2. Access and use
4.1 Any information or data you transmit, post on or submit via this Website shall belong absolutely to Keswick Mountain Festival and, except for personal data, will not be confidential. The information may be used by Keswick Mountain Festival for any purpose including, but not limited to, reproduction, licensing, assignment, disclosure to third parties, distribution, broadcasting, transmission or otherwise at Keswick Mountain Festival’ absolute discretion (according to and subject to The Data Protection Act – https://www.keswickmountainfestival.co.uk/privacy-policy-cookies
4.2 You hereby irrevocably and unconditionally assign to Keswick Mountain Festival (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to such material (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created). You agree, in such, circumstances, that you are not entitled to any compensation from Keswick Mountain Festival or any of its associated companies.
4.3 You are prohibited from posting, transmitting to or submitting via this Website any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or (ii) for which you have not obtained all necessary licences and/or approvals; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or (iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.5 The use of this Website is only for lawful purposes, in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website: (i) to harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction; or (ii) to impersonate any person or entity, falsely state or otherwise misrepresent you affiliation or relationship with any person or entity or disguise the origin of any content; (iii) to collect store and/or identify private or personal information of a user.
4.6 We reserve the right to monitor, suspend, restrict or terminate your access to this Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.
4.8 Whilst “we”, the owner, endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of this Website or for the failure to update the information contained on this Website.
4.9 This Website may contain information and materials that third parties have provided to us or to any forum or chat room we have set up (“Third-Party Content”). We do not independently verify Third-Party Content, makes no representation as to its accuracy, and assumes no responsibility or accepts any liability (to the extent permitted by any applicable law) for your use of the Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use. Any forum or chat room we may provide is intended as a service to its members and the general public and if we give you the opportunity to display, post, stream, submit, transmit and/or exchange your ideas, information, opinions, works (including but not limited to photographs, images, video, creative works or other information, messages, transmissions or material to or with us, on the Website or toothers (“Post” or “Postings”) we do not endorse any Posting and it does not reflect the views of Keswick Mountain Festival or any of its associated companies.
4.10 Submissions by visitors to this Website, including feedback data such as questions, comments, suggestions regarding the content of the material on this Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that Keswick Mountain Festival or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of Communication to the Public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5. Copyright and Other Intellectual Property
5.1 The names, images and logos identifying Keswick Mountain Festival and any of Keswick Mountain Festival’ associated companies or third parties and their events, programmes, products and services are proprietary marks of Keswick Mountain Festival, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of Keswick Mountain Festival, its associated companies or any other third party.
5.2 This Website contains material that is derived in whole or in part from material supplied and owned by Keswick Mountain Festival and from other sources. All copyright, trade marks and other intellectual property rights in this Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of Keswick Mountain Festival or Keswick Mountain Festival’ licensors. You agree that you do so only for your own personal, noncommercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without Keswick Mountain Festival’ prior written permission.
6 Links to and from other websites
6.1 Keswick Mountain Festival does not control and is not responsible for the availability or content of any third party websites or material you access through this Website. Links to third party websites on this Website are provided solely for our convenience. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Keswick Mountain Festival does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
6.2 Keswick Mountain Festival is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.3 You may create links to this Website provided you have first entered into our Website linking licence (please contact us further on [email protected])
6.5 To the extent permitted in law, Keswick Mountain Festival disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from this Website.
6.6 Links do not imply that Keswick Mountain Festival endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Keswick Mountain Festival or any of its affiliates or licensors.
7 Competition Standard Terms
7.4 All entries must be made in the entrant’s own full name. Where applicable, Keswick Mountain Festival will only issue prize cheques made payable in the winner’s name as given to Keswick Mountain Festival at the time of entry.
