Related sections: chairman's page, privacy policy, about the club

Read these Derbyphoenix.com terms of use carefully before you accept these terms by using the Derbyphoenix.com website in any other manner. If you do not agree to all of these terms, do not use this website.

YOUR OBLIGATIONS

In consideration of your use of the website, you agree to be solely responsible for a) providing true, accurate, current, and complete information about you as prompted by the sites registration form, and b) maintaining and promptly updating the registration data to keep it true, accurate, current and complete. You are solely responsible for the security of your password. Derby Phoenix Swimming Club is not liable for any unauthorised use of the website.
Your conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not Derby Phoenix Swimming Club, are entirely responsible for all content that you upload, post or otherwise transmit via the site. Derby Phoenix Swimming Club does not control the content posted via the site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the web site, you may be exposed to content that is offensive, indecent or objectionable.

While it is not our intent to monitor your online communications, Derby Phoenix Swimming Club reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these terms. Derby Phoenix Swimming Club may also remove content that contains third-party commercial advertisements, is inaccurate or includes unauthorised disclosure or personal information. These restrictions apply to all content provided to or through the site, including email messages, newsgroup postings, chat, and web pages.

You agree not to post or store on Derbyphoenix.com or any of its affiliated sites any content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

You agree not to use the web site in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the web site any material that is objectionable. You agree not to use any Derby Phoenix Swimming Club domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the site. Furthermore, you agree not to transmit unsolicited or bulk communications to any Derby Phoenix Swimming Club account holder or to any Derbyphoenix.com or affiliated email address (regardless of whether you use the site to transmit any such communication).

You agree not to use the site for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, you agree not to use the site to: 
(a) impersonate any person or entity, including, but not limited to, a Derby Phoenix Swimming Club official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site or develop hidden pages or images (those not linked to Derbyphoenix.com from another accessible page);

(c) upload, post or otherwise transmit any content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(f) intentionally or unintentionally violate any applicable local, national or international law, or any regulations having the force of law;

(g) collect or store personal data about other users;

CONTENT SUBMITTED TO DERBYPHOENIX.COM

Derby Phoenix Swimming Club does not claim ownership of the content you place on any part of Derbyphoenix.com. By submitting content to Derbyphoenix.com for inclusion on any area of Derbyphoenix.com, you grant Derby Phoenix Swimming Club and all other users of Derbyphoenix.com a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the content (including in digital form).

You acknowledge that Derby Phoenix Swimming Club does not pre-screen content, but that Derby Phoenix Swimming Club and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any content that is available via the site. Without limiting the foregoing, Derby Phoenix Swimming Club and its designees may disable, restrict access to or the availability of, any content that violates the terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Unless otherwise explicitly stated, herein, or in Derbyphoenix.com's privacy policy, any content provided by you in connection with this website shall be deemed to be provided on a non proprietary and non-confidential basis. Derby Phoenix Swimming Club shall have no obligation of any kind with respect to such content and shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the content that you submit, and you, not Derby Phoenix Swimming Club, have full responsibility for the content, including their legality, reliability, appropriateness, originality and copyright. 

SPAM EMAIL AND POSTINGS

You agree that Derby Phoenix Swimming Club would be irreparably harmed by the use, by you or others, of Derby Phoenix Swimming Club's site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of these terms. Derby Phoenix Swimming Club reserves the right to block, filter or delete unsolicited email. 

INDEMNITY

You agree to indemnify and hold Derby Phoenix Swimming Club, affiliates, officers, agents, co-branders, alliance members, or other partners harmless from any claim or demand made by any third party due to or arising out of your content, your use of the site, including any use by your employees, your connection to the site, your violation of the terms, or your violation of any rights of another. 

LINKS

The site may provide links to other Internet sites or resources. Because Derby Phoenix Swimming Club has no control over such sites and resources, you acknowledge and agree that Derby Phoenix Swimming Club is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Derby Phoenix Swimming Club will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

This website may be linked to other websites which are not under the control of and are not maintained by Derby Phoenix Swimming Club. Derby Phoenix Swimming Club is not responsible for the content of those sites. Derby Phoenix Swimming Club is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Derby Phoenix Swimming Club of those sites.

LIMITATION OF LIABILITY

To the extent not prohibited by applicable law, Derby Phoenix Swimming Club is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if Derby Phoenix Swimming Club has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to: (i) the use of or the inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site and Derbyphoenix.com; or (v) any other matter relating to the site, including content you may download, use, modify or distribute from Derby Phoenix Swimming Club's web sites.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against Derby Phoenix Swimming Club for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the content.

You agree to hold Derby Phoenix Swimming Club harmless from, and you covenant not to sue Derby Phoenix Swimming Club for, any claims based on using the website, whether in contract (including fundamental breach), tort (including negligence) or otherwise. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

PRIVACY POLICY

Derby Phoenix Swimming Club respects your desire for privacy. Derby Phoenix Swimming Club's privacy policy can be found at Derbyphoenix.com. By using the website, you are consenting to the processing of your data by Derby Phoenix Swimming Club and consenting to the terms of our privacy policy. If we decide to change that policy, we will post the revised policy prominently on our website or otherwise bring it to your attention, so that you are always aware of what we do with your information.