Wildswim.com terms & conditions
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. Use of the Website
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.
1.2 Statement regarding safety of swimmers and limiting liability of map posters, OSS Trading Ltd and supporters of the wildswim.com map
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
Wildswim.com, OSS Trading Ltd, companies supporting wildswim.com 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 wildswim.com, OSS Trading Ltd or any other named individual, and no insurance is in place.
Wildswim.com and OSS Trading Ltd have no control or influence over those who post information on this site.
Conditions change and abilities vary, and the safety profiles of swim spots change over time.
By swimming outdoors you are at heightened risk of serious injury and harm, including hypothermia, drowning, sickness and injury (for example from wildlife, other swimmers or underwater debris).
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:
Wildswim.com and OSS Trading Ltd
- each individual acting on behalf of wildswim.com and OSS Trading Ltd and
- any person involved in posting or supporting wildswim.com
- exclude any liability for personal injury, death or other harm or loss to its members or any other person or organisation as a result of their negligence or other breach of legal duty.
UNDERSTANDING RISK: A location that appears ‘safe’ for a strong outdoor swimmer can be perilous for a weak, acclimatised or non-swimmer. A location that has a good safety profile one day may be perilous the next as a result of (for example) heavy rain, or, conversely drought and lower water levels. Swimmers are encouraged to add and develop hazard information around locations.
Wildswim.com is supported by The Outdoor Swimming Society – the ‘Survive’ section of the OSS website provides further (but not comprehensive) information on risks and how to moderate them. https://www.outdoorswimmingsociety.com/category/features/survive/
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.
3. Content ownership
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.
4. Your license to us
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 and on www.outdoorswimmingsociety.com 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.
7 Our right to delete content
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.
8. Content which Is prohibited
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Content which:
- is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains images of nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information;
- provides any telephone numbers, street addresses, postal codes, or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated e-books or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent;
- any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter; Despite this prohibition information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, and we assume no responsibility or liability for this material.
9. Activity which is prohibited
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:
- criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. Covering or obscuring the banner advertisements on the Website via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website;
- attempting to impersonate another Member or person;
- using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose or selecting a profile with a commercial purpose as one of your friends; or
- using the Website in a manner inconsistent with any and all applicable laws and regulations; If you become aware of any misuse of the Website please contact us by clicking on the "Report" link on the relevant page or use the Contact Us page.
10 Copyright policy
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.
11 Defamatory material
We only act as a host for what is a creative platform for the exchange of swim location information, 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 "Contact Us" 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. The map editor, a volunteer from the Outdoor Swimming Society, checks in once a week, not daily.
12 Entire Agreement
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.
13 Governing law and jurisdiction
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.