7.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by Keswick Mountain Festival on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:
(i) midnight for entries by email and/or online; or
(ii) 5pm for entries by post or other method; or
(iii) midnight for entries by telephone or SMS (unless on live or as-live programming; or
(iv) as may be otherwise directed in respect of competitions on live or as-live programming;
7.6 Where competitions are by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.
7.7 One entry per household unless expressly stated otherwise in the relevant specific terms.
7.8 There are no prize substitutions or cash alternatives and the prizes are not transferable. Keswick
Mountain Festival reserves the right to select an alternative Winner and award the prize to another entrant in the event that:
(i) it has reasonable grounds for believing that an entrant has contravened any term or condition of entry;
(ii) a Winner has changed address to one outside of United Kingdom, Eire, the Channel Islands or the Isle of Man after the closing date;
(iii) it is unable to contact the Winner within 24 hours of selecting the Winner;
(v) it does not receive confirmation of the Winner’s address as may be requested within 24 hours.
7.9 Keswick Mountain Festival will have sole and absolute discretion as to whether to accept any entry and Keswick Mountain Festival may rely upon its own records and information in determining whether contestants are eligible to receive a prize.
7.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, Keswick Mountain Festival’s decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.
7.11 A winner will generally be notified either by email, telephone or post within 14 days of the relevant closing date or such other times as may be specified by Keswick Mountain Festival in its absolute discretion.
7.12 Subject to confirmation by Keswick Mountain Festival of the Winner’s address as may be requested, the Winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.
7.13 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. Keswick Mountain Festival shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
7.14 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by Keswick Mountain Festival and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winner’s are advised to obtain all necessary travel insurance, obtain any necessary medical advise for their trip and confirm all necessary travel documents, including a passport, prior to any travel.
7.15 Keswick Mountain Festival shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result. 7.16 To the extent permitted in law, Keswick Mountain Festival shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.
8.1 While Keswick Mountain Festival endeavours to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. Keswick Mountain Festival does not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Keswick Mountain Festival reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to any events materials, products, programmes, programs, services or prices described in the Website at any time without notice.
8.2 The material on this Website, including but not limited to the information, names, images, pictures, logos and icons relating to this Website, Keswick Mountain Festival and/or any of Keswick Mountain Festival’ associated companies, events, programmes, products and services (or to third party programmes, products and services) is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.3 Keswick Mountain Festival does not warrant (and none of its associated companies warrant) that the functions contained in this Website will be uninterrupted or error free or that any defect will be corrected or that this Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. Keswick Mountain Festival does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. Keswick Mountain Festival may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time without notice or liability.
9 EXCLUSION AND LIMITATION OF LIABITY OF KESWICK MOUNTAIN FESTIVAL
9.1 Subject to 9.3, Keswick Mountain Festival, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Keswick Mountain Festival’ associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with
(i) this Website in any way; or
(ii) the materials on or removed from this Website;
(iii) your acceptance or use of any prize in any of our competitions;
(iv) the use, inability to use or the results of use of this Website;
(iv) any websites linked to this Website or the material on such websites.
9.2 Clause 9.1 applies but is not limited to loss or damage due to communication-line failure, delay in operation or transmission, destruction, network or system outage, theft, unauthorized access, viruses or corrupt files that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. This shall apply even if Keswick Mountain Festival or any of its associated companies or licensees have been notified of the possibility of any damage.
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act1977); or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability, which cannot be excluded or limited under applicable law.
9.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.5 Without prejudice to any of the provisions in this paragraph 9, the liability of Keswick Mountain Festival shall not exceed the amount, if any, paid by you to access this Website.
10 YOUR RESPONSIBILITIES AND INDEMNITY
10.1 By transmitting, posting on or submitting via this Website any materials you:
(ii) warrant all information provided by you to Keswick Mountain Festival is true, accurate and up to date in all respects;
(iii) warrant your contribution is your own original work and you have the right to submit it and assign to Keswick Mountain Festival all rights in it and it will not infringe the rights of any third party or breach any laws; and
(iv) irrevocably waive any moral rights in your submission.
11 Law and jurisdiction
11.3 Keswick Mountain Festival neither warrants or represents that materials on this Website will not infringe any third party rights. Keswick Mountain Festival makes no representation that the materials in the Website are appropriate or available for use in other locations and other countries. If you choose to access the Website from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.
12 Your Feedback and Complaints