Terms and Conditions
The website found at http://www.crockford.org.uk ("Website") is operated by Hymns Ancient and Modern Ltd on behalf of the Archbishops' Council (trading as Church House Publishing) of Church House, Great Smith Street, London, SW1P 3AZ, United Kingdom) ("we" / "us" / "our").
Please read these Terms and Conditions carefully before using the Website. By using the Website you indicate that you accept all of these Terms and Conditions, even if you do not subscribe to the Website. If you do not accept these Terms and Conditions, do not use the Website.
Furthermore, in order to access certain areas of the Website including clergy biographies and appointment histories for benefices ("Subscriber Areas"), you are required to subscribe by registering your details and paying a subscription fee. If you do subscribe, by completing the registration form and paying the subscription fee you agree to accept all of the terms set out below.
1. Introduction
1.1 You may access a number of areas of the Website without registering your details with us. By accessing any part of the Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions, you must leave the Website immediately.
1.2 We may revise these Terms and Conditions at any time by updating this posting. You should check the Website from time to time to review the then current terms, because it is binding on you. Certain provisions of these Terms and Conditions may be superseded or supplemented by expressly designated terms or terms located on particular pages at the Website.
1.3 In particular, we refer you to our Privacy Policy. www.crockford.org.uk/privacy
2. If you choose to subscribe
2.1 This paragraph 2 applies only if you subscribe to the Website.
2.2 If you subscribe, by completing the registration form and paying the subscription fee you agree to accept all of these Terms and Conditions.
2.3 A subscription allows you unlimited access to the Subscriber Areas for the period of one year from the date you subscribe, subject to these Terms and Conditions.
2.4 Unless you have purchased either an Institutional Licence or a Group Licence (in which case see paragraph 2.5 below), your subscription entitles you only to access the Subscriber Areas from any machine. This entitlement is not transferable by you, and you are not permitted to share your user name and password with any other person or with multiple users on a network.
2.5 If you have purchased a licence covering more than one machine:
(a) A “Group Licence” (available until 1 June 2015) subscription entitles you, or any users to whom you allow access, to access the Subscriber Areas, provided that no more than the maximum number of machines in respect of which your group licence applies (as specified when you purchase your Group Licence) shall be permitted to access the Subscriber Areas. Your group licence is not transferable to any other person or entity. Any users who access the Website using your user name and password shall, by using the Website, be deemed to have accepted all of these Terms and Conditions in the same way as any non-subscribing user.
(b) An “Institutional Licence” (available from May 2015) subscription entitles you, or any users to whom you allow access, to access the Subscriber Areas, provided that it is used only by staff, office holders, volunteers, students or members of the Institution for which is was purchased. Your group licence is not transferable to any other person or entity. Any users who access the Website using your IP authentication, EZ Proxy or admin account user name and password shall, by using the Website, be deemed to have accepted all of these Terms and Conditions in the same way as any non-subscribing user.
2.6 Responsibility for the security of any passwords issued rests with you. You must not and you will ensure any authorised user shall not:
(a) disclose your user name and/or password to any third party;
(b) do anything which would assist anyone who is not a subscriber to gain access to any Subscriber Area.
Furthermore, where you have purchased an Institutional Licence or Group Licence you must ensure that the user name and password which we issue to you for use on the licensed machines are not generally viewable or accessible by any unauthorised third party.
2.7 You are entitled to cancel your subscription and claim a refund of your subscription fee if you notify us in writing (by post or email) within eight working days following the date you subscribe, provided that you have not at that time accessed any of the Subscriber Areas (irrespective of the level or duration of access). You shall be entitled to cancel your subscription at any other time however you will not in such circumstances be entitled to a refund of your subscription fee.
2.8 We shall be entitled to cancel your subscription, immediately and without giving you any advance notice, and without refunding your subscription fee, where you are in breach of any of these Terms and Conditions. We will, however, refund your subscription fee (and your subscription shall automatically come to an end), where we are unable to provide you with access to the information contained within the Subscriber Areas for a continuous period of 60 days. In either case we will notify you of cancellation by emailing you at the email address which you provided when you subscribed.
2.9 Your subscription lasts for one year from the date you subscribe. We will write to you prior to expiry of that period to ask whether you wish to renew your subscription for the following year.
2.10 The current subscription fee is stated on the Website, and includes VAT. Our VAT number is 1074857 (for Hymns Ancient & Modern Ltd).
Licence
3.1 You are permitted to print and download extracts from the Website strictly for your own use only provided that:
(a) you do not modify any documents or related graphics on the Website;
(b) you do not download or print extracts from the Website in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website;
(c) our copyright and trade mark notices appear in all copies;
(d) you do no supply any extracts, material or information taken from the Website to any third party; and
(e) you do not make any commercial use of any extracts, material or information taken from the Website or otherwise use such information to canvass or seek charitable contributions from any individual(s) whose contact or other personal details are contained within such information.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms and Conditions, any use of extracts from the Website for any purpose (other than in accordance with paragraph 3.1 above) is prohibited. If you breach any of these Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.3 Subject to paragraph 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted in these Terms and Conditions are reserved.
4 Service access and termination
4.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period, except, where you have subscribed, to the extent provided for in paragraph 2.8.
4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5 Visitor material and conduct
5.1 Other than personally identifiable information, which is covered under the Privacy Policy www.crockford.org.uk/privacy any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights. You agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, immoral, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages 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 the UK or any other country in the world; or
(d) 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).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 We will 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 paragraph 5.2 or paragraph 5.3.
6 Links to and from other websites
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any Crockford's Clerical Directory, Archbishops' Council, Church House Publishing or Hymns Ancient & Modern Ltd logos and trading names;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us or present any other false information about us;
(e) you do not otherwise use any of our trade marks without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that would, if you posted it on the Website, render you in breach of paragraph 5.2 above.
6.3 We expressly reserve the right to revoke the right granted in paragraph 6.2 for breach of these Terms and Conditions and to take any action we deem appropriate.
6.4 You shall fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of paragraph 6.2
7 Disclaimer
7.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all 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 these Terms and Conditions might have effect in relation to the Website.
7.3 We do not warrant that the Website or its contents are virus free, and we accept no responsibility for any infection by virus or other technically harmful component, code or data.
8 Liability
8.1 We and our employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a 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 interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in these Terms and Conditions shall exclude or limit our liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9 Governing law and jurisdiction
9.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.