Terms And Conditions
Access to and use of the Imperial Leisure Ltd site (ImperialLeisure.com or any sites that lead/point to it) (hereinafter referred to as "this site") is provided by Imperial Leisure Ltd ("us" or "we") subject to these Site Terms. ("us" or "we") subject to these Site Terms.
Your use of any part of this site constitutes your acceptance of these Site Terms, which take effect on the date on which you first use this site. We reserve the right to change these Site Terms at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of the amended Site Terms.
Whilst we endeavour to make this site available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.
Any information found on this site is intended for general guidance only. If you would like advice specific to your circumstances, please contact us. We may change this site and anything described in it without notice to you.
Whilst we endeavour to ensure that information on this site is correct, no warranty, express or implied, is given as to its accuracy. Except for death or personal injury resulting from our negligence, we shall not be liable or any damages or losses (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.
We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this site or your downloading of any material.
You shall not submit any material or information to us or to this site which is in any respect in breach of any statute, regulation or by law of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene or indecent.
You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to this site.
We accept no responsibility for the content of any site to which a link from this site exists. The links are provided as is with no warranty, express or implied, for the information provided within them.
If you have any questions, comments or suggestions about the way in which we use your personal data, please e-mail us: hello[at]imperialleisure.com
We are committed to protecting your privacy. We will only use the data which we collect about you lawfully in accordance with the Data Protection Act 1998.
We own and control the data collected on our site, which we may use for our internal marketing and to improve our site. We do not disclose this data to third parties, unless required by law or court order or to enable third parties to provide certain services to us, for example web hosting. However, we will at all times control and be responsible for that use of your data.
We collect your personal data, which you voluntarily submit to us, for example when you complete a form on our site. We may use this data to provide you with newsletters and other information which you may have requested. We will only send you information using the data collected on our site when you request it.
We take appropriate steps to protect your data both online and off-line. We use firewalls to protect the information on our servers.
We use IP addresses to analyse trends, administer our site and track your movements whilst on our site. IP addresses do not supply us with personally identifiable data.
Our site may contain links to other sites. Please note that we are not responsible for their privacy practices.
Changes to this privacy statement
We may change this statement at any time by posting revisions on our site. Each time you enter this site, you agree that the privacy statement current at that time shall apply to all data which we hold about you.
By using our site, you consent to our use of your personal data in the manner set out in this privacy statement.
Unless otherwise stated, the copyright and any other rights in all artwork, pictures, images, graphics, text and materials (together "Materials") on this site and the design, layout, look and appearance of this site are owned by us. You are permitted to use and download such Materials or extracts from this site, subject to all of the following:
Your use of this site and the Materials on this site is for your information or personal use only. You may not use this site or such Materials for any commercial purpose without our express prior written consent.
You must not in any way modify any such Materials, except as we expressly permit.
You may not index, crawl or spider the site. No part of this site or the Materials on it may be reproduced or stored in any form or media without our prior written permission.
Any rights not expressly granted in these terms are reserved.
Third Party Products and Services
This Site mentions third party products and services for informational purposes. Imperial Leisure Ltd and its suppliers make no recommendations or endorsements about any third party products or services.
LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL IMPERIAL LEISURE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF IMPERIAL LEISURE OR REPRESENTATIVE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
UGC CONTENT TERMS
Thank you for considering this request.
When you post and/or tag any social media content on social media sites (such as Instagram or Facebook) ("Content"), we may request your permission to use this Content. By accepting our request it is hereby agreed between Imperial Leisure and you (“Contributor” or “You”):
"Content" means the photos and written materials (and/or other related materials) created and delivered by Contributor to Imperial Leisure hereunder;
"Intellectual Property Rights" means all intellectual property rights, in whatever media, including without limitation, copyright, trademarks, image rights, so-called “Moral Rights” and rights of privacy;
"Imperial Leisure" means Imperial Leisure Limited, the brand partner for #LeisureStory;
"#LeisureStory" means the project for which the Contributor is delivering materials hereunder.
GRANT OF RIGHTS
2.1 Contributor hereby grants to Imperial Leisure a perpetual non-exclusive licence of all rights in the Content throughout the world to use on Imperial Leisure's social media channels and on its blog. For the avoidance of doubt, such license to the Content shall survive any termination of this Agreement.
2.2 To the fullest extent legally possible in each country of the world, Contributor hereby irrevocably waives all Moral Rights in and to the Content in relation to all uses thereof by Imperial Leisure and Imperial Leisure, and its licensees or assignees.
2.3 Imperial Leisure shall where practicable for each format, use its reasonable endeavours to cause copyright notices relating to the Content to be displayed to end users when such Content is exhibited by Imperial Leisure. Each copyright notice shall, so far as reasonably practicable for each format, be displayed in the following format: “(c) [Year of first publication] [name of Contributor]”.
2.4 To the maximum extent permitted by law, Contributor explicitly releases, discharges and holds harmless Imperial Leisure, its affiliates, subsidiaries, successors and assigns, and their respective directors, officers, employees, shareholders, attorneys, representatives and agents from any and all liability, actions, causes of action, damages (whether actual, incidental or consequential), claims and demands whatsoever in law or equity, including all costs, which s/he now has or may assert, including but not limited to, those with respect to or in any way arising from Contributor’s participation in #LeisureStory, including, without limitation, liability for personal injury, death or illness arising out of #LeisureStory.
Contributor acknowledges and agrees that the self-promotional opportunities made available to Contributor hereunder by way of publicity and exposure constitute sufficient consideration for Contributor’s services and the products of such services provided to Imperial Leisure (including without limitation the Content) in relation to this Agreement.
4.1 Each party warrants and covenants to the other party that it has the right and power to enter into and fully perform all of its obligations under this Agreement; it will comply with all applicable laws in the performance of its obligations hereunder; and, it shall bear and pay any and all governmental taxes, duties and customs of any kind, however designated, levied or based in any way upon its own performance of this Agreement or the sale, acquisition, communication or resale of any Content.
SPECIFIC WARRANTIES AND REPRESENTATIONS
4.2.1 YOU WARRANT AND REPRESENT TO Imperial Leisure THAT: ALL CONTENT IS ORIGINAL: Subject to the provisions below, all Content and material used or appearing in the Content is your own original work (or, where Contributor is a company, the original work of your employees). For the avoidance of doubt, you warrant that you are the sole owner of all copyright and other Intellectual Property Rights in all Content (unless otherwise notified in writing to Imperial Leisure before the Content is delivered).
4.3 Contributor hereby indemnifies Imperial Leisure (together with its associated, subsidiary and affiliated companies) and shall hold it harmless from and against any and all liability, loss, damages, costs, legal costs and disbursements, professional and other expenses of any nature whatsoever incurred or suffered by it, arising by reason or in consequence of any breach by Contributor of any of the representations, warranties or obligations of Contributor set out in this Agreement.
5.1 If any provision of this Agreement shall be determined by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless continue in full force and effect.
5.2 Contributor agrees that in the event of any default of any of the terms of this Agreement by Imperial Leisure (or any third party), Contributor's only remedy will be an action at law for damages actually suffered by Contributor (if any) and in no event shall Contributor be entitled to rescind this Agreement or to receive any injunctive or other equitable relief or to restrain the distribution, exhibition, advertising or other exploitation of any Content acquired by Imperial Leisure hereunder or of any rights granted or assigned under this Agreement.
5.3 All rights and obligations hereunder shall be construed and interpreted in accordance with the laws of England and Wales and the Courts in London shall be the sole court of competent jurisdiction.