The Baltic Post WEBSITE DISCLAIMER
This document was created using a Contractology template available at http://www.freenetlaw.com.
This website is provided “as is” without any representations or warranties, express or implied. The Baltic Post makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Baltic Post does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Fair Dealing in United Kingdom Law
Under the Copyright, Designs and Patents Act 1988 (CDPA), fair dealing is limited to the following purposes: research and private study (both must be non-commercial), criticism, review, and news reporting (sections 29, 30, 178). Although not actually defined as a fair dealing, incidental inclusion of a copyrighted work in an artistic work, sound recording, film, broadcast or cable programme doesn’t infringe copyright.
Contrary to the often stated view, the provisions of section 29 of the CDPA do not restrict the amount of a literary, dramatic, musical or artistic work that may be copied for the purposes of non-commercial research or private study to a “reasonable proportion” of the work or to single copies of the work, where the copies are made by the researcher or student himself. Such restrictions only apply to copies made by or on behalf of a librarian (by virtue of s. 40), or by a person, other than the researcher or student himself, who knows or has reason to believe that “it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose” (by virtue of paragraph 29(3)b).
For copying beyond the boundaries of fair dealing, universities and schools in the UK obtain licenses from a national copyright collective, the UK Copyright Licensing Agency (CLA). Under these licenses, multiple copies of portions of copyrighted works can be made for educational purposes. Therefore all material contained within The Baltic Post is subject to the terms dictated under the copyright, designs and patents act 1988 (CDPA) with reference to Fair Dealing in United Kingdom Law.
Limitations of liability
The Baltic Post will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Baltic Post has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Baltic Post’s liability in respect of any:
- death or personal injury caused by The Baltic Post’s negligence;
- fraud or fraudulent misrepresentation on the part of The Baltic Post; or
- Matter which it would be illegal or unlawful for The Baltic Post to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, The Baltic Post has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Baltic Post’s officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Baltic Post’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Baltic Post.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
|You must retain the “Credit” section in this document. If you wish to use the document without the “Credit” section (e.g. to project a more professional image) then you can get a license to do so here: http://www.contractology.com/precedents/freenetlaw-license-website-disclaimer.html It is an infringement of our copyright to use the document without the “Credit” section and without paying the license fee.|