Terms & Conditions

Welcome to The Conch.com ("The Conch"). The Conch is a community-powered travel guide for people with a passion for the outdoors. ("The Service"). The Service allows users to post or submit their own content including images, text and audio clips ("User Submissions"). The Service includes any new features as provided from time to time by The Conch.

By using The Conch You agree to be bound by the following Terms and Conditions of Service ("The Terms"). The Conch reserves the right to amend these Terms at any time and from time to time without notice to You. Such amendments shall be effective upon posting by The Conch. The Conch advises all users ("You") to review these Terms periodically. If you do not agree to any of these terms then please do not use The Conch website.

Basic Terms

You expressly acknowledge and agree that when using The Conch:

You must be 16 years or older. When registering as a user of The Conch, You agree to provide true and accurate information about yourself and when necessary to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or The Conch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Conch has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for keeping your User ID and Password secure at all times. You will receive your User ID and Password upon completing the online registration. The Conch cannot and will not be liable for any loss or damage sustained by You as a result of failing to keep your User ID and Password secure. You use the Service at your own risk.
You are responsible for any User Submissions You post or submit to The Conch including any consequences of posting or submission. You are responsible for all activity that happens under your User ID. You agree that it is your responsibility to ensure that You exit from the Service at the end of each session. The Conch cannot and will not be liable for any loss or damage sustained by You or any other third party as a result of failing to terminate your user session.
You must not use The Conch for any illegal or unauthorised purpose. If You become aware of any use of your Password or User ID for any illegal or unauthorised purpose then You should notify The Conch immediately. The Conch has the right to suspend or terminate your account upon reasonable suspicion of illegal or unauthorised use of the Service. The Conch is not responsible for any loss or damage sustained by the user or any other third party as a result of any unauthorised user activity.
You agree at all times to comply with all applicable local laws including all copyright laws, any laws regulating online content and the transmission of technical data exported from the United Kingdom and the country in which You reside (if different from the aforementioned) and to fully indemnify The Conch for any and all loss or damage sustained by The Conch as a result of any breach of such local laws by You.
You must not create or agree to launch any automated system including but not limited to spy ware, worm, virus, spider, robot, Trojan etc or any similar data mining or extraction tools designed to access, corrupt, damage or undermine the functionality of any computer software or hardware or telecommunications equipment of The Conch, or any other user or Third party system used in the provision of this Service.
You must not collect or harvest any personally identifiable information including but not limited to User ID or Password information on any other user.
Apart from your own User Submissions, You must not use The Conch or its contents including but not limited to any other User Submissions or any user forum provided by The Conch for any commercial purposes whatsoever without the written permission of The Conch.
You must not create or agree to launch any unauthorised or unsolicited email advertisement, Spam or junk mail against The Conch or any other user or Third party system used in the provision of this Service.
You must not upload, post, email or otherwise transmit any User Submissions that are offensive, indecent, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, obscene, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable or unlawful.
The Conch is a friendly website. You must not for any means whatsoever use The Conch to intimidate, harass, threaten or impersonate any other users, person or entity or falsely state or otherwise misrepresent your affiliation with any other user, person or entity.
Apart from your right to exploit the Copyright that attaches to your specific User Submissions , You must not copy, sell, resell, distribute or otherwise exploit for any commercial purposes whatsoever any part of The Conch or its contents or other User Submissions without the prior written permission of The Conch and Owner of the User Submission .
Apart from amending or altering User Submissions posted or submitted by You, You must not alter or amend any part of The Conch or its contents without the prior written permission of The Conch.
You must not upload, post, email or otherwise transmit any Content that infringes the Intellectual Property Rights, Copyright or other proprietary rights of The Conch or any Third party.
Violation of any of the Terms and Conditions of this agreement may result in termination or suspension of your user account.

General Conditions

The Service

You acknowledge and agree that the Service is provided "as is" and "as available". The Conch is not responsible for the accuracy or integrity of the views expressed within any User Submissions nor does The Conch assume any responsibility whatsoever for user behaviour or for the failure to deliver or failure to store any User Submissions or other user information. You acknowledge that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Conch be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or submitted to the Service.

It is your responsibility to ensure that your system is able to access the Service safely and securely.

The Conch Privacy Policy

Registration Data and certain other information about You is subject to The Conch’s Privacy Policy. For more information, please see our full privacy policy. Contact: privacy@theconch.com

Rights of The Conch

The Conch reserves the right (but is not obliged) in their sole discretion to moderate or remove any Content that violates the Terms and Conditions of this agreement or is in its opinion deemed to be offensive, indecent, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, obscene, invasive of another's privacy, hateful, discriminatory or otherwise objectionable or unlawful.

