Terms & Conditions
In these Terms and Conditions “we, our, us, Wedding Photography Scotland” refers to Wedding Photography Scotland (GSDD.co.uk)
ACCEPTANCE OF TERMS
By accessing the content of http://www.wedding-photography-scotland.com (“the Web site”) you agree to be bound by the terms and conditions set out herein. If you object to any of the terms and conditions set out in this agreement do not use the Web site at all.
You agree that you shall not use the Web site for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Web site in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Web site. You also agree not to compromise the security of the Web site or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
MODIFICATION
Wedding Photography Scotland reserve the right to change any part of this agreement without any form of notice and your use of the Web site will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
Wedding Photography Scotland have complete discretion to modify or remove any part of this Web site without warning or liability arising from such action.
WEDDING PHOTOGRAPHY SCOTLAND WEB SITE
A. These Terms of Service apply to all users of the Wedding Photography Scotland Web site, including users who are also contributors of photographic content, information, and other materials or services on the Web site. The Wedding Photography Scotland Web site may contain links to third party websites that are not owned or controlled by Wedding Photography Scotland. Wedding Photography Scotland has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wedding Photography Scotland will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve Wedding Photography Scotland from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Wedding Photography Scotland Web site and to read the terms and conditions and privacy policy of each other website that you visit.
B. You understand that when using the Wedding Photography Scotland Web site, you will be exposed to Submissions from a variety of sources, and that Wedding Photography Scotland is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wedding Photography Scotland with respect thereto, and agree to indemnify and hold Wedding Photography Scotland, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Wedding Photography Scotland permits you to link to materials on the Web site.
ACCESS
A. Wedding Photography Scotland hereby grants you permission to use the Web site as set forth in this Terms of Service, provided that: you will not copy or distribute any part of the Web site in any medium without Wedding Photography Scotland's prior written authorisation; you will not alter or modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose; and you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web site in a manner that sends more request messages to the Wedding Photography Scotland servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Wedding Photography Scotland grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wedding Photography Scotland 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 Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes.
INTELLECTUAL PROPERTY RIGHTS
A. The content on the Wedding Photography Scotland Web site, except all Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Wedding Photography Scotland, subject to copyright and other intellectual property rights under the laws of Scotland and foreign laws and international conventions. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wedding Photography Scotland reserves all rights not expressly granted in and to the Web site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Web site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Wedding Photography Scotland Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Wedding Photography Scotland Web site or the Content therein.
B. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other 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:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
ADVERTISER PAYMENTS
You will be liable to pay 1 month in advance for advertising services by the selected payment method. This may be monthly, quarterly or annual invoice, or via monthly standing order from your bank account to ours.
When payment is due you agree to ensure that funds are available. You must pay Wedding Photography Scotland payments due. You agree to make payment using that selected Payment Method.
If there is a change in pricing Wedding Photography Scotland shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.
ADVERTISER SUBSCRIPTION – REFUND POLICY
Once your advert has been activated, your fee is non-refundable, except at the discretion of management.
Should you decide not to use all advert features, your fees are non-refundable. Should your advert be paused because you have not adhered to our editorial policies, your fees are non-refundable. Any application for a refund will be treated on a case by case basis, at the discretion of management.
Should this site be unavailable for more than 24 hours due to hosting failure or any other reason beyond our control, we will not be liable for any direct, indirect or consequential loss to advertisers. However, we will consider requests to extend your advertising period for the appropriate period of time, subject to management discretion.
ADVERTISER SUBSCRIPTION CANCELLATION
Wedding Photography Scotland may submit periodic charges (for example, monthly) for your Wedding Photography Scotland subscription, or for any other fee-based service you order that will be charged on a monthly or other periodic basis, on such monthly or other periodic basis without further authorisation from you, until you provide prior written notice (confirmed in writing upon request) that you have terminated this authorisation or wish to change your payment method.
ADVERTISER USER SUBMISSIONS
A. The Wedding Photography Scotland Web site may now or in the future permit the submission of photographs, text or other communications submitted by you and other users ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, Wedding Photography Scotland does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wedding Photography Scotland to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Web site and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Web site and these Terms of Service. For clarity, you retain all of your ownership rights in your Submissions. However, by submitting the Submissions to Wedding Photography Scotland, you hereby grant Wedding Photography Scotland a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Wedding Photography Scotland Web site and Wedding Photography Scotland's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Wedding Photography Scotland Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Wedding Photography Scotland Web site a non-exclusive license to access your Submissions through the Web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Web site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Wedding Photography Scotland Web site.
C. In connection with Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wedding Photography Scotland all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Wedding Photography Scotland or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Wedding Photography Scotland does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Wedding Photography Scotland expressly disclaims any and all liability in connection with Submissions. Wedding Photography Scotland does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Wedding Photography Scotland will remove all Content and Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Wedding Photography Scotland reserves the right to remove Content and Submissions without prior notice. Wedding Photography Scotland will also terminate a User's access to its Web site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Web site more than twice. Wedding Photography Scotland also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Wedding Photography Scotland may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You agree to abide by our editorial guidelines. Not abiding by our editorial guidelines, may result in your service being paused or terminated.
E. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification Wedding Photography Scotland with the following information in writing.
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the Wedding Photography Scotland Web site, you will be exposed to Submissions from a variety of sources, and that Wedding Photography Scotland is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wedding Photography Scotland with respect thereto, and agree to indemnify and hold Wedding Photography Scotland, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Wedding Photography Scotland permits you to link to materials on the Web site. Wedding Photography Scotland reserves the right to discontinue any aspect of the Wedding Photography Scotland Web site at any time.
CHANGES TO THE SERVICES
We are committed to the constant improvement of our products and services. We reserve the right to modify Wedding Photography Scotland or any of the Services from time to time without prior notice but in so doing we will endeavour not to diminish the value and utility of the Services to any material degree. If we consider, acting reasonably, that such modification is likely to have a serious detrimental effect on your financial position, we will notify you of such modification and you shall have the option to:
* agree to the modification and continue to receive the Services; or
* terminate the Services and you will be entitled to a refund of that part of any Charges you have already paid to us and which relates to a period after the date that the Services have terminated.
WARRANTY DISCLAIMER
You agree that your use of the Wedding Photography Scotland website shall be at your sole risk. To the fullest extent permitted by law, Wedding Photography Scotland, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Wedding Photography Scotland makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Wedding Photography Scotland website. Wedding Photography Scotland does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Wedding Photography Scotland website or any hyperlinked website or featured in any banner or other advertising, and Wedding Photography Scotland will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Wedding Photography Scotland, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY unauthorised ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Wedding Photography Scotland WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Wedding Photography Scotland SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web site is controlled and offered by Wedding Photography Scotland from its facilities in the United Kingdom. Wedding Photography Scotland makes no representations that the Wedding Photography Scotland Web site is appropriate or available for use in other locations. Those who access or use the Wedding Photography Scotland Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDENITY
You agree to defend, indemnify and hold harmless Wedding Photography Scotland, its, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Wedding Photography Scotland Web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Wedding Photography Scotland Web site.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wedding Photography Scotland without restriction.
GENERAL
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Wedding Photography Scotland WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of Scotland and any user of the Web site hereby agrees to be bound exclusively by the jurisdiction of Scottish courts without reference to rules governing choice of laws.