CONDITIONS OF ACCEPTANCE
YOUR attention is drawn to the following terms and conditions which relate to the placing of advertisements in all publications owned by Wyvex Media Limited.
Parties to this agreement are the Publisher, Wyvex Media Limited on the one part and the Advertiser on the other part. The Publisher publishes websites, newspapers, magazines, books and provides advertising space therein or provides for the delivery of advertising materials to the public within these publications.
1. Advertising copy shall be legal, decent, honest and truthful and comply with the British Code of Advertising Practice and all other codes.
2 The Publisher does not guarantee the insertion of any particular advertisement.
3 The Publisher reserves the right to cancel or alter the advertisement by giving reasonable notice.
4 An order for an advertisement shall be deemed to be made on acceptance of the advertisers. order by the Publisher whether placed by telephone, mail, fax, online or in person.
5 Cancellation of display advertising must be received by the Publisher before the publishing deadline, failing which, the publisher reserves the right to invoice the customer in full for the whole cost of the advertisement.
6 The parties submit to the jurisdiction of the Scottish Courts and Scots Law. In the event of any dispute or action by the Publisher to recover payment from an advertiser, it is agreed that matters will be settled in the Oban, Argyll Sheriff Court or such other Court as the Publisher may choose.
7 The Publisher shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which any advertisement is scheduled to appear. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement, the Publisher will either re-insert the advertisement or relevant part of the advertisement, as the case may be, or make reasonable refund or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
8 Errors must be notified to the Publisher in writing within fourteen days of publication. In no circumstances shall the total
liability of the Publisher for any error, misprint or omission exceed the amount of a full refund of any price paid to the Publisher for the particular advertisement in connection with which liability arose or the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
9 The Advertiser/Advertising Agency agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the publication as the result of legal actions or threatened legal actions arising from the publication of the advertisement in any one or more of a series of advertisements published in accordance with copy instructions supplied to the publication in pursuance of the Advertiser/Advertising Agency order.
10 Adverts under the value of £75 must be paid on acceptance of order by the Publisher. All advertising on a credit basis must be agreed with the Publisher in advance.
11 Payment of any invoice raised by the Publisher will be due 15 days from the date of invoice or as otherwise directed on the invoice. In the event of non-payment the Publisher may charge late payment interest at a rate of 2% and this is chargeable on a daily basis from the due date until the bill is paid. In addition the Publisher may charge a late payment levy of £10 as an administration fee. In the event of late payment the Publisher reserves the right to disallow any discounts given and to raise an additional invoice for the discount which will be treated as though it has been raised with the original invoice.
12 A request to insert an advertisement assumes acceptance of our conditions.
TERMS OF ACCESS TO THE WEBSITE
The websites listed in Appendix A, and the subdomains of it (“the Website”) along with the publications in Appendix B (“the Publication”) are published and operated by WYVEX MEDIA LIMITED, Lochavullin Estate, Oban, Argyll PA34 4HB registered in Scotland Company No. SC082218 (“the Publisher”).
BY ENTERING THE WEBSITE YOU HAVE INDICATED THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN PLEASE LEAVE THE WEBSITE IMMEDIATELY.
1. Links. No metatags hyperlinks or other forms of linkage whatsoever to any other site may be imposed on the website without the prior express written consent of the Publisher. Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and the Publisher has no control over them and accepts no liability in respect of your use or inability to use them or any of the content of such web sites.
2. Viruses. If you knowingly send or infect the Website with a virus, Trojan horse, worm, etc then the Publisher retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred by it as a result of your actions.
3. Liability. The Publisher accepts no liability in respect of the content of any third party material appearing on the Website or in respect of the content of any other website to which the Website may be linked from time to time. The Publisher makes no warranty in respect of the contents of this Website and accepts no liability for any loss or damage whatsoever and however arising whether directly or indirectly as a result of access to and use of this Website including without limitation acting or failing to act in reliance on any information contained herein.You must not rely on any statement published on the Website without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, the Publisher will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
The Publisher gives no warranties of any kind concerning the website or the material. In particular, the Publisher does not warrant that the website or any of its contents is virus free. You must take your own precautions in this respect as the Publisher accepts no responsibility for any infection by virus impairing computer program or other contamination or by anything which has destructive properties. The Publisher accepts no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, the website, nor does it endorse any of those organisations or any of their products or services.
The information in these pages may be updated from time to time and may at times be out of date. The Publisher accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
4. Indemnity. You understand that you are personally responsible for your behaviour while on the Website, and agree to indemnify and hold the Publisher and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees and costs) that they may incur in connection with a third party claim or otherwise, in relation to your use of the Website, access to the Website, your violation of either these Terms or the rights of any third party, and any other matter in connection with your participation in the services on the Website.