You agree that The Conch may access, preserve, and disclose your account information and Content for the purpose of: (a) providing the Content to You in an efficient manner; (b) administering your use of the Service; and (c) complying with any legal data disclosure requirements as required from time to time; and (d) protecting the rights, property, or personal safety of The Conch, its users and the public.

User Submissions Posted To The Conch

Your User Submissions are subject the Terms and all subsequent versions of the Terms. It is your responsibility to check that your User Submissions correspond with these terms at all times. With respect to all User Submissions You post or submit for inclusion on The Conch, You grant The Conch a perpetual, world-wide, royalty free and non-exclusive licence to syndicate, reproduce, modify, adapt, translate and publish such Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed solely for the purpose of displaying, distributing and promoting the Service to which such Content was submitted. This licence exists only for as long as You elect to continue to include such Content on the Service and shall be terminated at the time You delete such Content from the Service. The Conch has no responsibility to delete your User Submissions from the Service if you subsequently cease using the Service.

Indemnity

You agree to indemnify The Conch and its subsidiaries, officers, agents other partners and employees against all costs including reasonable legal costs and other professional fees incurred in relation to any claim or demand against The Conch and its subsidiaries, officers, agents other partners and employees made by any third party due to or arising out of the User Submissions You post or submit to the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.

Your Copyright

The Conch assumes without liability that You hold full copyright and moral rights to use, reproduce, publish, sell, resell and claim authorship of the User Submissions that You post or submit to The Conch. You are free to licence your User Submissions to any other third party in addition to The Conch. Furthermore You represent and warrant that You hold full copyright and moral rights in relation to the User Submissions that You post or submit to The Conch and that such postings or submissions do not violate any Third party Intellectual Property rights.

Our Copyright

Apart from User Submissions, all other information including but not limited to images, data, text, software, audio clips, digital downloads, music, sound, photographs, graphics, video, messages and other audio visual materials and all other compilations and compositions of the foregoing is the property of The Conch. You may create a hypertext link to the home page or any part of TheConch.com providing that the link does not fraudulently misrepresent The Conch or otherwise mislead or offend the public.

Intellectual Property

TheConch.com and all other marks including registered trademarks, logos, image rights, registered designs, patents obtained and pending including any goodwill attaching to the name of The Conch Limited or its subsidiaries are the Intellectual Property of The Conch Limited ("The Conch Intellectual Property"). You agree not to display or use in any manner The Conch Intellectual Property without the express permission of the Owners of The Conch Limited. All other Intellectual Property Rights not owned by The Conch Limited or its subsidiaries that appear on The Conch are the Property of their respective owners. We will review all claims of copyright infringment and remove any material which has been posted or submitted in violation of such copyright. If you suspect that your intellectual property rights have been infringed then you must contact The Conch at: copyright@theconch.com

Please include:

a brief description of the copyrighted work claimed to have been infringed, including the url of the copyrighted work
a brief description of the infringing material submitted to The Conch
your contact information including address, telephone number and email address
A physical or electronic signature of the copyright owner or a person authorised to act on behalf of the copyright owner together with a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright holder or that you are the copyright holder

Deletion And Storage Of Content

The Conch has no responsibility or liability for the deletion or failure to store any User Submission or other Content including user communications maintained or transmitted by the Service.

Modifications To Service

The Conch may at its sole discretion (in whole or in part) modify or discontinue the Service with or without notice. The Conch shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

Termination

Notwithstanding any other term or condition of this agreement, The Conch reserves the right to suspend or terminate your user account for any breach or persistent violation of the Terms and Conditions of this agreement and may also terminate your user account for lack of use of the user account.

Please report any violations of the Terms and Conditions to The Conch at: userservices@theconch.com.

You acknowledge that The Conch reserves the right to log off accounts that are inactive for an extended period of time.

Links

The Service may provide links to other Web sites. The Conch is not responsible for the availability of such Web sites nor is The Conch responsible for the content of or for the quality of goods and services provided by such external Web sites and shall not be liable for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Web site.

Disclaimers

You agree that your use of the conch is entirely at your own risk. To the fullest extent permitted by the law the conch disclaims all warranties or representations whether express or implied. The Conch makes no warranty or representation that the service provided by The Conch is complete or accurate and assumes no liability or responsibility for the quality of information provided by the service, interruptions or terminations to the service, ensuring that the service will be provided securely, error free or in a timely fashion or that the results obtained from the service will be accurate or reliable. Any material downloaded or otherwise obtained through using the site is done so entirely at your own risk.

Limitation Of Liability

Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the Conch.

Notice

Notices to You may be made via email, or by link on The Conch.

General Information

The Terms constitute the entire agreement between You and The Conch and govern your use of the Service, superseding any prior agreements between You and The Conch. The Terms and the relationship between You and The Conch shall be governed by the laws of England. You and The Conch agree to submit to the exclusive jurisdiction of the English courts. Any failure by The Conch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.