1. By using www.theorchardfruitcompany.com you agree to be bound by these terms, which shall take effect immediately on your first use of www.theorchardfruitcompany.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to www.theorchardfruitcompany.com.
2. The Orchard Fruit Company may change these terms from time to time and so you should check these terms regularly. Your continued use of www.theorchardfruitcompany.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on www.theorchardfruitcompany.com (including house rules) then the latter shall prevail.
Use of www.theorchardfruitcompany.com
3. You agree to use www.theorchardfruitcompany.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of www.theorchardfruitcompany.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within www.theorchardfruitcompany.com.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on www.theorchardfruitcompany.com and all content (including all applications) located on the site shall remain vested in The Orchard Fruit Company or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use www.theorchardfruitcompany.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any www.theorchardfruitcompany.com content except for your own personal, non-commercial use. Any other use of www.theorchardfruitcompany.com content requires the prior written permission from The Orchard Fruit Company.
5. The names, images and logos identifying The Orchard Fruit Company or third parties and their products and services are subject to copyright, design rights and trade marks of The Orchard Fruit Company and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of The Orchard Fruit Company or any other third party.
6. As a registered member you will occasionally receive e-mail updates about special offers, new services and other news. We hope you'll find these updates interesting and informative. But if you'd rather not receive them you will always find an unsubscribe link at the bottom of such communication.
Contributions to The Orchard Fruit Company
7. By sharing any contribution (including any text, photographs, graphics, video or audio) with The Orchard Fruit Company you agree to grant to The Orchard Fruit Company, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for The Orchard Fruit Company services in any media worldwide (including on The Orchard Fruit Company's site accessed by international users).
8. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it unless otherwise specified.
9. In order that The Orchard Fruit Company can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK/International laws, that you have the right to give The Orchard Fruit Company permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with The Orchard Fruit Company.
11. If you do not want to grant The Orchard Fruit Company the permission set out above on these terms, please do not submit or share your contribution to or with www.theorchardfruitcompany.com.
13. You agree to use www.theorchardfruitcompany.com communities in accordance with the following Community Rules. These apply across all www.theorchardfruitcompany.com community sites and services. You should, however, read the local house rules of the particular site or service you're using, as there may be some local variations to these Community Rules.
(i) About your posts:
Contributions must be civil and tasteful.
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
Be patient: users of all ages and abilities may be taking part in the relevant www.theorchardfruitcompany.com community.
No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
No advertising or promoting.
No spoilers: material which contains plot developments which haven't been transmitted on UK television will be deleted unless submitted in a designated 'spoilers' area or marked as a 'spoiler'.
Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
No inappropriate (e.g. vulgar, offensive etc) user names.
URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your The Orchard Fruit Company Account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
The Orchard Fruit Company reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple The Orchard Fruit Company accounts, or if a non UK user pretends to be a UK user, or disrupts any of our services in any way.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any The Orchard Fruit Company community.
(iv) Legal requirements:
You may not submit or share any defamatory or illegal material of any nature in www.theorchardfruitcompany.com communities. This includes text, graphics, video, programs or audio.
Contributing material to a www.theorchardfruitcompany.com community with the intention of committing or promoting an illegal act is strictly prohibited.
You agree to submit to or share with www.theorchardfruitcompany.com communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of The Orchard Fruit Company or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you're under 16:
Please get a parent's or guardian's permission before taking part in any www.theorchardfruitcompany.com community.
Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
(vi) If you breach these Community Rules:
If you fail to abide by these Community Rules (and/or any variations in relevant local house rules) when taking part in a www.theorchardfruitcompany.com community, you will be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of www.theorchardfruitcompany.com community areas.
If you submit or share offensive or inappropriate content to or with any www.theorchardfruitcompany.com communities or anywhere else on www.theorchardfruitcompany.com or otherwise engage in any disruptive behaviour on www.theorchardfruitcompany.com, and The Orchard Fruit Company considers such behaviour to be serious and/or repeated, The Orchard Fruit Company may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
The Orchard Fruit Company reserves the right to delete any contribution, or take action against any The Orchard Fruit Company account, at any time, for any reason.
Disclaimers and Limitation of Liability
14. The majority of content posted in www.theorchardfruitcompany.com communities is created by external contributors. The views expressed are theirs and unless specifically stated are not those of The Orchard Fruit Company. Neither The Orchard Fruit Company are responsible for any content posted by members of the public on www.theorchardfruitcompany.com or for the availability or content of any third party sites that are accessible through www.theorchardfruitcompany.com. Any links to third party websites from www.theorchardfruitcompany.com do not amount to any endorsement of that site by The Orchard Fruit Company and any use of that site by you is at your own risk.
15. Nothing in these terms limits or excludes The Orchard Fruit Company's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, The Orchard Fruit Company shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.theorchardfruitcompany.com regardless of the form of action.
16. The Orchard Fruit Company do not warrant that functions available on www.theorchardfruitcompany.com will be uninterrupted or error free, that defects will be corrected, or that www.theorchardfruitcompany.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
17. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
18. The failure or delay of The Orchard Fruit Company to exercise or enforce any right in these terms does not waive The Orchard Fruit Company's right to enforce that right.
19. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.