5. Force Majeure. The Publisher does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Publisher or the server(s) that makes it available are free of viruses or bugs.
6. Jurisdiction- These Terms & Conditions shall be governed by and interpreted in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the Courts of Scotland. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
COPYRIGHT NOTICE AND LICENCE
1. Ownership. The copyright in the Website and its contents belongs to the Publisher, or has been included with the consent of other copyright owners. Reproduction in any form, printing or downloading of part or all of the contents is forbidden save in accordance with the licence granted below.
2. Licence to copy for personal use: You may print copies of any item in hard copy provided that you do not edit alter amend or delete any part of it or combine it with other material. You may recopy the material to individual third parties for their personal information only if you acknowledge the Website as the source of the information by including such acknowledgement and the address of the Publisher and the Website in the copy of the material AND you inform the third party that the material may not be copied or reproduced in any way. You may not supply the material to any third party for commercial gain.
3. No Transmission. No part of the Website or the contents thereof may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
1. In order to contribute to the forums on this Website you require to complete the Forum registration form and submit your name and email address. By submitting your name and email address you will be deemed to have accepted these terms and conditions in their entirety.
2. You agree to provide true, accurate and complete records about yourself and to update this when the information changes. You agree to not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another use.
1. By submitting any material to the Publisher, you waive all your moral rights in such materials and agree not to post any material:
1. that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
2. for which you have not obtained all necessary licences and/or approvals; or
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
By submitting any material to the Publisher, including but not limited to digital video and images, mobile text messages, blogging, message boards, emails and audio submissions, you automatically grant the Publisher the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.
The Publisher will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of this clause.
You will indemnify the Publisher and keep the Publisher indemnified from and against all costs, claims, damages and expenses made against or incurred by it as a result of a third party alleging that the use of such content by the Publisher infringes the intellectual property rights of a third party.
By participating in the Forums you agree to abide by the Forum Regulations. The Publisher reserves the right to change these Forum Regulations at any time by posting these changes online. You are responsible for regularly reviewing information posted online to obtain notice of such changes. Your continuing use of the Forums once these changes are posted constitutes your acceptance of these Forum Regulations as modified by the posted changes. You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the website. Such material may include without limitation words, artwork, pictures (still or moving) and sound. You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. The Publisher does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by the Publisher prior to posting and does not necessarily reflect the opinions or policies of the Publisher. The Publisher makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
If any content breaks the rules below it may be removed by the moderators of the Website.
Regulations for Contributing to the Forums
1. Moderation. The Publisher is keen to encourage lively and informed debate but at the same time considers that some of its topics will require a closer level of oversight and moderation. The Publisher cannot guarantee that all comments can be published. The Publisher will publish as many comments as it can without editing.
2. Complaints. If you think a comment breaks the Forum Regulations, click on the “Report this Comment” button. You will be asked to log in / register. Once you have logged in, the “Report This Comment” form will appear with a field to enter your reason. Please fill this in telling the Publisher why you think the comment is not acceptable. Once you press the “Report” button, your complaint will be brought to the attention of the Publisher’s moderators, who will decide whether the comment breaks the regulations. If it does, it will be removed. If it doesn’t, it will be allowed to remain on the Forum. This process may be automated, and the comment may be removed automatically, before being reviewed by the moderators. Then it will either be reinstated, or remain removed from the site. The Publisher will not enter into correspondence about complaints.
3. Prohibited material. This is material that includes but is not limited to content that, in the Publisher’s opinion
(1) is a personal attack or used to insult Forum members
(2) is unlawful, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, pornographic, racially offensive or otherwise objectionable material or harasses or advocates harassment of another person.
(3) is spamming, flooding or interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
(4) is advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these regulations to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
(5) promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
(6) attempts to impersonate another person.
(7) publicises anyone else’s contact details including email address other than your own.
(8) provides links to websites the Moderator considers unsuitable, which sites will include but are not limited to those with racist material, pornographic or sexually explicit material, potentially defamatory material, anything which encourages illegal activities, material which infringes copyright, sites which purely plug or promote commercial products or services without containing material which enhances the subject matter, sites that start with automatic downloads or sites which may offend users of the Forum.
(9) exploits people in a sexual or violent manner;
(10) solicits personal information from anyone under 18
(11) promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
(12) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
(13) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or instant messaging “;
(14) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(15) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(16) amounts to a contempt of court or breach of court interdict or injunction .
(17) amounts to gratuitous swearing or abuse.
1. Disclaimers. The Publisher is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Members on the Website or the Services may contain links to other websites although the Publisher is not responsible for any User generated links or linked-to content. The Publisher is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Publisher. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by the Publisher. The Publisher takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Publisher is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. The Publisher assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content. The Publisher is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall the Publisher be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline.