Terms and Conditions
Please read this document carefully before you start to use our site or app. By using our site or app, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, you must refrain from using our site or app.
ACCESSING OUR SITE OR APP
Access to our site or app is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. We will not be liable if our site or app is unavailable at any time or for any period.
We may restrict access to some parts or all of the website or app, to registered users.
If you are provided with a password or information as part of our security procedures, you should treat such information as confidential and you must disclose it to any third party. We have the right to disable your password whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the terms in this document.
You are responsible for making all arrangements necessary for you to have access to our site or app.
You are responsible for ensuring that all persons who access our site or app through your Internet connection are aware of these terms and that they comply with them.
We may use your information to enhance the services we provide. We will only ever contact you if we believe it is in your interest.
OUR INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated and subject to condition 2.2, we are the owner or the licensee of all intellectual property rights in our site and app and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Pursuant to conditions 9.1, 9.2 and 9.2, site or app users who upload or submit material and content have represented and warranted to StunningStonehaven :
(i) that they own all rights in the material or have the right to submit the material;
(ii) that the material does not violate or infringe upon the rights of any third party (including any rights of copyright, trademark or privacy); and
(iii) That they agree to defend, indemnify and hold harmless StunningStonehaven from and against any and all losses and all claims by third parties, resulting from their breach of any of the foregoing representations or warranties. StunningStonehaven relies on these representations and warranties and does not accept responsibility to the extent they are inaccurate and user generated content breaches any third party rights.
You may :
(i) view and display the contents of our site and our app using your Internet browser and/ or smartphone;
(ii) download extracts of the contents of our site to your device solely for your own personal use and not for any commercial or business purposes whatsoever. You must ensure that if you download any extracts, you also download these terms and conditions; and
(iii) print off a single copy of a page or extract of our site solely for your own personal use and not for any commercial or business purposes whatsoever. You must ensure that any printed materials include an acknowledgement of our intellectual property rights in that content.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors and other third parties) as the authors of material on our site must always be acknowledged.
You must not use any part of the content/ materials on our site or app for any commercial or business purposes without obtaining a license to do so from us or our licensors.
The reproduction by whatever means of the whole or any part of any content/ materials is strictly forbidden for any commercial or business purposes.
In the event that you utilise any content/ materials in a commercial or business related way that is not allowed by these terms and conditions, we reserve the right to seek damages through legal channels.
You must satisfy yourself that the use of any content/ materials is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any content or material.
The names and logos identifying our site and app and/ or us and our products and services are either :
(i) proprietary marks of StunningStonehaven or;
(ii) marks that is licensed to use (unless otherwise stated).
Nothing in these Terms and Conditions shall confer on you any license or ownership of such marks or of any other intellectual property right.
RELIANCE ON INFORMATION
Commentary and other materials posted or featured on our site or app are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or app, or by anyone who may be informed of any of its contents.
OUR SITE AND APP CHANGES
We aim to update our site and app regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely. Any of the content or materials on our site may be out of date at any given time and we are under no obligation to update such content/ material.
The material displayed on our site and app is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude :
(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or app in connection with the use, inability to use, or results of the use of our site or app, any websites linked to it and any materials posted on it, including, without limitation any liability for :
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill
- wasted management or office time; and/ or
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
You agree to defend, indemnify and hold us harmless, our subsidiaries, affiliates, officers, directors, employees and agents from and against all damages, liabilities, claims, damages, costs or expenses (including reasonable legal fees and costs) we incur arising from any use of any content/ materials supplied to you.
Unless specificaly stated on www.stunningstonehaven.co.uk/events, event listing on the site and app does not imply any funding or any endorsement of the event by StunningStonehaven or its people.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE OR APP
Any analytical information gathered by us is anonymous and not attributed to individuals, but provide analysis of the way visitors use the site or app, which then allows us to review and make improvements to the site or app.
By registering on the site or app and creating your StunningStonehaven profile you agree that :
(i) you will keep your username and password safe and won’t share them with anyone; and
(ii) you will not pass yourself off as someone else or create multiple, false accounts.
If you breach these or any of our other terms and conditions, we reserve the right to close your account. If we do so, we may close all accounts you have open in your name
You can update your personal details by accessing your account at your StunningStonehaven profile page and make any necessary changes. This will update your details across all communications that you have registered to.
No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of is under these terms are independent, cumulative and without prejudice to its rights under the law.
These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
These terms and/or your use of the site or app shall be governed by and construed in accordance with Scottish law and the Scottish Courts shall have exclusive jurisdiction over any dispute which may arise.
You represent and warrant to StunningStonehaven that :
Any material you upload to our site or app will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site or app.
We have the right to remove any material or posting you make on our site or app without notice or cause.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site or app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site or app, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site/app or to your downloading of any material posted on it, or on any website linked to it.
LINKING, FRAMING AND CLOAKING
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed or cloaked on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
Where our site or app contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site or app although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
TERMINATION OF ACCOUNT AND BLOCKING ACCESS
We reserve the right to close a user account and edit or delete their data at our sole discretion.
We reserve the right to block or refuse access to our site or app at our sole discretion.
If any provision of the Terms and Conditions is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Terms shall continue in full force and effect.
CHANGES TO TERMS AND CONDITIONS