LEGAL AND TECHNICAL INFORMATION AND TERMS & CONDITIONS FOR WILDOPENEYE WEBSITE http://www.wildopeneye.com AND BLOG http://wildopeneye.wordpress.com
Henceforth referred to collectively as ‘this site’ or ‘our site’. The webmaster and data controller is Charles Paxton of www.thewebcat.biz. With the sad passing of Andy Luck in 2017 Wildopeneye Ltd. no longer operates. This site is run by Charles Paxton of thewebcat.biz instead, for himself and for Andy Luck’s heirs (henceforth referred to in this document collectively as us and we ) as a tribute to Andy and memorial to his conservation work.
In the event of any perceived grievance and Charles Paxton insist that the aggrieved should attempt to address any perceived problem directly with the us first before resorting to legal action.
LEGAL AND TECHNICAL INFORMATION
by Charles Paxton
Please Use The Scrollbar To Read This Entire Page Before Using This Website. Thank you. In the event of a technical failure preventing full reading of this document, readers should please alert me via the contact page.
TERMS AND CONDITIONS PAGE UPDATES by Charles Paxton
We may update the contents of this page at any time. Users are expected to check this page periodically to note any changes that we make, as they are legally binding. The date of our last update shows when modifications have been made, but be advised that some provisions on this page may be superseded by information published elsewhere on our site or on our blog. This site and all its contents are governed by applicable laws of England and Wales and any dispute or claim arising out of, or in any manner connected with them, including but not limited to non-contractual disputes or claims, shall be undertaken according to the law of England and Wales. With the passing of Andy Luck in 2017 Wildopeneye Ltd. no longer operates. This site is run by Charles Paxton instead. In the event of any perceived grievance and Charles Paxton (henceforth referred to in this document collectively as us and we )insist that the aggrieved should attempt to address any perceived problem directly with the us first before resorting to legal action.
Thank you for visiting. Any and all use of this website is only permitted upon the basis of the user agreeing to be bound by its terms and conditions of use , please read the details as outlined below. They are not unreasonable or negotiable.
If you disagree to abide by these terms and conditions then please do not use this website.
The webmaster and data controller is Charles Paxton of www.thewebcat.biz.
We hope that you enjoy using this site within the parameters of our terms and conditions as set out below.
Any comments or complaints about our site design, function, its content or external links should be addressed to:
Charles Paxton, 1209 West Port Union Road, Farmerville, Louisiana, USA 71241
or by email any time. Be advised that some emails from some people have been failing to reach me recently.
TERMS & CONDITIONS
INFORMATION ABOUT US
Our site is run by its webmaster, Charles Paxton of TheWebcat.biz for himself and also for the heirs of my late friend and client Andy Luck as a memorial to him and his brilliant nature photography and conservation work. Interested parties can find out more about Wildopeneye by clicking here.
VISITING OUR SITE
I only allow access to this site on a temporary basis and reserve the right to withdraw or amend the service I provide on our site and associated sites without notice. Neither Andy Luck’s heirs, nor the webmaster will be liable if, for any reason, our site is unavailable at any time or for any period.
When using our site, you must comply with our parameters of acceptable use (see below). Failure to abide by these terms will result in automatic revoking of our permission for you to use this site and we may take further action as we see fit including, but not limited to reporting any such breach to the Police and/or taking legal action.
INTELLECTUAL PROPERTY RIGHTS
I am the owner, or the licensee, of all intellectual property rights in this site, and of the material published on it. This site and its contents are protected by global copyright laws and treaties. All such rights are retained and reserved by the original authors, owners and licensors of their respective works and Andy Luck’s heirs in the respect of his work for the duration that copyright law allows.
RELIANCE ON INFORMATION POSTED
This site is informational only and though I intend that the information published here is correct at time of publication I make no guarantees of its veracity, and I reserve the right to remove, replace and/or revise any of it, at any time, without notice. Though material on this site may be out of date at any given time, nobody is under obligation to update such material instantly - my best available response must suffice.
