These Terms and Conditions govern your use of The Wild Swim website (the “Website”) and your relationship with OSS Trading Ltd (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Website. If you have any questions on the Terms and Conditions, please contact firstname.lastname@example.org
1.1 The Website is provided to you for your personal use subject to these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include the Sale of Goods Terms.
Before using any information on this site, please read the swim responsibility statement below. By using any material on the Wild swim map you confirm that you have read and understand the swim responsibility statement and accept its terms.
SWIM RESPONSIBILITY STATEMENT
The Outdoor Swimming Society, OSS Trading Ltd and those posting swim sites on wildswim.com are not able to assume legal responsibility for swimmers
While we are always keen to share our passion for outdoor swimming, all swimmers must be solely responsible for making their own assessment as to the risks involved in any particular swim.
Swims posted on this site are not vetted by the Outdoor Swimming Society, OSS Trading Ltd and any other named individual, and no insurance is in place.
The Outdoor Swimming Society and OSS Trading Ltd have no control or influence over those who post information on this site.
The decision to swim at any location must therefore be taken individually, and swimmers must not rely (in whole or in part) on views or information posted on www.wildswim.com
If you are in any doubt about the safety of a swim or your ability to complete it, you should not take part.
Further, to the maximum extent permitted by law:
the Outdoor Swimming Society and OSS Trading Ltd
Please browse the OSS website for:
Risks inherent in outdoor swimming, which include hypothermia, drowning, injury, sickness.
Further (but not comprehensive) information on precautions to be taken before and during an outdoor swim.
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Website. The changes will apply to the use of the Company Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
We do not claim any right of ownership in any comments, sightings, reviews, files, photos, or any other material that you post on the Website ("Content"). After posting your Content on the Website you will continue to retain all your intellectual property ownership rights in such Content and you continue to have the right to use your Content in any way you choose.
By posting Content on the Website you hereby grant to us a non-exclusive license to use, modify, publicly display, reproduce and distribute such Content on the Website or on any other Wild Swim product such as a book. The license you grant us is (i) non-exclusive which means you are free to license your Content to any one else, (ii) (ii) fully paid up and royalty free which means you will not be paid for the use of your Content on the Website or any other product, (iii) sub-licensable.
You are solely responsible for the Content posted by you and all other material you transmit to us or other [members] users of the site. You represent and warrant that (i) you own the Content posted by you on the Website or have the right to post the Content on the Website (ii) the Content does not infringe the privacy rights, publicity rights, intellectual property rights or any other rights of any person (iii) the Content does not breach any right of confidence (iv) the Content is not libelous or obscene (v) the Content is not in breach of the Official Secrets Act or any other similar legislation or otherwise unlawful (vii) that if followed any recipes or instructions included in the Content will not cause any harm to any person.
You agree to indemnify us and our affiliates against any loss or damage or expense we or our affiliates suffer or incur as a result of you being breach of any of the above warranties. This means that you will be responsible for the loss or damage we suffer as a result of you being in breach of your warranties to us.
We may delete any Content at any time for any reason including but not limited to where the Content is offensive, infringes the rights of any third party, threatens the safety of any person or is otherwise unlawful. We will not be required to give you any reason for deleting such Content or enter into any dialogue with you. Our decision will be final.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Content which:
The following is a partial list of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate action against anyone who in our sole discretion violates these provisions, including but not limited to reporting you the relevant law enforcement authorities. Prohibited activity includes, but is not limited to:
You may not post, modify, distribute, or reproduce on the Website any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent. If you believe your copyright has been copied in a way that constitutes infringement please click on the "Report" link on the relevant page.
As we only act as a host for what is a creative platform for the exchange of bird sightings, photos and related comments and we do not review Content. Accordingly, we operate a "notice and takedown" procedure. If you believe the Website contains a defamatory statement please notify us by clicking on the "Report" link on the relevant page. Once this procedure has been followed, we will make all reasonable efforts to remove the defamatory content complained about within a reasonable time.
This agreement represents the entire agreement between us relating to its subject matter, meaning that no other terms expressed or implied apply or govern your contractual relationship with us.
This agreement shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English Courts.