The Yellow Canary Cafe (hereinafter referred to as ‘We’ or ‘Us’). In these terms, references to ‘You’ or ‘Your’ will mean you, person visiting the Site. We set out the following terms and conditions to govern Your use of the Site. You are referred specifically to Clause 14 (Law and Jurisdiction) herein as local legislation and legal codes do not apply to these Terms.
You should read the terms carefully and ensure that You understand their effect before proceeding to use the Site. If You disagree with any part of the terms, please do not use the Site. By using our Site or agreeing to these terms and conditions, You expressly agree to be bound by these terms.
1.1 You may view and download Site pages for caching purposes only. You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal, non-business use and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than this.
1.2 You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
1.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
1.4 You must not establish a link to our Site in any website that is not owned by You.
1.5 Our Site must not be framed on any other site, nor may You create a link to any part of our Site other than the home page without express permission in writing. We reserve the right to withdraw linking permission without notice.
1.6 The content and software on this Site is the property of The Yellow Canary Cafe and/or its suppliers/ licensors and is protected by UK and international copyright laws.
Changes to our Site
2.1 We will update our Site from time to time, and change the content at any time. However, please note the content on our Site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee our Site, or any content on it, will be free from errors or omissions.
Changes to our terms
3.1 We reserve the right to make modifications to these terms at any time without notice by posting the changes on this page. You agree that The Yellow Canary Cafe will treat Your continued use of the Site as acceptance these terms may be amended from time to time.
Prohibited use of the Site
4.1 The following uses of the Site (and the material on the Site) are strictly prohibited:
(a) Any sale, sub-licensing, rental, distribution, public exploitation and any republication (including republication on another website), posting, framing, reverse engineering or modification of or creation of derivative works from the Site.
(b) You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(c) You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious computer software or spyware.
(d) You must not conduct any data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without The Yellow Canary Cafe express written consent.
(e) Other than as permitted on the Site, You must not use the Site to transmit or send unsolicited commercial communications. You must not use the Site for any purposes related to marketing without our express written consent.
4.2 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities.
Intellectual Property & Ownership
5.1 Unless otherwise stated, The Yellow Canary Cafe or its licensors are the exclusive owners of all Intellectual Property Rights and material on the Site which are copyright protected and reserved to The Yellow Canary Cafe. Under no circumstances should any part of the Site or materials be reproduced, copied, re-sold, edited, published, transmitted or uploaded or passed on for free use by You in any way without The Yellow Canary Cafe prior written permission. Except as expressly stated in the limited licence provision of these terms, The Yellow Canary Cafe does not grant any express or implied right to You under any of its trademarks, copyrights or other proprietary information. When using the Site, if You publish any user-generated-content (‘UGC’) via the Site by way of uploading and posting text, links, images, trademarks, logos or videos or contributing to publicly accessible areas of the Site, You automatically grant:
(a) to The Yellow Canary Cafe, the unlimited worldwide rights to use that UGC as they see fit in connection with The Yellow Canary Cafe and their subsidiaries, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels; and,
(b) to each The Yellow Canary Cafe Customer, a worldwide, non-exclusive, royalty-free licence to access Your UGC through The Yellow Canary Cafe, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of The Yellow Canary Cafe and under the terms of Clause 5. (‘IP Licences’)
‘Publicly accessible’ areas of the Site are intended by The Yellow Canary Cafe to be available to all The Yellow Canary Cafe customers. There are additional services available to Site account holders, You will be given the opportunity to open an account as and when required.
5.2 Unless terminated (or suspended) for reasons set out in the terms here or elsewhere or unless The Yellow Canary Cafe no longer providing the The Yellow Canary Cafe services to You, the above IP Licences granted by You terminate when You remove or delete Your UGC or deactivate/ cancel Your Account.
5.3 The Yellow Canary Cafe does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of uploading and posting it. The Yellow Canary Cafe does not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the IP Licences set out in Clause 5.1 (a) and (b).
Privacy & Confidentiality
7.1 The Yellow Canary Cafe does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it.
7.2 The Site and its content are delivered on an ‘as-is’ and ‘as-available’ basis. The Yellow Canary Cafe cannot ensure that files You download from the Site will be free of viruses or contamination or destructive features.
7.3 The Yellow Canary Cafe will not be liable for any Losses of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. The Yellow Canary Cafe disclaims any and all liability for the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site.
Hyperlinks & Search Results
8.1 The Site may contain hyperlinks or produce search results that reference or link to third party websites throughout the World Wide Web. These are provided for Your ease of reference only and The Yellow Canary Cafe does not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against The Yellow Canary Cafe for any Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website.
9.1 We do not warrant or represent:
(a) the completeness, validity or accuracy of the information published on our Site;
(b) that the material on the Site is kept up-to-date; or
(c) that the Site or any service on the Site will remain available. We reserve the right without liability to You, to discontinue or alter any or all of our Site services, and to stop publishing our Site, at any time in our sole discretion without notice or explanation.
9.2 To the extent permitted by law, We exclude all conditions, warranties (including also any implied warranties of merchantability and fitness for a particular purpose), representations or other terms which may apply to our Site or any content on it, whether expressed or implied.
Limitation of Liability
10.1 Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere under these terms and conditions are subject to Clause 10.1; and, govern all liabilities arising hereunder, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise.
10.3 To the extent that our Site and the information and services on our Site are provided free of charge, We will not be liable for any loss or damage of any nature.
10.4 We will not be liable to You for any losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Site; or
(b) use of or reliance on any content displayed on our Site; or
(c) event or events beyond our reasonable control.
10.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our Site or to Your downloading of any content on it, or on any website linked to it.
10.6 We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.7 We will not be liable to You in respect of any special, indirect or consequential loss or damage.
If it turns out that a particular Clause is not enforceable, this will not affect any other Clauses.
Third Party Rights
These terms govern the relationship between the You and The Yellow Canary Cafe and do not create any third party beneficiary rights.
Law & Jurisdiction
All of these terms are governed by English Law and any disputes arising in relation to these terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.
You can contact our Customer Services in writing at:
The Yellow Canary Cafe, 12 Fore Street, St Ives, TR26 1AB, By Telephone: 01736 797118
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