TERMS AND CONDITIONS OF USE
OF
www.EdinburghPubGuide.co.uk
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.EdinburghPubGuide.co.uk ("the Website") and
any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions.
You will not use the Website/Services for any purpose that is unlawful or prohibited by
these Terms and Conditions.
By using the Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and Conditions you must
immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your
continued use of the Website/Services following any changes shall be deemed to be
your acceptance of such change. It is therefore your responsibility to check the Terms
and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas,
news groups, forums and/or other message or communication facilities ("the Services") designed
to enable you to communicate with others. Unless stated otherwise the Services are for your
personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish
to allow their children access to and use of the Website/Services should supervise such
access and use. By allowing your child access to the Services you are allowing your child access
to all of the Services, including email, bulletin boards, chat areas, news groups,
forums and/or other message or communication facilities. It is therefore your responsibility to
determine which Services are appropriate for your child. Always use caution when revealing
personally identifiable information about yourself or your children via any of the Services.
4 PRIVACY POLICY
We are committed to responsible data management and subscribe to the principals of the data protection
legislation in the United Kingdom. We are committed to maintaining the privacy of our users and
maintaining the security of any personal information received from you. If you register for any
of the Services you will be asked to provide basic personal information. The information provided
by you is not available for sale or use by third parties. The information is used solely for notifying
you of changes or updates to the Website/Services.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration
process by providing certain information and registering a username and password for use with that Service.
You are responsible for maintaining the confidentiality of the username and password and also for
all activities which take place under your account. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of security. In no event
will www.EdinburghPubGuide.co.uk be liable for any indirect or consequential loss or damage
whatsoever resulting from the disclosure of your username and/or password. You may not use
another person’s account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images,
sound, illustrations and other materials ("the Content"), whether posted publicly or
transmitted privately, are the sole responsibility of the person from whom such Content originated.
We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of
such Content and you acknowledge that by using the Services you may be exposed to Content that
is offensive and/or indecent. www.EdinburghPubGuide.co.uk will not be liable in any way for any
Content or for any loss or damage of any kind resulting from the use of any Content transmitted
via the Services and you agree to bear all risks associated with the use of any Content, including
any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any
other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless
such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or
impair the Website/Services or interfere with any other party’s use and enjoyment
of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information or confidential information disclosed in the
course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services through hacking,
password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials
posted to a communications facility and, at our sole discretion, to remove any material
that breaches these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the Services at any time,
without notice, for any reason, including without limitation, breach of these Terms and Conditions.
We may also at any time, at our sole discretion, discontinue the Website/Services or any
part thereof without prior notice and you agree that we shall not be liable to you or
any third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained
by others. Any link to other websites is not an endorsement of such websites and
you acknowledge and agree that www.EdinburghPubGuide.co.uk is not responsible for
the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data
exported from the United Kingdom or the country in which you reside (if different)
and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website and the Services) are
protected by copyright, trade marks, patents and other intellectual
property rights and laws. In accessing the Website you agree that you will
access the contents solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced, transmitted, stored,
sold or distributed without the prior written consent of the copyright holder.
This excludes the downloading, copying and/or printing of pages of the Website for
personal, non-commercial home use only.
10.2 www.EdinburghPubGuide.co.uk does not claim ownership of any materials you post,
upload or submit to any publicly accessible area of the Services. However, by doing
so you are granting us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or publish
such Content for as long as you elect to display such Content via the Services.
The licence shall be terminated when such Content is deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold www.EdinburghPubGuide.co.uk harmless from and against any
breach by you of these Terms and Conditions and any claim or demand brought
against www.EdinburghPubGuide.co.uk by any third party arising out of your
use of the Services and/or any Content submitted, posted or transmitted through the Services,
including without limitation, all claims, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses) howsoever suffered or
incurred by www.EdinburghPubGuide.co.uk in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are
provided on an "AS IS" and "AS AVAILABLE" basis without any representation
or endorsement made and without warranty of any kind whether express or implied,
including but not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, www.EdinburghPubGuide.co.uk will not be liable
for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity, data, profits)
arising out of or in connection with the use of the Website/Services.
12.3 www.EdinburghPubGuide.co.uk makes no warranty that the Website/Services will meet
your requirements, that Content will be accurate or reliable, that the
functionality of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services or the server
that makes them available are free of viruses or anything else
which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or
limit the liability of www.EdinburghPubGuide.co.uk for death or
personal injury as a result of the negligence of www.EdinburghPubGuide.co.uk.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
then such Term or Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect and continue
to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance
with the law of Scotland and you hereby submit to the
exclusive jurisdiction of the Scottish courts.