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Legal | Terms and Conditions |
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| Friday, 06 April 2007 | |
Intellectual Property Protection
Use of Holyrood Communications ContentYou may retrieve and display Holyrood Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Holyrood Communications:
Licence Fee, Payment, and TransactionsAccess to certain Holyrood Communications Content is available only to subscribers. All payments must be made in advance. You are responsible for the payment of all charges associated with the use of the Site using your ID. If your use of the Site is terminated by Holyrood Communications, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination. You may use the Site to purchase products or services from Holyrood Communications's third party partners. In that event, your contract for such products will be with the third party partner and not with Holyrood Communications. Refunds for Annual Subscriptions are given on a pro-rata basis, as long as more than eight months of the subscription remains. The cost of each month (or part thereof) of the subscription that has elapsed will be deducted from the cost of the Annual Subscription at the prevailing monthly rate. After four months of an Annual Subscription have elapsed, refunds cannot be given. Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of Holyrood Communications. Term and TerminationHolyrood Communications may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Holyrood Communications Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Holyrood Communications provided in these Terms or by law. Changes to the SiteHolyrood Communications reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Holyrood Communications Content available on the Site at any time and to restrict the use and accessibility of the Site. Registration, Passwords and ResponsibilitiesCertain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Holyrood Communications Content and the Site using your user name, sign-on password, and/or ID. You agree immediately to notify Holyrood Communications if you become aware of any loss or theft of any sign-on password or ID or any unauthorised use of a sign-on password, ID, user name, or of Holyrood Communications Content or the Site. You will provide Holyrood Communications with accurate, complete registration information (including in particular your email address) and inform Holyrood Communications of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Holyrood Communications reserves the right to monitor and record activity on the Site, including access to Holyrood Communications Content. Each registration is for a single user only. You may not share your user name and password with any other person. Holyrood Communications does not permit access through a single name and password being made available to multiple users on a network. Holyrood Communications may cancel or suspend your access to the Site if you do this without further obligation to you. Within the context of an existing customer registration of an email address, we may use your electronic contact details for the offering of similar products or services, in accordance with Directive 95/46/EC. Privacy PolicyThe information that you provide about yourself to Holyrood Communications will only be used in accordance with Holyrood Communications's Privacy Policy Statement. The ForumThe Site may include bulletin boards, discussion groups and other public areas that allow feedback to Holyrood Communications and interaction between users and Holyrood Communications representatives. While Holyrood Communications does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by Holyrood Communications on a Forum. You may not:
By submitting Message to a Forum you are granting Holyrood Communications perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Holyrood Communications reserves the right to contact you by email with regard to your use of the Forum. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for Holyrood Communications fully and effectively to monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Holyrood Communications immediately. No Warranty, Disclaimer of Liability and IndemnityWhilst every effort has been made to ensure the high quality and accuracy of the Site, Holyrood Communications makes no warranty, express or implied concerning Holyrood Communications Content, the site, software or products or services available through the site (the "Site Services"), which are provided "as is". Holyrood Communications expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Holyrood Communications, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Holyrood Communications has been advised of the possibility that such damages may arise. Holyrood Communications does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties. In no event will any liability of Holyrood Communications, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Holyrood Communications exceed the amount, if any, paid by you to Holyrood Communications in respect of the particular Site Service to which the claim relates. Upon Holyrood Communications's request, you agree to defend, indemnify and hold harmless Holyrood Communications from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services. Force MajeureHolyrood Communications, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Holyrood Communications Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions. Email policyWe reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail ("email") which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all emails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge. If we decide to publish an email from you on any of the site or in any of our publications, we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff. Where appropriate, we will endeavour to respond to emails within 3 days of receipt, but give no warranty that we will respond to any email sent to us. Advertising and SponsorshipThe Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. E-commerce Your dealings with any third parties, in particular advertisers and/or merchants, via the Site, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to in the 'No Warranty, Disclaimer of Liability and Indemnity' above in relation to such dealings. Information Management We will use any personal data collected during your use of the Websites in accordance with current UK data protection legislation and the data protection notice we provide to you when you give us your personal information. CookiesWhen you visit one of our Websites, we may send you a cookie. A cookie is a small file that can be placed on your computer's hard disc for record keeping purposes and we may use them to do a number of things. Cookies help us to recognise you when you next visit one of our Websites and note the advertisements displayed to you. This allows us to tailor the advertisements we provide to your preferences. We may use the services of third party ad servers for this purpose. Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party collects such data on our behalf to measure the performance of the Websites. Information collected is aggregated for reporting purposes. No personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of our Websites. You are not obliged to accept cookies and may modify your browser so that it will not accept cookies. MiscellaneousChanges to these Terms. Holyrood Communications may, in its discretion, change these Terms (including those relating to your use of Site and/or Holyrood Communications Content). When Terms are changed, Holyrood Communications will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Holyrood Communications has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Holyrood Communications Content may be subject to additional terms and conditions. Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Holyrood Communications is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Holyrood Communications is not responsible for the availability of these web sites or their contents. Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Holyrood Communications. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right. Notices. Notices to Holyrood Communications must be given in writing by letter and sent to Holyrood Communications's last known place of business. Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Scotland, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply. Headings. Headings in these Terms are for convenience only and have no legal meaning or effect. Governing Law and JurisdictionThese Terms shall be governed by, and construed in accordance with, Scots law. The parties irrevocably agree that the courts of Scotland shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Scottish courts. For the exclusive benefit of Holyrood Communications, Holyrood Communications shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business. |
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| Last Updated ( Wednesday, 02 April 2008 ) |
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