While we recognise that this does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law - the material on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by applicable law, we, and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common or equity law and any liability for any direct, indirect or consequential losses or damages incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
This web site and its use is subject to and governed by the applicable laws of England and Wales, is informational only and is provided by us, for your optional, free use, on an as-is basis with no warranties attached of any sort, express or implied. You use it entirely at your own risk. Likewise, any email communications from you to us are also conducted entirely at your own risk.
We make no representations, endorsements or warranties of any kind with respect to the site, its contents or any other site linked to this web site. We will not be liable for any damages whatsoever arising from or in connection with the use of this site, including and without limitation, damages for loss of use, data or profits, from delay or inability to use the site, the provision of or failure to provide services from the site, or for any information, products, services, media and graphics obtained through the site or any site linked to this one to the maximum extent possible by applicable law. In any case of any perceived grievance, complaint or suit, your first recourse should be to cease using the site and to contact the webmaster requesting a perceived course of remedial action. Regardless of the circumstances, any legal case brought in relation to this site can only be conducted within the provisions of the laws of England and Wales, and under the jurisdiction of English Courts. In the case of any perceived grievance we insist that you contact us for remedy in the first instance prior to any legal action.
This site and all materials accessible from it are made available for temporary reference via online browsing for personal use in real-time only. Unless expressly stated otherwise on pdf documents accessible from our web pages we do not allow copying or printing of any of our media material except for the purpose of promoting Wildopeneye’s activities and then only with our express permission.
We forbid any form of electronic or physical interference with this website or any of the equipment that enables its publication or related data storage. The deliberate introduction of malicious software and/or spyware to any of our systems is expressly prohibited and we will report any such attacks to the relevant authorities and assist where we can in any offenders’ prosecution.
Links from this website
Links to this website
Other websites may link to this site with our permission and provided that they make no false claims of relationship or endorsement.
MY PROMISE TO RESPECT YOUR PRIVACY RIGHTS
I value my own privacy and I respect my visitors’ and customers’ rights to privacy too. When you share any information with me by any means, letter, email, phone or private message or face to face, I will not share that with third parties except in the case where you intend it to be shared wider through publication or in the highly unusual case where I would be required to do so by law or in the event that it formed the basis of formal legal defence or settlement of a dispute. As a site visitor I don’t get to see any of your personal information except that which you might tell me by direct communication. As a current or prospective client, the only information that I need from you is that which is necessary to build your site and mount your content. I don’t need or want any other information from you. Please keep any sensitive information to yourself because I’m really not interested in it.
My business ethics are underpinned by respect for my site visitors, my website clients and their site users. My customer base is small and relatively select. I want my clients to be satisfied with the service I provide and so I try hard to provide a good service at a reasonable price. I mostly rely on word of mouth to attract my clientele and so my reputation is my wealth.
1. I don’t ‘cold call’ anybody.
2. I will never ask anyone for bank details by email
3. I will never send spam (unsolicited / unwarranted) email
4. I will never send emails with no subject line, or no text other than dubious links, or dubious links with sales text.
5. I understand that my customers’ business activities might be commercially sensitive and contain proprietary methods and I don’t discuss any of this with third parties.
If you ever get any of that trouble, it isn’t from me.
YOUR RIGHT TO VIEW ANY PERSONAL DATA THAT I HOLD ABOUT YOU
The Data Protection laws give you the right to access information held about you, if any is held. Any access request may be subject to a fee of up to £20 to meet my costs in providing you with details of the information (if any) that I hold about you and must be accompanied by acceptable proof of your identity. I’ll verify important or complex instructions with you by voice. Please note that I don’t store information other than contact details, website files and invoices on my password protected PC so I cannot oblige you with any other information about yourself.
My equipment is protected by anti-virus software, and is backed up periodically on an external hard drive. I also keep written information about websites off-line. This is very necessary, because I cannot remember all the various passwords involved and also because equipment failure is a fact of life. Also you may need to access them via my wife in the event of my death and if you lose your information.
