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Funding Information North East (FINE) Subscriber Agreement
Terms and Conditions of Use
This is a Licence Agreement for access to the North East Guide to Grants for
Voluntary Organisations online database.
You must have this Licence Agreement, signed by an officer of your Organisation
and send it to FINE along with your payment before you are allowed access to the
database. The words You and Your in this agreement refer to your organisation,
not the individual who signs this agreement on the organisation's behalf.
Through this Subscriber Agreement, Funding Information North East will allow
access to and use of the database as set forth above. All use of the database
is governed by the terms and conditions set forth herein.
1. Fees And Payment
1.1 Your annual subscription fee must be fully paid before you will be provided
access to the database.
1.2 You agree to pay all fees and charges incurred in connection with your subscription.
For a list of current subscription rates contact FINE or visit www.fine.org.uk
Subscriptions are non-refundable, except as provided herein. FINE may change subscription
rates in the normal course of business. In that case, you will be notified of
the new rates (if any) in the FINE annual renewal notice, which you will receive
prior to the end of your subscription term.
2. Usage Rights
2.1 Throughout the Term FINE grants you the non-exclusive and non-transferable
rights to:
2.1.1 Access the database through its website in order to search the database
and view, retrieve and display portions thereof;
2.1.2 Print out single copies of limited portions of the database.
3. Limitations On Use
3.1 You may not:
3.1.1 Remove or alter the authors' names or FINE copyright notices or other means
of identification or disclaimers as they appear in the database.
3.1.2 Systematically make printed or electronic copies of multiple extracts of
the database for any purpose.
3.1.3 Display or distribute any part of the database on any electronic network,
including, without limitation, the Internet and World Wide Web.
3.1.4 Use all or part of the database for any commercial use, meaning any use
of the database for the purposes of monetary reward (whether by you or any other
person or entity); by means of sale, resale, loan, transfer, hire, or other form
of exploitation.
3.1.5 Intentionally distribute the whole or any part of the database.
3.1.6 Alter, abridge, adapt or modify the database.
3.2 You must obtain the written permission of FINE in order to:
3.2.1 Publish, distribute, or make available works based upon the database, or
works which combine the database with any other material.
3.3 Nothing in this Agreement shall limit your rights to make fair use of the
database, as that term is defined under UK Copyright Legislation.
3.4 You shall use reasonable efforts to protect the database from any use that
is not permitted under this Agreement and shall notify FINE of any such use of
which you become aware. In the event of any unauthorised use of the database FINE
shall have the right to immediately terminate your access to the database. Any
failure to fulfil your obligations under this Section shall be considered a material
breach of the Agreement.
4. Acknowledgment And Protection Of Intellectual Property Rights
4.1 You acknowledge that all copyrights, trademarks and other intellectual property
rights relative to the database (collectively the FINE Intellectual Property),
are the sole and exclusive property of FINE and that this Agreement does not convey
to you any right, title, or interest therein except for the right to use the database
in accordance with the terms and conditions of this Agreement.
4.2 The provisions of this Section 4 shall survive the termination of the Agreement
for any reason.
5. Disclaimer Of Warranties And Force Majeure
5.1 FINE makes no representations or warranties, expressed or implied, of any
kind, including, without limitation, any implied warranty of merchantability or
fitness for a particular purpose or use, with respect to any aspect of the database
or the online availability of the database. FINE does not warrant that the database
will be accurate or complete, nor does it make any warranties as to the results
to be obtained from use of the database. You expressly agree that your use of
the database is at your sole risk. Accordingly, FINE will not in any way be liable
to you or to any other person or entity for any inaccuracies, errors, omissions
or delays in the database, regardless of cause, or for any damages (whether direct
or indirect, or consequential, punitive, special or exemplary, including, but
not limited to, loss of profits), resulting therefrom, regardless of cause and
regardless of whether or not FINE has been advised of the possibility of such
damages. Notwithstanding the foregoing, in the event that FINE is deemed liable
in any manner, then such liability, whether arising from contact, warranty, negligence
or otherwise shall, in no event, exceed that amount you have paid for your use
of the database during the preceding three (3) month period. You further agree
that no action, regardless of form, arising from or pertaining to the database
may be brought by you against FINE more than one (1) year after the event giving
rise to such action that has occurred.
5.2 FINE shall not be responsible for any failure to perform any obligation under
this Agreement due to Acts of God, war, riot, embargoes, acts of civil or military
authorities, fire, flood, typhoon, wind storm, snow storm, blizzard, hurricane,
or other cause that is outside the control of FINE.
5.3 FINE shall not be responsible for any failure to access the database due to changes
to your email address. It is your responsibility to notify FINE immediately of
any changes so that appropriate action may be taken
5.4 The signatory of this Agreement represents and warrants to FINE that they
have the power and authority to execute this Agreement on behalf of the organisation
indicated below, which agrees to be bound by all terms and conditions herein.
6. Term, Termination
6.1 This Agreement shall commence upon FINE's receipt of the original, signed
copy of this Agreement with the required payment and shall remain in full force
and effect for one (1) year. Thereafter, this Agreement may be renewed for successive
one (1) year periods, in accordance with this Agreement and subject to the payment
of all subscription fees.
6.2 In the event that you commit a material breach of this Agreement FINE may,
at it's election, terminate this Agreement and/or exercise all rights and remedies,
which may be available to it in law or equity.
6.3 FINE may terminate this Agreement and the Licence granted hereunder at any
time. In the event that FINE terminates this Agreement for reasons other than
your breach of this Agreement, you will be refunded the pro rata portion of any
subscription fees you have paid.
6.4 Upon termination of this Agreement you agree to continue to adhere to the
provisions of this Agreement relating to any of FINE's Intellectual Property.
7. Changes To Agreement
7.1 FINE may change, add or remove portions of this Agreement at any time, but
if it does so, it will notify subscribers of all changes and make a link to the
changed Agreement available through a link from the Login page indicating Terms
and Conditions. You should check this link each time you access the Website. Your
continued use of the database shall be deemed your consent to such changed terms.
8. Limitations And Assignment
8.1 This Agreement may not be assigned without the written consent of FINE, and
such purported assignment shall be null and void.
9. This Agreement shall be governed by the law of the United Kingdom (England)
without regard to principles of conflict of laws.
10. Entire Agreement, No Oral Modifications, No Waiver
10.1 This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements (whether written or oral)
relating to the subject matter of this Agreement.
11. Privacy Policy
11.1 FINE will not share email addresses with anyone outside FINE nor disclose
user information to any third party. FINE aims to protect online customer information
in the same manner that we protect our customer information collected through
other means.
________________________________________________________________
Agreed and Accepted :
Name of Organisation: ________________________________________________
Signature of Authorised Person: ________________________________________
Printed name of Authorised Person: _____________________________________
Date: _________________________ |