These govern your use of the website, its Intellectual Property, Data Protection and Cookies
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Frank Brehany, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Frank Brehany and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Frank Brehany and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use:
1. All Content included on the Website, unless uploaded by Users, is the property of Frank Brehany, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. The Trademarks of www.frankbrehany.com include:
2. Frank Brehany™;
3. Frank in the Media™;
4. Flexible, Reliable, Engaging™;
5. Frankly Speaking!™;
6. Campaigning Friends™;
7. CreatingRipples Podcast™;
8. Frank Brehany's Guide to™;
9. The Frank Brehany Guide to™;
10. Consumers, Campaigning, Commentating;
3. Web-Scraping, Web-Harvesting, Web-Data Extraction, Screen-Scraping or any other definition of these activities either by software, algorithm or manual processes from the content of the Website for reproduction in any form will be considered a breach of copyright and a breach of the exclusive distribution and operational channel of the Website. The Website engages in the investigation and inquiry into Consumer issues and the results of that activity is found in the Commentary and Articles published on the Website; that Commentary & Articles presents development and financial opportunities for the Website and such activities will be deemed to not only be a breach of our Intellectual Property Rights but also potentially leading to lost development or revenue opportunities. Any such activity will be considered to be computer fraud, abuse, damage and loss, interference with our business relations, trespass, harmful access by computer, algorithm, misappropriation, unjust enrichment and unauthorised access to the Website; this list of breaches is not intended to be exhaustive.
4. All Commentary and Articles contained on the Website or within the posts made through the Social Networks of Twitter, Instagram, YouTube or any other Social Network source, or Commentary through Radio, Press or TV Production, in support of the content and work of this Website is date sensitive. It is important to remember that by its very nature, as the Commentary or Articles on this website or social networks is time sensitive, it cannot be wholly or in part relied upon as it is very likely to be subject to change. The Commentary or Articles on this website or social networks is designed to initially highlight issues and to aid your understanding & research on any subject matter. Any content on this website or social networks does not take the place of formal legal advices. It is important therefore to take heed of these terms and conditions and carry out full research and take appropriate legal advices before taking any form of action or legal action. If you fail to do so, then you may well lose your rights provided by Law. All information contained within or through external sources reflects the information at the time the Commentary or Article was published. Please note that all reasonable care is taken in the production of our Commentary or Articles and all information should be checked through external verifiable sources; the right to Fair Comment is relied upon. No reliance should be placed on our Commentary or Articles and that the User agrees to check all information before making any economic or other decisions.
5. You may, for your own personal, non-commercial use only, do the following:
1. retrieve, display and view the Content on a computer screen or mobile device;
2. print one copy of the Content
6. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the express written permission of Frank Brehany.
7. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, algorithms, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. Where crimes are suspected, the User will be reported to the relevant Authorities and any content submitted by the User will also be supplied to the relevant Authorities without recourse to the User.
8. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person, injury to Frank Brehany or injury to the operations of www.frankbrehany.com; and that you will indemnify Frank Brehany for all claims resulting from Content you supply.
9. You may not use the Website for any of the following purposes:
1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
11. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
12. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
13. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites:
14. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Frank Brehany or that of our affiliates.
15. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers:
18. Any online facilities, tools, services or information that Frank Brehany makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Frank Brehany is under no obligation to update information on the Website.
19. Whilst Frank Brehany uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
20. Frank Brehany accepts no liability for any disruption or non-availability of the Website.
21. Frank Brehany reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability:
22. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
24. To the maximum extent permitted by law, Frank Brehany accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.
25. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
26. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
28. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
29. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
30. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
31. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Frank Brehany details:
32. Frank Brehany of 'The Laurels', Buckholt, Monmouth, NP25 5RZ, Wales operates the Website www.frankbrehany.com.
You can contact Frank Brehany by email on firstname.lastname@example.org.
33. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk) with the exception of Clauses 2, 3, 4, 5(1),: (“or mobile device”), 7, 8 & 10 (amendments to 7, 8 & 10), which were drafted by Frank Brehany for and on behalf of www.frankbrehany.com