YOUR RIGHT TO HAVE SOME OR All DATA I MAY HOLD ABOUT YOU DELETED
In the event that you’d like some or all your data deleted or your website taken off-line, please make your request to me in writing and I’ll verify the details of your request with you by private phone-call to prevent mistakes, and then serve your request faithfully.
YOUR RIGHT TO MOVE YOUR DATA OFF MY SERVER
In the event that you’d like your website or domain moved, please make your request to me in writing and I’ll verify details of your request with you by private phone call to prevent mistakes, and then happily oblige with your request.
In the sad event of my clients passing on, I will follow their pre-arranged legacy arrangements.
In the sad event of my passing on, please follow our pre-arranged legacy plans.
INFORMATION IN EVENT OF DATA SECURITY BREACH
Data breaches can happen to even large organizations such as banks and govt. offices. If I become aware of theft or loss of your data from hacking or equipment failure or any other possibility I shall endeavour to alert you as soon as possible. Please alert me if you become aware of such a risk, such as a lost notebook or lap-top that would necessarily have security implications for us. You are entitled to be alerted within 72 hrs by GDPR rules, but I’d try to notify you quicker if I can and arrange the resetting of passwords and any other remedial action that might help.
For this reason, if for no other, I recommend that you ‘Friend’ me on Facebook so that we would be able to communicate securely, independently of email.
Please note that you can improve security by not using the same password for different purposes and changing your passwords regularly. Please don’t hesitate to contact me if you notice anything suspicious about the operation of this, or any sites that I made or manage. Thank you.
INFORMATION I MAY COLLECT FROM CUSTOMERS
To function as a good website designer I have a legal right to use information that you provide me for that purpose. I may also collect and store the following information about you, my customer:
1. Information that you provide to me for the purpose of contacting you as a prospective or existing customer. This includes posting material to me by private message via social media or verbal communications in person pertinent to serving your needs as my customer. If you experience email trouble, you can contact me via my Facebook for example. All communications by social media, mail, Internet or telephone will pass beyond the borders of the UK and EU because I reside and operate in the U.S.A. and communications to me may pass through countries with laxer standards than our own. So, quite simply don’t send me any sensitive data. I don’t need it to accomplish my work for you and you don’t have to share it with me in order for me to do my job for you. Only share that information with me that is necessary to build or manage your websites, please.
2. I may also ask you for further information to clarify matters if you report a problem with my sites, but I will only ask questions pertinent to fixing the technical issues.
3. If and when you contact me, I may keep a record of that correspondence; and I may refer to it in the future when tracking an invoice, in assessing my taxes due, or if it helps me fix a similar technical issue. Issues tend to repeat.
4. While information about site visitors’ use of my site, and details of your visits to my sites and the resources that you access from those sites is visible via my servers’ password protected control panels and may be accessed via my servers, I won’t share these details with any third party except in the case where I have to use them in legal defence or a request for data is made by the police. These details including the computer’s browsing software, the IP address, country of operation, time, date and duration of visits and they do not alone identify an individual user, but they may still assist police in a criminal investigation where a case can be built from assimilating such fragments of information in jig-saw fashion.
INFORMATION I MAY VIEW FROM SITE VISITORS
Whenever we use the Internet, our use leaves a record on servers where the sites that we visit are stored, the servers record basic user information such as your computer’s I.P. address, country of operation, browser software, which pages are visited and for how long, which page resources are downloaded, the time, date and duration of visit etc. This information can help me as a web designer see which pages are more or less popular and theoretically this can help me improve my services and thus my site’s popularity. This is statistical data about users' browsing actions and patterns and I don’t use it to identify any individual.
On the subject of privacy please note that the browser software that you use logs the sites that you visit in a ‘History’ that you or another user of a shared computer can access. Be careful to log out of websites when using shared computers, such as in a library, pub or school.
Here I outline what kind of information my website clients and I may collect from you and how I may and may not share it.
I will not share your details with third parties for the purposes of direct marketing.
