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Terms of Use
Access to and use of this site ('benbecula.com')
is provided by Benbecula Limited subject to the following terms:
1. By using benbecula.com you agree to be legally bound by
these terms, which shall take effect immediately on your first use of
benbecula.com. If you do not agree to be legally bound by all the following
terms please do not access and/or use benbecula.com.
2. Benbecula Limited may change these terms at any time by posting
changes online. Please review these terms regularly to ensure you are aware
of any changes made by Benbecula Limited. Your continued use of
benbecula.com after
changes are posted means you agree to be legally bound by these terms as
updated and/or amended.
Use of benbecula.com
3. You may not copy, reproduce, republish, download, post,
broadcast, transmit, make available to the public, or otherwise use
benbecula.com content in any way except for your own personal, non-commercial
use. You also agree not to adapt, alter or create a derivative work from any
benbecula.com content except for your own personal, non-commercial use. Any
other use of benbecula.com content requires the prior written permission of
Benbecula Limited.
4. You agree to use benbecula.com only for lawful purposes, and
in a way that does not infringe the rights of, restrict or inhibit anyone
else's use and enjoyment of benbecula.com. Prohibited behaviour includes
harassing or causing distress or inconvenience to any person, transmitting
obscene or offensive content or disrupting the normal flow of dialogue
within benbecula.com.
Disclaimers and Limitation of Liability
5. benbecula.com content, including the information, names,
images, pictures, logos and icons regarding or relating to Benbecula Limited, its products and services (or to third party products
and services), is provided "AS IS" and on an "IS AVAILABLE" basis without
any representations or any kind of warranty made (whether express or implied
by law) to the extent permitted by law, including the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
6. Under no circumstances will Benbecula Limited be liable for any of the following losses or damage (whether such
losses where foreseen, foreseeable, known or otherwise): (a) loss of data;
(b) loss of revenue or anticipated profits; (c) loss of business; (d) loss
of opportunity; (e) loss of goodwill or injury to reputation; (f) losses
suffered by third parties; or (g) any indirect, consequential, special or
exemplary damages arising from the use of benbecula.com regardless of the form
of action.
7. Benbecula Limited does not warrant that functions contained in
benbecula.com content will be uninterrupted or error free, that defects will be
corrected, or that benbecula.com or the server that makes it available are free
of viruses or bugs.
Intellectual Property
8. The names, images and logos identifying Benbecula Limited or third parties and their products and services are subject to
copyright, design rights and trade marks of Benbecula Limited or third parties. Nothing contained in these terms shall be construed as
conferring by implication, estoppel or otherwise any licence or right to use
any trademark, patent, design right or copyright of Benbecula Limited or any other third party.
Contributions to benbecula.com
9.
Where you are invited to submit any contribution to benbecula.com (including any
text, photographs, graphics, video or audio) you agree, by submitting your
contribution, to grant Benbecula Limited a perpetual, royalty-free, non-exclusive,
sub-licenseable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, play, make
available to the public, and exercise all copyright and publicity rights
with respect to your contribution worldwide and/or to incorporate your
contribution in other works in any media now known or later developed for
the full term of any rights that may exist in your contribution, and in
accordance with privacy restrictions set out in Benbecula Limited's
Privacy Policy. If you do not
want to grant to Benbecula Limited the rights set out above, please do not submit your
contribution to benbecula.com
Further to paragraph 9, by submitting your contribution to benbecula.com, you:
10.1 warrant that your contribution;
10.1.1 is your own original work and that you have the right to make it
available to Benbecula Limited for all the purposes specified above;
10.1.2 is not defamatory; and
10.1.3 does not infringe any law; and
10.2 indemnify Benbecula Limited against all legal fees, damages and other expenses
that may be incurred by Benbecula Limited as a result of your breach of the above
warranty; and
10.3 waive any moral rights in your contribution for the purposes of its
submission to and publication on benbecula.com and the purposes specified above.
General
11.
If there is any conflict between these terms and specific terms appearing
elsewhere on benbecula.com (including local house rules) then the latter shall
prevail.
12.
If any of these terms are determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these
terms are intended to be effective, then to the extent and within the
jurisdiction in which that term is illegal, invalid or unenforceable, it
shall be severed and deleted from these terms and the remaining terms shall
survive, remain in full force and effect and continue to be binding and
enforceable.
13.
These terms shall be governed by and interpreted in accordance with the laws
of Scotland.
Benbecula Limited
PO Box 23250
Portobello
EDINBURGH
EH15 2WW
Scotland.
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