1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [16] years of age to use our website or have the permission of your parent or guardian ; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [16] years of age or your parent accepts these terms on your behalf.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

 

2. We are The Metal Detectorist

3. Copyright notice

3.1 Copyright (c) [The Metal Detectorist

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensor's, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all social media website.  these rules and conditions over rule any other terms and conditions and you should read them carefully

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) [stream audio and video files from our website]; and

(e) [use [our website services] by means of a web browser],

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own purposes. not in conjunction with any business unless you have sought express permission from the owners set out at the bottom and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f) [violate the directives set out in the robots.txt file for our website]; or

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

[additional list items]

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Registration and accounts

6.1 To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and resident in the United Kingdom].

6.2 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.5 You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

6.6 You are subscribing to a system that holds data about metal detecting events that are normally held for members only. You must not share that information to any other third party

6.7 Your payment for a subscription is for a yearly membership,  cancelling your account does not entitle you to a refund after having the opportunity to browse that information

6.8 By creating and having an account approved, gives you that right to browse our data.  No refunds are given on any part subscription should you cancel your account or subscription 

7. User login details

7.1 If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

7b Metal Detecting Events

7b.1  You are responsible for choosing and selecting the event you want to attend whether on this website or in any social media websites where our advertisements are placed

7b.2  You must pay a fee on entry to those events, prices may vary but they are clearly show in any event description you are interested in

7b.3 You must have a type of insurance that covers you for the activity of metal detecting in and on public and private land

7b.4 You must ensure that you have read and accepted the code and conduct of the national council for metal detecting .  You can find that code of conduct here https://www.ncmd.co.uk/code-of-conduct/ please review them and by clicking accept terms and conditions on this website you also confirm you have accepted them

7b.5 You are responsible for all transport to and from fields when you are attending any of our events

7b.6 You must be courteous and polite at all times to all members and members of the public.

7b.7  You must not approach any land owners property to talk to them about anything to do with metal detecting events or permissions otherwise granted to the metal detectorist.  Failure to comply with this section in 100% of the times it happens will render you liable for private prosecution for damages

7b.8 You can dig any hole on the land provided but you must ensure that land is replaced not to cause any harm to any person or livestock.  You must also ensure that all earth removed from the land is replaced.

7b.9  You must remove any find from the ground. It must not be placed back into the hole,  it should be stored in a suitable way and deposited in a hedgerow or in a suitable collection bin.

7b.10 If you find any find that is of a significant value you must report in line with the rules in force at the time.  those rules can be found here > https://finds.org.uk/documents/advice.pdf

7b.11 You have the right to retain any find you uncover with 100 percent claim to that item if the value of that item is below 300 GBP.  If the item is over that value (items in dispute need an Independent valuation)the land owner has a 50/50 percent legal claim over the item.  You must ensure that any item you uncover that is of that significant value has these rules applied to it. Failure to do so will lead to legal action being taken on you and our fees and charges for our time spent trying to recover it will be charged and recovered from you.

7b.12 Any valuation of any item in dispute will be levied by the detectorist

7b.13 Any detectorist breaching any one of these items will be removed from the club

7b.14 You must submit you insurance details on this website and accept the terms and conditions to attend any of our events.  If you do not you will not be allowed on any event

 

7c Significant finds

 

7c.1  If in the event A detectorist uncovers something of any significant nature. He has the right to cordon off a 30 meter section of the event field.  Once that

          area has been cordoned off, only elected members of that detectorist can enter to help uncover any finds for the original finder.  No other members have any right to enter. If any member introduces there metal detector coil beyond the perimeter of that exclusion zone they will be permanently removed from any event and there membership across all platforms will be removed.  

7c.2   Any find found within that area by invited members has to be passed forward to the original finders box and classed as his find.  No claim or entitlement to any find within that designated area can be made irrespective of value by any member or non member.

 

 

8. Cancellation and suspension of account

8.1 We may:

(a) [suspend your account];

(b) [cancel your account]; and/or

(c) [edit your account details],

at any time in our sole discretion without notice or explanation. We will terminate and remove your account if at anytime you confirm you are going to an event and then fail to attend. We may still then use and reuse your content without seeking permission from the person who submitted that content.  All content once submitted becomes the property of the metal detectorist,  we may use, reuse and publish those details, information and pictures, videos or part there of within the website and reproduce that footage on other websites.

8.2 You may cancel your account on our website [using your account control panel on the website].

9. Your content: licence

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) [depict violence[ in an explicit, graphic or gratuitous manner]];

(m) [be pornographic[, lewd, suggestive or sexually explicit]];

(n) [be untrue, false, inaccurate or misleading];

(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) [constitute spam];

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r) [cause annoyance, inconvenience or needless anxiety to any person].

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website].

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with [English law].

19.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

20. Statutory and regulatory disclosures

20.2 We are subject to UK law and the ruling of the treasure act

20.3 We are registered as the metal detectorist

21. Our details

21.1 This website is owned and operated by the metal detectectorist, kingswood close, bawtry. Doncaster. DN10 6PQ

21.4 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact forms

(c) [by telephone, on 0800 567 7701

(d) [by email, using This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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