TERMS AND CONDITIONS
Background
This agreement applies as between you, the User of this
Web
Site, and the owner of this Web Site, Jason Davidson.
Your
agreement to comply with and be bound by these terms and
conditions is deemed to occur upon your first use of the
Web
Site. If you do not agree to be bound by these terms and
conditions, you should stop using the Web Site
immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the
following
meanings:
“Content” means any text, graphics, images, audio,
video,
software, data compilations and any other form of
information
capable of being stored in a computer that appears on or
forms
part of this Web Site;
“Learning Establishment” means any provider of education
to
persons of any age including, but not limited to,
schools,
colleges, universities and professional / adult
education
providers;
“Service” means collectively any online facilities,
tools,
services or information that this site makes available
through
the Web Site either now or in the future;
“System” means any online communications infrastructure that
we
make available through the Web Site either now or in the
future.
This includes, but is not limited to, web-based email,
message
boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the
Web
Site and is not employed by Jason Davidson and acting in
the
course of their employment; and
“Web Site” means the website that you are currently using
and
any sub-domains of this site unless expressly excluded by
their
own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms
and
Conditions, all Content included on the Web Site, unless
uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips,
data
compilations, page layout, underlying code and software is
the
property of Jason Davidson, or our affiliates. By continuing
to
use the Web Site you acknowledge that such material is
protected
by applicable United Kingdom and International
intellectual
property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in
any
other fashion re-use Content from the Web Site for purposes
as
specified in Clause 4 of these Terms and Conditions and
for
personal or educational purposes only unless otherwise
indicated
on the Web Site or unless given express written permission
to do
so by us. Specifically you agree that:
2.2.1 You will not use the Content of the Web Site for
commercial purposes;
2.2.2 You will not systematically copy Content from the Web
Site
with a view to creating or compiling any form of
comprehensive
collection, compilation, directory or database unless
given
express written permission to do so;
2.2.3 You may, as a student of a recognised Learning
Establishment, use the Content of the Web Site for
educational
purposes provided an appropriate reference is given for
all
Content so applied using a suitable referencing system of
your
choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the
Content
of the Website for teaching purposes subject to the
following
conditions:
a) No further consent is required for use in
not-for-profit
Learning Establishments. This may include, but is not
limited
to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments,
prior
written consent is required. This may include, but is
not
limited to, private schools charging fees, universities
and
adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the
Intellectual
Property Rights subsisting therein belongs to other
parties.
This Content, unless expressly stated to be so, is not
covered
by any permission granted by Clause 2 of these Terms and
Conditions to use Content from the Web Site. The exceptions
in
Clause 4 continue to apply. Any such Content will be
accompanied
by a notice providing the contact details of the owner and
any
separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without
written
permission where any of the exceptions detailed in Chapter
III
of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless
expressly
stated, these sites are not under our the control or that of
our
affiliates. We assume no responsibility for the content of
such
web sites and disclaim liability for any and all forms of
loss
or damage arising out of the use of them. The inclusion of
a
link to another site on this Web Site does not imply any
endorsement of the sites themselves or of those in control
of
them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other
sites
may do so without prior permission.
7. Use of Communications Facilities
7.1 When using any forums and / or any other System on the
Web
Site you should do so in accordance with the following
rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or
otherwise
objectionable. This includes, but is not limited to,
Content
that is abusive, threatening, harassing, defamatory,
ageist,
sexist or racist;
7.1.3 No Content that is intended to promote or incite
violence;
7.1.4 It is advised that posts on any forums and
communications
with us are made using the English language as we may be
unable
to respond to enquiries submitted in any other
languages;
7.1.5 You must not post links to other web sites containing
any
of the above types of Content;
7.1.6 The means by which you identify yourself must not
violate
these terms of use or any applicable laws;
7.1.7 You must not engage in any form of commercial
advertising.
This does not prohibit references to businesses for non-
promotional purposes including references where advertising
may
be incidental;
7.1.8 You must not impersonate other people,
particularly
employees and representatives of this site or our
affiliates;
and
7.1.9 You must not use our System for unauthorised mass-
communication such as “spam” or “junk mail”.
7.2 You acknowledge that we reserve the right to monitor any
and
all communications made to us or using our System.
7.3 In order to use any forums and any other
communication
facility that may be added in the future on this Web Site,
you
are required to submit certain personal details. By
continuing
to use this Web Site you represent and warrant that:
7.3.1 Any information you submit is accurate and truthful;
and
7.3.2 You will keep this information accurate and
up-to-date.
8. Privacy
Use of this Web Site is also governed by our Privacy
Policy
which is incorporated into these Terms and Conditions.
To view the Privacy Policy, please click on the Privacy
Policy
page.
9. Disclaimers
9.1 We make no warranty or representation that the Web Site
will
meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular
purpose, that it will not infringe the rights of third
parties,
that it will be compatible with all systems, or that it will
be
secure.
9.2 Whilst every reasonable endeavour has been made to
ensure
that all information provided on this Web Site will be
accurate
and up to date, we make no warranty or representation that
this
is the case. We make no guarantee of any specific results
from
the use of our services.
9.3 No part of this Web Site is intended to constitute
professional advice of any kind and the Content of this Web
Site
should not be relied upon when making any decisions or
taking
any action of any kind. Rather, the use of this Web Site
is
intended as a simple tool to obtain general information
only.
9.4 The information on this Web Site is not designed
with
commercial purposes in mind. Commercial use of the Content
of
this Web Site is forbidden under Clause 2.2.1 of these Terms
and
Conditions. Any such use constitutes a breach of these Terms
and
Conditions and we make no representation or warranty that
this
Content is suitable for
use in commercial situations or that it constitutes
accurate
data and / or advice on which business decisions can be
based.
9.5 Whilst every effort has been made to ensure that all
descriptions of services available from us correspond to
the
actual services available, we are not responsible for
any
variations from these descriptions.
10. Availability of the Web Site
The Service is provided “as is” and on an “as available”
basis.
We give no warranty that the Service will be free of defects
and
/ or faults. To the maximum extent permitted by the law
we
provide no warranties (express or implied) of fitness for
a
particular purpose, accuracy of information, compatibility
and
satisfactory quality.
We accept no liability for any disruption or
non-availability of
the Web Site resulting from external causes including, but
not
limited to, ISP equipment failure, host equipment
failure,
communications network failure, power failure, natural
events,
acts of war or legal restrictions and censorship.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, we accept
no
liability for any direct or indirect loss or damage,
foreseeable
or otherwise, including any indirect, consequential, special
or
exemplary damages arising from the use of the Web Site or
any
information contained therein. Users should be aware that
they
use the Web Site and its Content at their own risk.
11.2 Whilst every effort has been made to ensure that
these
terms and conditions adhere strictly with the relevant
provisions of the Unfair Contract Terms Act 1977, in the
event
that any of these terms are found to be unlawful, invalid
or
otherwise unenforceable, that term is to be deemed severed
from
these terms and conditions and shall not affect the validity
and
enforceability of the remaining terms and conditions. This
term
shall apply only within jurisdictions where a particular
term is
illegal.
12. Law and Jurisdiction
These terms and conditions and the relationship between you
and
this website shall be governed by and construed in
accordance
with the Law of Scotland, and this website and you agree
to
submit to the exclusive jurisdiction of the Courts of
Scotland.
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