By accessing and using this web site you agree to be bound by the Terms and Conditions as set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use this web site in any way.
"Agreement" means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Web Site (as defined below). "User" means you, the Web Site User. "Disclosed Information" means any and all material disclosed by the User. "Information" means any and all material contained in the Web Site (as defined below) which is delivered by or on behalf of (the web site operator) or any associates thereof. "Web Site" means any (identify client) web site and in particular, but not limited to:- (list & describe web sites operated by client).
2. Ownership of the Web Site
The Information contained on the Web Site is owned by, licensed or authorised to (the web site operator) its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by (the web site operator) or its licensors or its content or technology providers except where otherwise specified.
3. Basis of Use of the Web Site
The User agrees to the following:-
a. that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
b. that subject to Clause 3(f) it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time; c. that it shall not use the Information or the Disclosed information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement; d. that it shall not use or interfere with the Web site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired; e. that it shall not use the Web Site, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
f. that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of (the web site operator);
g. that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use (please also refer to Clauses 3b to 3f);
h. that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to (the web site operator);
i. that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Web Site shall remain vested in (the web site operator) at all times;
j. that it acknowledges that (the web site operator) has no obligation to provide the Web Site or any Information or to ensure that the User is able to use, provide and/or access the Information, the Disclosed Information and the Web Site;
k. that it will indemnify and keep indemnified (the web site operator) against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Disclosed Information, the Web Site or breach of the User's obligations under his agreement;. l. that any creative suggestions, ideas, notes, drawings, concepts or other information contained in any Disclosed Information shall be deemed, and shall remain, the property of (the web site operator) and (the web site operator) shall be free to use any such creative suggestions, ideas, notes, drawings, concepts or other information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products;
m. that it will not post information to any Web Site Bulletin Boards, Forums or Chat Rooms which is unlawful, threatening, harassing, abusive, defamatory or obscene, or any content the publication of which violates the rights of any third party. (The web site operator) and those acting on behalf of (the web site operator) have the right to remove and/or ban users that are seen to contravene this disclaimer.
4. Exclusion of Liability/Disclaimer
4.1 (The web site operator) provides the Web Site and the Information on an "as is" basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose. The probity of any advertisers and the veracity of any advertisements have not been checked by (the web site operator) and any information submitted or any reliance placed on the same is entirely at the risk of the User;
4.3 (The web site operator) excludes all liability (to the extent permitted by law) in respect of; a. any advertisements or other web sites which can be accessed via the Web Site; b. any information provided by third parties which can be accessed via the Web Site or which are contained in the information and the Disclosed Information; c. any damage to the User, the User's computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site, the Information or the Disclosed Information;
4.4 Except where notified in specific terms and conditions applicable to any children's sections of websites, (The web site operator) exercises no monitoring nor editorial control over any Web Site Bulletin Boards, Forums or Chat Rooms and accepts no responsibility for any views expressed or any other statement made or action taken in connection with such online elements of the Web Site. Notwithstanding the foregoing, (the web site operator) reserves the right to remove or edit any message or material for whatever reason.
4.5 Whilst (the web site operator) uses all reasonable endeavours to exclude viruses from the Web Site it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Web Site. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Web site.
6. Amendments to Terms and Conditions
(The web site operator) reserves the right to vary these Terms and Conditions from time to time. The User's continued use or access of the Web Site after such variation shall be deemed to confirm the User's acceptance of any such variation. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the web site immediately.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
8. No Waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
9. Entire Agreement
This Agreement comprises the full and complete understanding between the parties and supersedes all prior arrangements and undertakings whether written or oral appertaining to the subject matter of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Scotland the courts of which shall have non-exclusive jurisdiction.