reserves the
right for any reason in its sole discretion to remove without notice any User
Messages and/or Site Content.
The following is a non-exhaustive list of the kind of User Messages that are illegal
or prohibited on the Site. Prior Kain reserves the right to amend this list at any
time and to investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation, removing
the offending communication from the service and terminating the right to use the
Site of such violators. It includes User Messages that:
- are patently offensive to the online community, such as content that promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
- involve the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- are defamatory or libellous;
- promote information that you know is false, misleading or promote illegal activities or promote conduct, or that is abusive, threatening, or obscene;
- promote an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- constitute or encourage 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 any country in the world; or
- engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
By posting or distributing User Messages on the Site you expressly grant Prior Kain and its affiliates an irrevocable right to make available such User Messages and such User Messages may be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Prior Kain from any claim arising out of or relating to your violation of this provision.
Notice and Take-Down Policy for illegal content
Prior Kain operates on a "notice and takedown" basis. If you have any complaints or
objections to material or content including User Messages posted on this Site, or
if you believe that material or content posted on this Site infringes a copyright
that you hold, please contact us immediately by following our notice and takedown
procedure. (View the Notice and Takedown Procedure).
Once this procedure has been followed Prior Kain will make all reasonable endeavours to remove illegal
content within a reasonable period of time.
Privacy
Any personal information you post on the Site will be used in accordance with our
privacy policy. (View our Privacy Policy).
Applicable law and jurisdiction
The Site (excluding links to third-party sites) is controlled by Prior Kain Limited,
and operated by Prior Kain Limited from its offices Llanellen, Monmouthsire, UK. By
publishing, accessing and/or using the Site, you and Prior Kain explicitly agree that
all disputes, claims or other matters arising from or relating to your use of this
Site will be governed by the laws of the United Kingdom, without regard to its conflicts of law
principles. You agree that all claims you may have against Prior Kain Limited arising
from or relating to the operation or use of this Site will be heard and resolved in
a court of competent jurisdiction located in Monmouthshire, UK. The foregoing shall
not apply to the extent that applicable law in your country of residence requires
application of another law and/or jurisdiction and this cannot be excluded by contract.
Modifications
Prior Kain may change, add or delete these Terms and Conditions or any portion
thereof from time to time in its sole discretion where it deems it necessary for
legal, general regulatory and technical purposes, or due to changes in the services
provided or nature or layout of the Site. Prior Kain will provide you with reasonable
notice of any changes. Thereafter, you expressly agree to be bound by any such
amended Terms and Conditions.
Prior Kain may change, suspend or discontinue any aspect of the Toast and Trash
service at any time, including availability of any feature, database or content.
Prior Kain may also impose limits on certain features and services or restrict your
access to all or parts of the Site or any other Toast and Trash web site without
notice or liability for technical or security reasons, to prevent against
unauthorised access, loss of, or destruction of data or where we consider in our
sole discretion that you are in breach of any provision of these Terms and Conditions
or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF TOAST AND TRASH NOW, OR FOLLOWING THE POSTING OF ANY SUCH
NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
General
If any part of these Terms and Conditions is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth 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 and Conditions shall continue in effect.
Prior Kain may, and you may not, assign, convey, subcontract or delegate rights,
duties or obligations under these Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Prior Kain as a result of these Terms and Conditions or use
of this Site.
These Terms and Conditions are available in the language of the Site. The specific
Terms and Conditions under to which you signify your agreement will not be individually
stored by Prior Kain.
The Site is not updated periodically or on a regular basis and consequently is not
required to register as editorial product under any relevant law.