I won’t share your details with anyone except in the following unusual cases:
A) where we are required to do so by law
B) where we deem it to be necessary for defence in the unlikely case of a dispute or litigation
We don’t need access to your private data at all. Other than the instances A) and B) mentioned above I operate without collection of, or reference to any of your personal information except the contact details you provide and professional information required for me to assist you in the proper accomplishment of my work as website designer.
Your rights to privacy include disclosure of any information that I might hold about you within a reasonable time frame, upon request accompanied by positive proof of your identity. For a nominal sum of up to twenty pounds Stirling, I will send you any information that we might have about you, please note that we will only share this with you when provided with positive proof of your identity and there may be no charge if there’s no information to show you.
Your rights to privacy include the partial or total erasure of any personal information that we might hold about you if you wish, again this would require a formal written request on your part accompanied by generally acceptable positive proof of your identity and the process may involve a small fee for time expended.
Your privacy rights now also include the right to be informed of any physical or digital data breach discovered as soon as possible after its known occurrence, within 72 hours of its occurrence. This would include a lost note-book, organizer, letter or parcel, and briefcase or any electronic device lost, stolen or hacked if it contained your data. You will be made aware of the nature of the breach and the time of the breach, if and when it is known.
It is a criminal offence to invade rights to privacy and I will assist the authorities in the persecution of any body who interferes with my working security arrangements.
Contact details provided by customers and prospective customers may be used by me to communicate with those members of the public for the purposes of satisfying their need for my professional services, all personal details submitted to me are stored securely, and are not retained for longer than necessary to serve their purpose and will be destroyed when no longer necessary.
My virtual server account is password protected and this website protected by means of secure socket layer technology. I'm relying on my server to let me know of any known data breach on their equipment in due timely fashion. If you become aware of a data breach concerning this site, I’d be very grateful to learn of it from you. Thank you.
This website uses Flash cookies in the display of images in the galleries and html cookies in the operation of its associated blog. These files are stored in your computer and used to relay information from your computer to a remote server in order to make interactive elements work correctly and as intended for aesthetic and practical reasons. They make this website work better.
You may control the storage of these Cookies on your computer by different methods and may choose to block the servers from storing Cookies on your hard drive. Blocking Cookies may affect your user experience of this site in various ways as mentioned below.
Flash Cookies for image galleries
This website uses Adobe’s Flash technology to display some images via Adobe SlideShowPro Director to media players and uses Flash Cookies in its proper operation. Acceptance of these Cookies is optional and now options are controlled through modern browsers’ preferences settings, usually privacy controls are accessed at the top left of the address window. You may choose to use this website without Flash and html Cookies by selecting to block your browser’s acceptance of Cookies and enablement of FLASH via your browser’s preference settings if you wish. Seek instructions on how to do this via your chosen browser’s ‘Help’ facility as the method to block Cookie files varies by browser type. If you need more help, please see aboutcookies.org for help with changing settings on different browsers. If you want to see more information please refer to All About Cookies website.
Flash Controls are also available from Macromedia’s website to block their operation if you wish, though such action will affect your user experience of the slideshows on this site. The cookies record my preferences for the performance of the slideshows delivering my choices of images, image size, order, quality, speed, duration and nature of transition from frame to frame, and appearance of the viewing space. Click here for Adobe’s Website Storage Settings control panel.
Blocking Cookies may affect your user experience of our Blog in various ways. It is cookies that help personalize web experience and distinguish you as a first-time visitor or returning visitor with a ‘remembered’ password, within a given time period. Cookies are also used to show you advertisements that are better attuned to things that you have previously shown interest in elsewhere on the Internet, rather than randomly selected adverts. Many services such as social media and news services are advertiser funded. If they weren’t, we would have to pay for them in other ways, such as subscriptions.
