STORIES FROM A SCOTTISH ISLAND TERMS & CONDITIONS
Introduction- Please read these Terms of Service (“Terms”) carefully as they are the legal terms and conditions that you agree to when you use the services provided to you by Stories From A Scottish Island Ltd. By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to click a Sign Up button to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.Part A: Provisions applicable to all Users of the Service (Whether Registered or Not) Operator This Service is operated by Stories From A Scottish Island Ltd., a company incorporated under Scottish Law. Stories From A Scottish Island Ltd. is also referred to in these Terms as “we” and “us”.
-Purpose of the Service- Stories From A Scottish Island Ltd. offers a podcast online sharing service to view, store and share digital podcasts through a range of electronic devices including personal computers and hand-held devices.
-Availability- Stories From A Scottish Island Ltd. uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Stories From A Scottish Island Ltd.. Every reasonable step will be taken by Stories From A Scottish Island Ltd. to minimise such disruption where it is within the reasonable control of Stories From A Scottish Island Ltd.. You agree that Stories From A Scottish Island Ltd. shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Stories From A Scottish Island Ltd. service for any reason and without notice at any time.
-Trademarks- All brand, product and service names used in this Service which identify Stories From A Scottish Island Ltd. or third parties and their products and services are proprietary marks of Stories From A Scottish Island Ltd. and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Stories From A Scottish Island Ltd. or any third party with respect to any such image, logo or name. QuickTime, Flash, and Windows Media Player and related icons are the property of their respective owners and such owners have not endorsed or sponsored the computer services provided on this Site. Intellectual Property Rights in Stories From A Scottish Island Ltd., unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the Stories From A Scottish Island Ltd. www.storiesfromascottishisland.com Service and Stories From A Scottish Island Ltd. created and owned content used by Stories From A Scottish Island Ltd. in connection with providing the Service. You may not publish, distribute, extract, re-utilise, or reproduce any component part or portion of the Service or Stories From A Scottish Island Ltd. created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our legal notice.
-Reporting Violations of Your Copyrights- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)
If you believe the copyright in your work has been violated through this Service, please contact Stories From A Scottish Island Ltd.’s agent for notice of claims of copyright infringement, at email@example.com You must provide our agent with the following information, which Stories From A Scottish Island Ltd. may then forward to the alleged infringer:
* identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
* provide your address, telephone number, and email address;
* provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
* provide your physical or electronic signature. Upon receiving your complaint, Stories From A Scottish Island Ltd. may remove content that you believe infringes your copyright. In addition, Stories From A Scottish Island Ltd. may terminate the account of the member who appears to be infringing your intellectual property rights.
-General- These Terms constitute the entire agreement between Stories From A Scottish Island Ltd. and you with respect to your use of the Service. Stories From A Scottish Island Ltd.’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
-Comments-If you have any comments or questions about the Service please contact us by email at firstname.lastname@example.org
-Registration- To register as a member of the Service you must be 16 years or over, or with written parental permission. We reserve the right to refuse service to anyone for any reason at any time. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
-Password- When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Stories From A Scottish Island Ltd. immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
-Formation of a Binding Contract- No contract will exist between you and Stories From A Scottish Island Ltd. for the supply of any services or products unless and until Stories From A Scottish Island Ltd. accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.
Copyright in Your Digital Content Stories From A Scottish Island Ltd. does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your digital content through the Service and fulfilling any orders for you or those with which you have shared your content, you grant to Stories From A Scottish Island Ltd. a non-exclusive, royalty-free license to use, copy, distribute, and display that digital content. Please note that when you share your storiesfromascottishisland.com content, you allow the recipients to share and make copies of that content.
You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each video that you upload, share or print. Professional content that are provided to you by professional content creators or made available through websites or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
* for any unlawful purposes;
* to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
* to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Stories From A Scottish Island Ltd.;
* to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
* to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
* to upload, post, email or otherwise transmit any material which is likely to cause harm to Stories From A Scottish Island Ltd. or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
* to make videos manufactured and/or produced by Stories From A Scottish Island Ltd. available for viewing by the general public through a publicly posted link to the video or otherwise;
* to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.
Violation of any of these agreements will result in the termination of your Stories From A Scottish Island Ltd. account. While Stories From A Scottish Island Ltd. prohibits such conduct and content on its site, you understand and agree that Stories From A Scottish Island Ltd. cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Stories From A Scottish Island Ltd. service at your own risk.
You further agree that you shall not:
1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
2. provide any information to Stories From A Scottish Island Ltd. that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
3. make duplicate user accounts to bypass account restrictions.
4. not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Stories From A Scottish Island Ltd. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Stories From A Scottish Island Ltd. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
-Monitoring of Content- Stories From A Scottish Island Ltd. does not control the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.
-Suspension, Modification and Termination of Access and Membership- You agree that Stories From A Scottish Island Ltd. may at any time without notice:
* refuse to accept your application to become a member of the Stories From A Scottish Island;
* move or suspend any part of the Service; or
* refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Stories From A Scottish Island Ltd.’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Stories From A Scottish Island Ltd. to do so;
* modify any user name or other content that could be confusing with any Stories From A Scottish Island Ltd. products and services or which contains any explicit/objectionable content.
-Storage Policy- Stories From A Scottish Island Ltd. provides online storage of content to its members. If your account becomes inactive for a period of 12 months,Stories From A Scottish Island Ltd. may, at its option, terminate access to the account altogether (including deletion of any account information held by Stories From A Scottish Island Ltd.). Stories From A Scottish Island Ltd. may change this policy at any time, upon reasonable notice to you.
-User Termination- The user may cancel their account at any time without refund.
-Disclaimer of Warranty and Limitation of Liability- Stories From A Scottish Island Ltd. agrees that all services will be carried out with reasonable skill and care. THE SERVICE, Stories From A Scottish Island Ltd.’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY Stories From A Scottish Island Ltd. “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Stories From A Scottish Island Ltd. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO Stories From A Scottish Island Ltd., AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Stories From A Scottish Island Ltd. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, Stories From A Scottish Island Ltd.’s SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF Stories From A Scottish Island Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY