Terms of Service

 

Throughout these Terms and Conditions, “we”, “us” and “our” refer to the company ScotVision running the website www.scotvision.com. Please take a few minutes to read the following Terms and Conditions carefully as, by using our website, it is automatically assumed that you agree with them. If you don’t agree, please do not use the website. We reserve the right to make any modifications that we deem necessary at any time. Please check these terms regularly as your continued use of the website means that you agree to those changes.

1. Agreement
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.scotvision.com (the “Site”) and describe the Terms and Conditions applicable to your access and use of the Site. This Agreement may be modified at any time by us upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.scotvision.com/terms.php. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Intellectual Property Ownership
(a) Our Content
All content included on this Site is and shall continue to be the property of ScotVision or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without our express permission. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. Other product and company names mentioned on this Site may be trademarks of their respective owners.

 (b) Personal Use
We grant you a limited, revocable, non-exclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at our discretion and we may terminate your use of the Site at any time.

 (c) Other Uses
All other use of content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, is strictly prohibited without our prior express written consent.

3. Website Design
(a) Site Design
We will make every effort to design your customized site in the shortest possible time. We cannot provide any guaranteed timescale as each site will have its own level of complexity.
In the case of a mobilized site, your site will be designed based on the colour scheme and graphics on your existing desktop site and we will combine pages where necessary to bring the number of front page links down.

 (b) Completion of Site
Once you have agreed to, and paid for, the design, the new site will be considered complete and any subsequent changes will be subject to an additional charge as outlined on the fees page.
In the case of a mobilized site, once you have agreed to, and paid for, the design, the new mobilized site will reside on our servers until the end of the 30-day guarantee period. Under no circumstances will a mobilized site be released inside this guarantee period.  At the end of the 30-day guarantee period we will either continue to host your mobilized site or release it to you according to your instructions.  Should you decide not to take advantage of our Hosting Service, we will provide you with a zipped file containing your new mobilized site and full instructions for installing it with your existing webhost. We can do this work for you as a courtesy service. However, should you decide to do this yourself we will not be held liable for any damage, data loss or any other inconvenience to you or your customers resulting from your actions.  Should you decide to take advantage of the 30-day money-back guarantee we will issue a refund of your fee within 7 days and immediately remove your site from our servers. In addition we will provide you with full instructions on how to remove the redirect code from your existing desktop site.

4. Hosting Service
(a) Use of Resources
Our Hosting Service provides web space to allow you to upload pages and files for the purpose of creating and publishing websites. The Hosting Service allows you “unlimited” disk space unless your website is being used for file distribution. Such websites that allow downloading of video, audio or other files will be subject to a bandwidth limit of twenty-five Gigabytes per calendar month. Other usage by these websites will be unaffected by this limit.

(b) Prohibited Uses
The Hosting Service must only be used for legal purposes. It must not be used to store any illegal content. This includes copyrighted works, commercial audio, video, or music files, adult content such as pornography and erotic images or other obscene content. Pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, etc., is also strictly forbidden, including “how to” information on such material.
The Hosting Service must not be used to knowingly transmit any data containing viruses, malware, adware or any other programs designed to be harmful to any computer system.
The Hosting Services must not be used to run any chatroom scripts, indexing programs, bit torrent applications, gaming servers or to take part in any file-sharing activities.
The Hosting Service must not be used as a backup facility and all files must be essential to the viewing of your website. Files that don’t meet this condition will be deleted without notice.

(c) Interactive Functions
If you run an interactive function such as a message board, moderation of the content posted on it by you or any third party is entirely your responsibility. Content must comply with applicable law in the country from which it is posted.
Content must not be defamatory, obscene, offensive, hateful, inflammatory or pornographic.
Content must not promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Content must not infringe any copyright or trademark.
Content must not promote any illegal activity, be threatening, abusive or invasive to another’s privacy, or cause annoyance, inconvenience or needless anxiety to any other person.

(d) Email
If you configure a mailbox, or mailboxes, while using the Hosting Service, these mailboxes must not be used to send messages or communications which are unsolicited, offensive, abusive, indecent or obscene, or which are designed for the purpose of fraud or any other criminal offence.

(e) Termination
Failure to comply with the above terms will result in immediate termination of your account. No refund of any monies on a pro-rata basis will be paid as a result.
We reserve the right to disclose any information to law enforcement agencies if we feel this is necessary.

5. Transfers
We will make every effort to help you move your website from your present host to our Hosting Service. This is a courtesy service and we cannot provide any guarantees regarding the time required to complete such a transfer, or if the transfer is even possible. We will not be held liable for any lost or missing data resulting from a transfer to our Hosting Service. Backing up your data is solely your responsibility.

