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Use by users (“you”/”your”) of www.inthehole.co.uk (“the Site”) constitutes acceptance by you of the following terms of use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use, you may not use the Site.

Copyright and Trademarks
The Site is owned and operated by 'In The Hole'("us"/”our”/”we”) and the information and materials appearing on the Site ("the Content") are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement there of and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

Modification of any of the Content or use of any of the Content for any purpose other than as set out here in (including without limitation on any other website or computer network) is prohibited. If you breach anyof the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to the Permissions Department at the address set out below. All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.

We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us via e-mail, using our Contact Form

Links to third party websites
The Site may from time to time include links to third party Internet websites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by us of the websites linked or referred to, nor do we have any control over the content of any such websites. Further, we have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the Site, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.

Liabilitydisclaimer
WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THE SITE ON AN ‘AS IS’ BASIS ONLY. YOU ACCEPT THAT ACCESS TO THE SITE MAY BE SUSPENDED AT ANY TIME AND WITHOUT NOTICE IN THE CASE OF SYSTEMS FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONS WHAT SOEVER,INCLUDING FOR REASONS BEYOND OUR CONTROL.

WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION ,RELIABILITY, COMPLETENESS OT TIMELINESS OF THE CONTENT OR SERVICES AVAILABLE ON THE SITE OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. FURTHER, ANY OTHER PARTY(WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) INCLUDING THE OFFICERS, EMPLOYEES, CONSULTANTS ORAGENTS EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR ANY THIRD PARTY (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 INTERPRETATION AND WHETHER IN TORT (INCLUDING WITHOUT NEGLIGENCE) CONTRACT, WARRANTY OR OTHERWISE IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES (INCLUDING LOGIC BOMBS, TROJAN HORSES, WORMS, HARMFUL COMPONENTS, CORRUPTED DATA OR OTHER MALICIOUS SOFTWARE OR HARMFUL DATA)THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE OR ANY WEBSITES LINKED TOTHE SITE. FURTHER, WE EXCLUDE ALL LIABILITY AND RESPONSIBILITY AS SETOUT ABOVE WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSOR DAMAGE. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:-(A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (ASSUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR
(B) FRAUD;OR
(C) MISPREPRESENTATIONAS TO A FUNDAMENTAL MATTER; OR
(D) ANY LIABILITY WHICH CANNOT BE EXCLUSED OR LIMITED UNDER APPLICABLELAW.IF YOUR USE OF THE CONTENT ON THE SITE RESULTS IN THE NEED FORSERVICING, REPAIRING OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA YOUASSUME ALL COSTS THEREOF.

Your account

If you have an account with us then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer.  You agree to accept responsibility for all activities that take place under your accountand/or passwords. Other than personally identifiable information about you, which is covered under the terms of our privacy policy any material you transmit or post to the Site shall be considered non-confidential and non-proprietary.  We shall have no obligations with respect to such material.  We and designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied there in for any and all commercial or non-commercial purposes.  You are prohibited from posting or transmitting to or from the Site any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, libel to incited racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which make cause annoyance orinconvenience; or
  2. for which you have not obtained all necessarylicences and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to thelaw of or infringe the rights of any third party, in the UK or any other Country in the world; or
  4. which is technically harmful (including without limitation, computer viruses,logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
  5. which facilitates your misuse of the Site (including, without limitation, hacking)
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

Advertisements The Site may contain advertisements by third parties, and these advertisements may contain links to other websites.  Unless otherwise specifically stated, we do not endorse any product or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.

Indemnity
You agree to indemnify and hold us, our officers, employees, agents,consultants, licensors and suppliers, harmless from and against anyclaims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resultingfrom or alleged to result from, your use of the Content of the Site ina manner that violates or is alleged to violate these terms of use.  We shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense,in your defence of any such claim.

Force Majeure
We will not be liable for any delay or failure in performance orinterruption of the delivery of the contents of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems,computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.

Severability and Waiver
If any provision of these terms of use is found to be invalid by anycourt having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any of these terms of use shall be deemed a further or continuing waiver of such term or any other term.

Access outside England

We are based in England.  Access to the Content of the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply withall local rules regarding on line conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.

Jurisdiction
Unless otherwise agreed in writing by us, these terms of use are governed by, and construed in accordance with English Law and you irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms of use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.

Changes to these terms of use

We reserve the right at our sole discretion to add to or change these terms of use. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

User information
We do collect information on what pages are accessed or visited by youand information volunteered by you, such as survey information and/or any site registrations. We use this information for internal review, inorder to improve the content of the Site and to notify you about updates to the Site. If you do not wish to receive e-mail from us in the future, or if you wish to be removed from our mailing lists, please let us know by sending an e-mail via our Contact Form or writing to 'In The Hole' using the address on our Contact Form. Without prejudice to the above, we shall at all times process yourinformation obtained via your access and use of the Site in accordance with our privacy policy

Our contact details

If you have any questions about these terms of use and/or the Site and/or us generally, please contact us by sending an e-mail using our Contact Form

 

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