Definitions

This Web Site (“Web Site”) is operated on behalf of Avocet Enterprises Limited. Registered offices: Unit 12, 323 West Street, Glasgow G5 8LG, Scotland, United Kingdom. Avocet Enterprises Limited Company Number: SC 39360 by Three Girls Media.

The terms “you”, “your” and “yours” when used in these Terms of Use means any user of this Web Site.

Agreement

Access to and use of this Web Site and the information, materials, and services available through this Web Site are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you do not agree, please exit this Web Site.

These Terms of Use may be changed from time to time without specific notice to you. The latest Terms of Use will be posted on the Web Site, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web Site. If you cannot access the Terms of Use via the Internet, a copy of the most recent Terms of Use can be provided by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS ALSO PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Services and information

All references on this Web Site to information, materials and services apply to information, materials and services available in the U.K. only, unless otherwise stated. None of the information and material on this Web Site should be construed as offering legal advice and specific legal advice is recommended before acting on any matter discussed or published on this Web Site.

Ownership

Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters (“proprietary rights”) related to this Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of or are licensed to Avocet Enterprises Limited or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

You do not acquire ownership rights to any such proprietary rights viewed through this Web Site. Except as otherwise provided herein, none of the proprietary rights may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Web Site and/or information, materials and/or services available on it to display, download, archive and print in hard copy, portions of this Web Site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

Trademarks

Avocet Enterprises Limited and its logos, all domain names, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Web Site, unless otherwise noted, are trademarks or licensed trademarks (whether registered or unregistered) of Avocet Enterprises Limited. All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners. You agree not to display or use the Marks in any manner without prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink disclaimer

This Web Site may contain links to web sites maintained by unrelated companies and persons. A link to another web site does not mean that such web site is approved or endorsed in any way

You are entirely responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, and for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations. Representations are not made whatsoever, nor are warranties of any kind given, expressed, implied, or otherwise about other web sites which you may access through this Web Site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave this Web Site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.

Links from other web sites

Any link to this Web Site without prior written permission is prohibited. Persons providing access to this Web Site via links from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning Avocet Enterprises Limited

Authorisation to link to this Web Site is given without assumption of any liability relating to such links, and any such liability is hereby disclaimed. Any authorisation to link to this Web Site may be withdrawn at any time and for any reason.

Anyone providing access to, or information relating to this Web Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for Avocet Enterprises Limited.

Data protection consent

By agreeing to these Terms of Use, you agree to the terms of this Web Site’s Privacy Policy.

Any communication or material you post or transmit over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any such personal information, you expressly grant permission for it to be disseminated and/or used for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

Your communications whether by mail, voice, fax, e-mail or any other form of transmission may be monitored for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided as a result of this Web Site will be handled in accordance with the Privacy Policy.

No warranties

NO REPRESENTATIONS OR WARRANTIES ARE MADE WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS”. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. NO REPRESENTATIONS OR WARRANTIES ARE MADE AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and liability for fraudulent misrepresentation is not excluded or limited.

Exclusion of liability

To the fullest extent permitted by applicable laws, on behalf of employees and volunteers, liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if the possibility of such damages or losses has been advised, arising out of or in connection with the use of this Web Site or any web site with which it is linked is excluded. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

Your obligations

You are responsible for providing and maintaining all personal computer and communications equipment necessary to gain access to this Web Site.

In consideration of your use of the Web Site, you agree to provide true, accurate, current and complete information about yourself.

You agree to use the Web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

Indemnity and release

You agree to indemnify, release and hold Avocet Enterprises Limited harmless as well as their respective officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.

Modification and discontinuation

This Web Site (or any portion thereof) may at any time and from time to time be modified, edited, deleted, suspended or discontinued temporarily or permanently and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that liability to you or to any third party shall not exist for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Entire understanding

These Terms of Use contain the entire understanding between you and Avocet Enterprises Limited with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. However, the standard Terms and Conditions of Sale displayed on this Web Site shall apply in relation to the purchase of any products from this Web Site. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law and jurisdiction

These Terms of Use are made under Scottish law and this Web Site is operated from Scotland. Access to, or use of, this Web Site or information, materials, products and/or services on this Web Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site. No representations are made that the information contained herein is appropriate or available for use in any location.

You agree that the courts of Scotland shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of Scotland shall govern such dispute or claim. However, legal proceedings may be brought in any jurisdiction where it is believed that infringement of this agreement is taking place or originating.