Your access and use of the Powditch website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing
the Website, you enter into a Contract with the website owner (John C Algar; hereinafter
referred to as `JCA') and you accept, without limitation or qualification, that the said
Contract is subject to the laws of England and Wales(only), as well as the hereunder
mentioned Terms and Conditions and you therefore acknowledge that any other
agreement regarding this subject matter between you and JCA is superseded and of no
force or effect. Furthermore, it is agreed that any dispute you may have with the said JCA
will intitially be dealt with between yourself and the said JCA, secondly through the dispute
being presented, by both or all parties involved in same, to an independent arbitrator for
his, her or their final recommendation(s) or decision, but that should such steps by either
the initial or second means fail to reconcile the matter, that such dispute will be dealt with
by the Courts of England and Wales, which shall enjoy and take precedence over the laws
or regulations of any other Country.
2. Legal Notice
JCA maintains this Powditch website (hereafter referred to as the "website") for your
personal information, education, entertainment, and communication, and you are invited
to please feel free to browse the website. You may download material displayed on the
website for non-commercial, personal use only, provided you also understand and
acknowledge that all copyright and other proprietary notices contained on the materials is
retained by JCA . You may not, however, distribute, modify, transmit, reuse, report, or use
the contents of the website for public or commercial purposes, including the text, images,
audio, and video without JCA's advance written permission.
3. Terms and Conditions (part 1)
Everything you see or read on the website is copyrighted - unless otherwise noted - and may
not be used, except as provided in these Terms and Conditions or in the text on the
website, without advance written permission from JCA JCA neither warrants nor
represents that your use of materials displayed on the website will not infringe rights of
third parties not owned by or affiliated with JCA
Whilst JCA uses reasonable efforts to include accurate and up-to-date information on the
website, JCA makes no warranties or representations as to its accuracy. JCA assumes
no liability or responsibility for any errors or omissions in the content on the website.
Your use and browsing of the website is at your risk. Neither JCA nor any other party
involved in creating, producing, or delivering the website is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your access to, or use of, the
website. Without limiting the foregoing, everything on the website is provided to you "as
is", without warranty of any kind, either expressed or implied, including, but not limited
to, the implied warranties of fitness for a particular purpose, title or non-infringement.
JCA also assumes no responsibility for, and shall not be liable for any damages to, or
viruses that may infect, your computer equipment or other property on account of your
access to, use of, or browsing in the website or your downloading of any materials, data,
text, images, video, or audio from the website.
Any communication or material you transmit to the website and/or to JCA - the Powditch
family archivist by electronic mail or otherwise, including any news, information, data,
questions, comments, suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary unless otherwise advised by you at the time of transmitting same.
Anything you transmit or post may be used without restriction by JCA or his affiliates for
any purpose, including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting unless otherwise advised by you at the time of
transmitting same. Furthermore, JCA is free to use any news, information, ideas,
concepts, know-how, or techniques contained in any communication or material you
send to the website and/or to JCA - the Powditch family archivist for any purpose
whatsoever, including but not limited to developing, and marketing products using such
information unless otherwise advised by you at the time of transmitting same.
Images of people or places displayed on the website are either the property of JCA, or
used with permission by the donor or lender of same. The use of these images by you,
or anyone else authorised by you, is prohibited unless specifically permitted by these
Terms and Conditions or specific permission provided elsewhere on the website. Any
unauthorized use of the images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on
the website, including those of JCA are the registered and unregistered Trademarks of
JCA and others. Nothing contained on the website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed
on the website without the advance written permission of JCA or such other party which
may own the Trademarks displayed on the website.
The unauthorized use of the Trademarks displayed on the website, or any other content
on the website, except as provided in these Terms and Conditions, is strictly prohibited.
You are also advised that JCA will aggressively enforce his intellectual property rights to
the fullest extent of the law, including criminal prosecution when and where appropriate.
Any products depicted on this website may be protected by and covered in one or more
UK, US and/or foreign patents. Specific product names can be requested.
JCA has not reviewed all of the websites linked to this website and is not responsible for
the contents of any off-site pages or any other websites linked to the Powditch website.
Your linking to any other off-site pages or other websites is at your own risk.
Although JCA may from time to time monitor or review guest-entries, discussions, chats,
postings, transmissions, bulletin boards, and the like on the website, JCA is under no
obligation to do so and assumes no responsibility or liability arising from the content of
any such locations or for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any information
contained within such locations on the website. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that could constitute or
encourage conduct that may be considered a criminal offence, give rise to civil liability, or
otherwise violate any law. JCA will fully co-operate with any law enforcement authorities
or court order requesting or directing JCA to disclose the identity of anyone posting any
such information or materials.
JCA appreciates your interest in his services, and thanks you for your visit to the
Powditch website. JCA believes in making your visit to the website informative and
secure, and provides you as much control as possible over your personal information.
Your visit to and use of the website is also subject to the following terms and conditions
("Terms and Conditions") and all applicable laws. The Terms and Conditions also explain
efforts by JCA to protect your personal information with a reasonable duty of care and in
accordance with applicable laws. By accessing and browsing the website, you accept,
without limitation or qualification, the Terms and Conditions and acknowledge that any
other agreement regarding this subject matter between you and JCA is superseded and
of no force or effect.
5. Terms and Conditions (part 2)
If requested to provide personal information to JCA, you do so at your sole option. Any
personal information you supply to JCA will be stored in a secure database and
maintained in accordance with the laws of England and Wales - in which country the
website is managed - such laws holding and having precedence over any other country.
If you provide JCA personal information in order to receive any type of information from
JCA in return, including any Powditch publications, or other materials, JCA collects and
stores that information. Such information enables JCA to fulfill your information request
and to provide you with additional information about his website, and its services.
Once you have provided personal information to JCA, you retain the opportunity to opt
out of receiving further communications from JCA, to remove your information from his
database, or to no longer receive any of his services, simply by writing to JCA or by
contacting the webmaster at firstname.lastname@example.org
As you review or download information from the website, the statistics program supplied
by Webaliser™ tracks and tallies website visits in order to assist JCA, among other
things, in providing you with tailored information and information about which specific
websites are frequented. JCA does not sell or produce any of the information that you
provide to any third party whatsoever.
This website may contain links to non JCA websites. JCA expressly disclaims all
responsibility for the privacy practices or any such linked websites and all other non JCA
JCA may at any time revise these Terms and Conditions of the Legal Notice or Privacy
Policy by updating this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the then current Terms and Conditions to which you
are bound. The information provided at this website is not guaranteed as to its accuracy,
veracity or otherwise, and may change with no prior notice to any user of the website.
JCA hereby expressly disclaims any responsibility or liability for his failure to provide any
information to any user.
webmaster at email@example.com
Copyright 1980 - 2004 John C Algar. All rights reserved.