Legal Notice, Copyright Statement and Statement of Policy for njb.co.uk and related web sites

This document forms part of the set of policy statements for this site.  To view the main policy document - click here .

Definitions

In this document:

• The term 'Web Site' refers to any material published on the following domains owned by Nicholas J Birch: njb.co.uk, njb.me.uk, nickbirch.com, nickbirch.name, nickbirch.biz, nickbirch.info, nickbirch.me.uk, nickbirch.net, nickbirch.org, nickbirch.org.uk, cocking.org, cocking.org.uk, wellgoing.com, wellgoing.com, wellgoing.net, wellgoing.org, whoopsydaisy.org.uk and any other future branded domains
• The term 'copyright holder' means Nicholas J Birch.

Copyright Statement

All contents of this Web Site are copyright © 1951 - 2010 Nicholas J Birch, 'the copyright holder'.  All rights reserved.  No portion of this or related Web Site or sites may be reproduced in any form, or by any means, without prior written permission from the copyright holder.

1. Rules and Regulations

The following rules and regulations apply to all visitors to or users of this Web Site.  By accessing this Web Site, user acknowledges acceptance of these terms and conditions.

The copyright holder reserves the right to change these rules and regulations from time to time at its sole discretion.  In the case of any violation of these rules and regulations, the copyright holder reserves the right to seek all remedies available by law and in equity for such violations.  These rules and regulations apply to all visits to the copyright holder's Web Sites, both now and in the future.

2. Limited Licence

Please note that all material on this site - unless otherwise stated - is copyright © Nicholas J Birch, 1951 - 2009, and no words, photographs, games or graphic material may be used without the copyright holder's express permission.

The copyright holder hereby authorises you to copy materials published by the copyright holder on this Web Site solely for your own non-commercial personal use, subject to the conditions set out below.  In consideration of this authorisation, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. 

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent, trademark or copyright of the copyright holder or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT.  EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COPYRIGHT HOLDER. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3. Photography, Games and Graphics

FAQ about the use of Images and Photographs:

Q: What do you mean by copyright?
A: It means that the photographs, games and graphics on this site are the property of Nicholas J Birch
and cannot be used without permission.

Q: Can I download the photographs/games/graphics?
A: You may download the photographs/games/graphics and store them on your own machine for your own personal use - e.g. as a desktop wallpaper.  You are not allowed to download them onto a machine that you do not own, e.g. machines in a school, College, University, Library or Cybercafe etc., or load them onto a server.

Q: Can I distribute the photographs/games/graphics? e.g. send a friend a copy by email
A: They are for your personal use only, they must not be distributed, loaned, hired or sold to anyone else.

Q: Can I use your photography in a School/College project?
A: If you want to use the material in a school or college project, we would expect to be asked beforehand.  In some cases we will give permission, provided that the project is non profit making and the project does not involve publication on the Web, or distribution or publication in any other medium.

Q: Can I post the photos to Newsgroups?
A: You are not allowed to post the photos in Newsgroups,or any similar service.

Q: Can the photographs/games/graphics be used on a CD-ROM?
A: You are not allowed to distribute them on any storage media.

Q: Can the photographs be used in a screensaver?
A: The photos can be used to make a screensaver provided that the screensaver is for your own personal use.  It must not be sold or distributed.

Q: Can the photographs be used on a T-shirt, Mugs, Mouse mats etc.?
A: You do not have permission to use the photographs on any commercial product.  If you wish to licence photographs from us, please read the section below.

Q: Can the photographs be used on my Web page?
A: The material on the copyright holder's sites can not be used on any other Web pages directly or indirectly without the copyright holder's permission.

Photo licensing/commercial usage:

If you wish to use any of our images or photographs commercially, permission will have to be obtained from the copyright holder directly and a fee paid.

To calculate an appropriate cost for photo usage, please forward the URLs for the images, state your intended usage (distribution, print run etc), and any image/resolution requirements.

Please note that the image can only be used in line with the original request and can not be reproduced elsewhere without permission.

Contact details for making a request or for further information are to be found below in the final section of this document.

IMPORTANT NOTICE

To deter Webmasters from using our material on other Webpages or using them outside the above permitted uses, we have been advised to set a scale of standard charges for unauthorised use.

This makes it extremely easy to obtain significant damages for unauthorised use of the material, by applying the legal process from any court in a country that is a signatory to the Berne Convention.  Most Countries in the world have signed this convention.

The scale of charges is:

500 US dollars per week per photo/game/graphic, starting from the date of the infringement.
Unpaid bills accrue interest.
Expenses incurred by us, and by any agency used by us, in the collection of these fees are also
chargeable.

Photo information: There is a technology available from Digimarc Corporation which enables a digital watermark to be embedded into the image.  This company has a robot that scans the Web looking for images with a watermark which notifies the registered owner of the photo and the URL address where it found the photo.

4. General Disclaimer

Although the copyright holder has attempted to provide accurate information on its Web Sites, the copyright holder assumes no responsibility for the accuracy of the information.  The copyright holder may change the content at any time without notice.  Mention of other web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL OPINIONS STATED ARE THOSE OF THE INDIVIDUAL AUTHORS AND ARE NOT THE RESPONSIBILITY OF THE COPYRIGHT HOLDER.  THE COPYRIGHT HOLDER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE

(i) Chat Room/Bulletin boards
The views expressed in any chat room or bulletin board hosted on this or related sites are those of the individual users and not those of the copyright holder or its ISPs.  You are asked not to post messages or emails which are abusive, racist, obscene, defamatory or the content of which is otherwise undesirable, illegal or in breach of any person's rights.  We reserve the right, at our full discretion, to remove any such posts or emails at any time and without notice to you.  Bona fide requests to remove defamatory content will be considered, although we can give no guarantee that we will comply or comply within any particular time scale.

(ii) Applicable Law
These terms of use shall be governed by, and construed exclusively in accordance with, English law.
Any dispute arising under these terms of use shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to and waive any objections to the jurisdiction of such courts.

5. Transmission of Personal Data/User Communications

Except as required by law, the copyright holder will maintain the confidentiality of all personal information transmitted to the copyright holder by the user.  Unless specifically labelled otherwise, any feedback you provide at this Web Site (via feedback forms, emails or 'private messages') shall be deemed to be non-confidential and the copyright holder will have no obligation to protect such information and may use such information in any way it chooses.

6. Links to Third Party Sites

This Web Site contain links to many third party sites.  Access to any other Internet site linked to this Web Site is at the user's own risk and the copyright holder is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.  The copyright holder provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

7. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorised users only.  Unauthorised individuals attempting to access these areas of the Web Site may be subject to prosecution.

Further Information, Contacts and Links

If you have any questions about this policy, the practices of the site, or any aspect of njb.co.uk, please click the 'Contact Us' menu option (Help > Contact Us) and use the Contact form.

Copyright Web site: www.njb.co.uk
World Intellectual Property Org: www.wipo.org
Copyright licencing agency: www.cla.co.uk
Top Ten Copyright Myths: www.templetons.com/brad/copymyths.html
UK Government guidelines www.intellectual-property.gov.uk
Digital watermarking: www.digimarc.com