Widget terms and conditions
Visit Wales is the division of the Welsh Government that promotes tourism in Wales on behalf of the Welsh Ministers. Visit Wales has developed widgets to assist its partners, tourist businesses and others in promoting Wales’ Year of Legends in 2017. These are graphic and text widgets comprised of static elements, such as the Visit Wales trade marks and associated logos (the “Visit Wales Widgets”) and are being made available for use on your website.
By copying, installing or otherwise using the Visit Wales Widgets you agree to be bound by these Terms. Each Visit Wales Widget is licensed as a single unit and its component parts may not be separated for individual use.
Visit Wales may modify these Terms at any time with or without notice.
If you do not agree to these User Terms, please do not copy or otherwise use the Visit Wales Widgets.
As a condition of your use of any Visit Wales Widget, you agree as follows:
- Visit Wales agrees to grant you a personal, non-transferrable, non-exclusive, royalty-free licence to display Visit Wales Widgets on your website on and subject to these User Terms.
- You agree not to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Visit Wales Widgets or any part thereof to any third parties.
- You must not (and must not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, separate into component parts or otherwise attempt to discover any source code of the Visit Wales Widgets.
- All rights, title, and interest in and to the Visit Wales Widgets, including all intellectual property rights therein, shall remain the exclusive property of the Welsh Ministers. You acknowledge and agree that the Visit Wales Widgets are licensed, not sold, to you.
- Use of Visit Wales Widgets
- You may not directly or indirectly change, edit, add to, copy or extract content from or produce summaries of the Visit Wales Widgets or any content on the Visit Wales website http://www.visitwales.com (the “Website”).
- Visit Wales has absolute editorial control over all Visit Wales Widgets and the Website content (the “Content”), which Visit Wales may modify, in whole or in part, at any time without prior notice.
- YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE OR OTHERWISE COMMERCIALISE THE VISIT WALES WIDGETS OR THE CONTENT IN ANY WAY.
- Representations and Warranties
- You represent and warrant to Visit Wales that you will not use the Visit Wales Widgets for any purpose that is unlawful or prohibited by these User Terms. In particular, you represent and warrant that: (i) you have full power and authority to agree to and accept these User Terms; and (ii) the performance of your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which you are a party or violate any rights of any third parties arising therefrom; and (iii) you will comply with all applicable laws, regulations and orders which may apply to your performance under these User Terms.
- You shall not, and shall not allow or authorise any third party to, use or display a Visit Wales Widget on any website that, incites hatred or discriminate against any specific social group or exploit persons whether based on race, religion, gender, sexuality or any other attribute or belief; on websites that promote, encourage or facilitate violence, disruptive behaviour, terrorism or illegal activity, including activities that risk national security; on websites which are misleading, libellous, defamatory or pornographic, or which promote or make available otherwise objectionable content; or websites that disparage or in any manner tarnish or diminish the image or reputation of the Welsh Ministers, the Welsh Government and/or Visit Wales and their officers, employees or suppliers.
- You shall not, and shall not allow or authorise any third party to, remove, deface, obscure, or alter any copyright notice, trade marks or other proprietary rights notices affixed to or provided as a part of the Visit Wales Widget or any other content (including the Content), materials and documentation referred to hereunder.
- Trade Marks and Copyright
- No Endorsement
- You may not through your use of the Visit Wales Widgets directly or indirectly suggest any endorsement or approval by Visit Wales of your website or any non-Visit Wales entity, product or content or any views expressed within your website or any service offered by you.
- Reference on the Website or in the Visit Wales Widgets to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Visit Wales of any third party.
- You agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your: (i) use of the Visit Wales Widgets; (ii) breach of these User Terms; (iii) violation of any law or the rights of a third party; or (iv) use of the Website.
- Disclaimer and Limitation of Liability
- You expressly understand and agree that your use of the Visit Wales Widgets is at your own risk. The Visit Wales Widgets are made available by Visit Wales on an "as is" and "as available" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the fullest extent permitted by law, we hereby exclude all conditions, warranties, representations or other terms which may apply to the Visit Wales Widgets; whether express or implied.
- The Welsh Ministers will not be liable to any user of the Visit Wales Widgets for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with (a) use of, delay in using, or inability to use, the Visit Wales Widgets; or (b) use of or reliance on any content displayed on or forming part of the Visit Wales Widgets.
- In addition, the Welsh Ministers will not be liable for any of the following which may arise from your use of the Visit Wales Widgets: (a) loss of profits, sales, business or revenue; (b) business interruption (c) loss of business opportunity, goodwill or reputation; (d) loss of data; or (e) any indirect or consequential loss or damage.
- The Welsh Ministers will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Visit Wales Widgets. You should use appropriate virus protection software.
- For the avoidance of doubt, nothing in these User Terms shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.
- Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and the laws of those jurisdictions override any contractual obligations which purport to achieve this. Accordingly, some of the above limitations may not apply to you.
- You may terminate the licence granted under these User Terms at any time by removing all copies of the Visit Wales Widgets from your website, all hard drives, networks and other storage media.
- You agree to remove all copies of any Visit Wales Widgets in use immediately upon receiving notice of termination from Visit Wales.
- Sections , 4, 6, 7 and 10 will survive any cancellation or termination of the agreement set out in these User Terms.
- Changes to the Visit Wales Widgets and these User Terms
- We may update the Visit Wales Widgets from time to time and may alter the content of the Visit Wales Widgets and these User Terms. We may also update the Visit Wales Widgets from time to time as we consider necessary: where you have already downloaded the Visit Wales Widgets the update shall take effect automatically and there will be no need for you to make any further changes to your website to accept those changes. We may provide notice of changes to the Visit Wales Widgets and/or the User Terms and/or other matters by [displaying notices or links to notices to you generally on the Website and/or via social media. Please check these User Terms and the Website regularly and take note of any changes made, as they are binding upon you. By continuing to use the Visit Wales Widgets and the Website you agree to accept any changes made.
- In the event you receive any inquiries which relate to Visit Wales, the Website or any Visit Wales Widget, contact us promptly with such inquiries at: email@example.com
- Any failure or delay by Visit Wales in exercising its rights under any provisions of these User Terms shall not be construed as a waiver of those rights at any time now or in the future.
- Nothing in these User Terms shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999.
- If any provision in these User Terms is deemed to be void for any reason, it shall be deleted and the remaining provisions shall continue in full force and effect.
- Law and Jurisdiction
- These User Terms, their subject matter and formation (including and non-contractual disputes or claims), shall be governed by the laws of England and Wales. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- The following words and phrases shall have the following meanings in these User Terms:
(i) “we”, “us” and “our” means Visit Wales, the division of the Welsh Government that promotes tourism in Wales on behalf of the Welsh Ministers. The Welsh Government’s principal place of business is Crown Buildings, Cathays Park, Cardiff CF1NQ.
(ii) “you” means you, the individual who wishes to use the Visit Wales Widgets; whether acting in your own capacity or on behalf of a business.
Rev date: December 2016