Be aware that if you visit my presences on social media sites, such as Facebook, Twitter and Google’s Youtube they will set their own Cookies as part of their normal operation, this practice assists in recognising you as a previous user of their services with your own log-in details and interests and allows them to provide services in the appropriate language and send advertisements that are better tailored to your interests. If they didn’t set cookies your experience would be different, arguably less secure, you would be logged out of their password protected services, you would still see advertisements on their services but they wouldn’t necessarily match your interests, also you would need to enter your password on different service pages manually in order to access them. I advise you to read their respective Privacy Policies if you are concerned and if you are still concerned after that, then you have the freedom to choose whether or not to use their services. These providers have their own rigorous security protocols, kudos to them for this, and are accountable to the laws of their land and applicable International laws, they have amazing back-up resources but they may still suffer hacking attacks, service break-downs and abuse etc. So, nothing is perfect, especially where malevolence exists and it may be advisable to monitor news for occasions of breach and to please notify me of them if you can reasonably do so, also for your own sake please periodically change your passwords for your own security.
USE AND SECURITY OF YOUR PERSONAL DATA
Personal and other information that you may submit for publication on my blogs may be published on the Internet and may be available via the Internet, around the world including countries in outside the EU and UK. If you don’t want information published, then don’t publish it through this website. Thank you.
Your use of my blogs through commentary signifies that you expressly agree to such transfers of personal information in which you participate.
All electronic communications by you to us are voluntary upon your part and made entirely at your own risk.
As data transmission over the Internet is potentially insecure even with secure socket layer, I cannot guarantee the security of data sent over the Internet, you are advised not to submit sensitive information in an unencrypted form, but be advised that there are code-breakers out there so even this very tough 256 bit security is not invulnerable.
(a) to the extent that I am required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings; and/or
(c) in order to establish, exercise or defend my or my clients’ legal rights, including providing information to authorities for the purposes of fraud prevention.
YOUR RIGHTS IN RESPECT OF SECURITY OF PERSONAL DATA ON SITES THAT I DON’T CONTROL
Our sites may, from time to time, contain links to and from the websites of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies, nor do I monitor the changes that they may make at any given time. Privacy laws are evolving over time too.
Please check these policies before you submit any personal data to these websites. Any data you send will be at your own recognisance and made at your own risk.
JURISDICTION AND APPLICABLE LAW
Would other visitors to my website please check this page from time to time to take notice of any changes I have made, as they are binding on you. You can see the last date changed at the top of the page and the guiding reference as an indicator of what if anything, is new.
Thank you for visiting and reading all this.
Interactive elements of this site
We will never ask you to email your banking or credit card details to us.
We ask you not to submit any sensitive or illegal data through any interactive elements on our site, for example: email, interactive forms and blog. All postings to the blog are subject to moderation prior to publishing, but we are not obliged to publish anything submitted via the blog. The Blog also records visitor statistics and referring pages and every comment is submitted along with the IP address which indicates visitors’ general geographic location and also the email address of the correspondent. We would not share or publish such information unless it is our legal duty to do so, or it is necessary to resolve a dispute.
Submission of Data to this Site
This entire site is copyright © 2012-2018 Charles Paxton and licensors.The contributing artists and authors retain and assert copyright of all their original works. All original materials on this site, including and not limited to design, text, graphics, logos, images, audio and video, are rights managed, and may only be downloaded for your personal use without express permission. Any further distribution for sale or any other use is expressly prohibited without permission. Modifying, distributing, re-publishing, publicly performing or broadcasting any of the recordings, text, graphics or images included on this site without express written consent from us is also prohibited. Please note that the social media share buttons are provided to help you share items on our site with the named social media, so please use them with gusto, guilt-free.
All material submitted to the site is considered to be intended for publication unless expressly stated otherwise, and must comply with applicable English laws and current social and political correctness, including, but not limited to not infringing copyright, not defaming any persons, not presenting danger to anyone including minors and vulnerable persons and not promoting discrimination or hatred. Don’t submit material to the site or blog that you do not want published. Materials submitted to this site and blog are subject to moderation anyway.
If you wish to contact us for any reason related to this website please email Charles at firstname.lastname@example.org
or write to The website manager and data controler Charles Paxton