6. Fees and Payment Terms
All fees for the Hosting Service are payable in advance and are non-refundable.
Fees for the designing of a mobilized site include a 30-day money-back guarantee.
All fees must be paid in UK Pounds Sterling.
We reserve the right to change the prices for any of our services at any time, but all pricing is guaranteed for the period of any prepayment. One month’s notice of any changes to pricing will be communicated by email to all customers.

7. Terms and Termination
The term of service for the Hosting Service is monthly.
In order to ensure continuity of the Hosting Service, an auto renewal policy operates. When the initial term expires, your subscription to the Hosting Service will be automatically renewed for the same period as the initial term by the charging of the credit/debit card used in payment for the initial term.
We reserve the right to terminate your use of the Hosting Service at any time. In this event you will be entitled to a pro-rata refund based on the unexpired term of service. If you have contravened this Agreement you will not be entitled to a refund.
We reserve the right to terminate your use of the Hosting Service should you fail to make advance payment for use of the Hosting Service when such payment becomes due.
Either party may terminate the use of the Hosting Service by giving notice in writing to the other party if the other party:

(i) is in contravention of this Agreement and fails to remedy such contravention within 30 days of the receipt of a request in writing to remedy this, the request detailing the contravention and indicating that failure to remedy such may result in termination of use of the Hosting Service;

(ii) becomes the subject of a voluntary arrangement under Part 1 of the Insolvency Act 1986;

(iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

(iv) has a receiver, liquidator or administrator appointed over all or part of its assets or income;

(v) has ceased to trade.

8. Cancellation
Customers may cancel their use of the Hosting Service at any time and will be entitled to a pro-rata refund based on the unexpired term of service.

9. Disclaimers
(a) Limitation of Liability. The services on our Site are provided “as seen” and without guarantees of any kind. Use of our Site is entirely at a visitor’s own risk and any damage to computer or data resulting from visiting the Site is entirely the responsibility of the visitor. All warranties, either designated or implied, in addition to limitless warranties, of sale and suitability of purpose are disclaimed as far as the law permits. This also applies to the non-infringement of proprietary rights. We cannot guarantee that the use of this Site will not be interrupted or free of error and that the Site or its server will be virus free. Under no circumstances shall we, our associates or agents be reponsible for any direct or indirect loss or injury or any damages whatsoever arising from the use of this Site. This also applies to any information, service or products accessed from the Site, even if we’ve been advised that such damage may be possible. In the event that the law denies the exclusion of our being liable for certain warranties, then the exclusion does not apply to the visitor to the amount designated by law.

(b) Data Loss
We do not back up your data or website. While we would make every effort to recover lost data in the event of a hardware failure, we cannot guarantee to be able to replace lost data. You are strongly advised to make your own backup of all files and databases on your website.

(c) Interruption of Service
While every effort is made to provide 100% “uptime” of the Hosting Service, we cannot guarantee that it will be uninterrupted or error-free. Your use of the Hosting Service requires you to accept its provision hereunder “as is” without warranty of any kind.
We will not be liable for any interruptions or outages arising directly or indirectly from factors outside our reasonable control, or for your actions or those of any third parties. Nor will we be liable for same owing to problems with your equipment and/or third party equipment.

(d) Earnings Disclaimers
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavour please use caution and seek the advice of your own personal, professional advisors such as your lawyer and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement on this Site as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavour is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavour.
There are risks in any endeavour that are not suitable for everyone. If you use capital, only “risk” capital should be used.
There is no guarantee that you will earn any money using any of the ideas presented in our materials. Examples in our materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining any actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. No guarantee is made that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavour you may undertake.
Please understand that past performance cannot be an indication of possible future results.

10. Indemnification
You agree to indemnify, defend and hold ourselves and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable lawyer’s fee arising out of:

(i) any injury to person or property caused by any products sold or distributed in connection with our Hosting Service;

(ii) any material supplied by you which infringes the proprietary or intellectual property rights of a third party;

(iii) any defective products sold by you while using our Hosting Service;

(iv) any breach of any of your obligations or the warranties given by you in this Agreement.

11. Miscellaneous
(a) Prohibition Against Data Mining
You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to our Site. You may not use our Site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any materials for any unsolicited commercial email.

(b) Intended Audience
This Site is intended for adults only. The Site is not intended for any children under the age of 18.

(c) Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

(d) Privacy
Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at www.scotvision.com/web/privacy-policy. We reserve the right, and you authorize us, to use and assign all information regarding Site usage by you and all information provided by you in any manner consistent with our Privacy Policy.

(e) Assignment
You shall not assign, sub-license or transfer your use of the Hosting Service to any third party without our prior written consent. However, in the event that we agree to such an assignment, sub-license or transfer, then this Agreement will be binding upon the parties and their permitted assigns.

(f) Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

(g) Applicable Law
You agree that Scots law will govern this Agreement and any dispute that may arise between you and ourselves or our affiliates. Venue shall be in Scotland.