Legal Notice © 2010 The Cumberland Pencil Company Derwent House, Jubilee Road, Lillyhall Business Park, Workington, Cumbria, CA14 4HS
This legal notice applies to the entire contents of this World Wide Web Site under the domain name(s) www.derwent-artprize.
Intellectual Property: The phrase “Intellectual Property” means all copyright, know-how, confidential information, technical information, trade secrets, business names, trade marks, service marks, business or trade names, patents, petty patents, utility models, design rights (whether registerable or otherwise), semi-conductor topography rights, database rights, all rights in the nature of unfair competition rights or rights to sue for passing-off and any other intellectual property rights whether registered or unregistered or any application therefore subsisting anywhere in the world from time to time or any other property.
Unless stated otherwise, all product names, designs, logos, titles, text, images, audio, video, software or other content (“Content”) within this Site are the Intellectual Property of The Cumberland Pencil Company or its licensors and any relevant trade marks used are the property of their respective owners. Subject to the “Use of this Site” section below, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of The Cumberland Pencil Company Intellectual Property displayed on the Site without the written permission of Cumberland Pencil Company. “All proprietary information, software, graphics, files, logos and trademarks received or transmitted electronically are the property of The Cumberland Pencil Company and further distribution or downloading of such information does not confer any rights on any other person or Company.
“Use of this Site:The Cumberland Pencil Company maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download Content on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the Content.
You may not, however, distribute, modify, transmit, reuse, re-post, or use any or all of the Content for public or commercial purposes without The Cumberland Pencil Company prior written permission. Changes periodically are made to the Content on this Site.
Limitation of Liability: You will appreciate that as we are providing this Site to you free of charge, the Site is provided on an “as is” basis and The Cumberland Pencil Company cannot give any warranties in connection with the Site. Accordingly, to the maximum extent The Cumberland Pencil Company is permitted by law, The Cumberland Pencil Company provides you with the Site on the basis that The Cumberland Pencil Company excludes all representations (except fraudulent representations), warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the Site. The Cumberland Pencil Company also excludes all responsibility for any amount or kind of loss or damage that may result to you or a third party as a result of providing the Site, including but not limited to loss or damage due to viruses 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 sites linked to the Site.
Cumberland Pencil Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of The The Cumberland Pencil Company holding companies, subsidiaries or affiliated companies (“Affiliates”) and the officers, directors, employees, shareholders or agents of any of them shall not be liable in connection with the Site in any way (or in connection with the use of, performance of, or your browsing in, or your links to, other sites from this Site), for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data , contracts, and whether or not advised of the possibility of such damages and whether in tort (including negligence), contract or otherwise. However, nothing in this legal notice shall exclude or limit The Cumberland Pencil Company liability for fraud or for death or personal injury caused by its negligence.
Unaffiliated Products and Sites: Descriptions of, or references to, products, publications or sites not owned by The Cumberland Pencil Company or its Affiliates do not imply endorsement of that product, publication or site. The Cumberland Pencil Company has not reviewed Content on sites other than the Site and is not responsible for it. The Cumberland Pencil Company disclaims responsibility for all representations made or implied in relation to products, publications or sites not owned by Cumberland Pencil Company. Your linking to any other sites is at your own risk.
Communication with this Site: You shall not post or transmit any statement, material or content that is unlawful, obscene, indecent, libellous, pornographic, seditious, offensive, defamatory, threatening, abusive, liable to incite racial hatred, discriminatory, menacing, threatening, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or for which you have not obtained all necessary licences and/or approvals or which may cause annoyance or inconvenience. You also agree that any postings or transmissions you make shall not 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 enforceable in, any part of , any part of the United Kingdom, the European Union, the United States or the Commonwealth. You must also not transmit any technically harmful postings or transmissions to or through this Site (and such shall include but not be limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse (which shall include but not be limited to hacking). The Cumberland Pencil Company will fully cooperate with any law enforcement authorities or court order requesting or directing The Cumberland Pencil Company to disclose the identity or locate anyone posting any such Content.
Consequences of postings: Any communication or Content you transmit to the Site by email or otherwise, including, but not limited to, any data, questions, comments, suggestions, is and will be treated as, non-confidential and non-proprietary. The Cumberland Pencil Company cannot prevent the “harvesting” of information from the Site, and you may be contacted by The Cumberland Pencil Company or unrelated third parties, by email or otherwise, within or outside of the Site. Anything you transmit may be edited by or on behalf of ACCO Europe, may or may not be posted to this Site at the sole discretion of ACCO Europe and may be used by The Cumberland Pencil Company or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Cumberland Pencil Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
The Cumberland Pencil Company is under no obligation to monitor or review any discussion, chats, postings, transmissions, bulletin boards etc. on the Site. The Cumberland Pencil Company assumes no responsibility or liability for any action or communications by you or any unrelated third party within or outside of this Site.
Governing Law: This site was developed by The Cumberland Pencil Company in England. The Site shall be governed by, and your browsing in and use of the Site, is under and subject to the laws of England and under the exclusive jurisdiction of the English Courts. Notwithstanding the foregoing, the Site may be viewed internationally and may contain products or services not available in all countries or available in some countries only on other terms, including terms as to price. References to a particular product or service do not imply that The Cumberland Pencil Company intends to make such products or services available in such countries.
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