Website<\/strong>“).<\/p>\n\n\n\nPlease read these terms carefully before you start to use the Website. If you have any questions or issues please Contact Us.<\/p>\n\n\n\n
By accessing the Website you are deemed to have read and accepted the Terms, whether or not you are a registered user of the Website.<\/strong><\/p>\n\n\n\nWe may make changes to these Terms at any time and such changes will take effect and be binding upon you from the point at which they are posted on the Website. Therefore, you should check these Terms regularly to make sure you are abiding by the most current version. We may also make changes to the Website from time to time.<\/p>\n\n\n\n
Information about us<\/h3>\n\n\n\n
The Website is operated by the Findhorn Bay Arts (“FBA”). Findhorn Bay Arts is registered in Scotland No. SC413997 and Registered Charity No. SC049867.<\/p>\n\n\n\n
Registered address: Findhorn Bay Arts, 98 High Street, Forres, IV36 1NX<\/p>\n\n\n\n
Access and Availability<\/strong><\/h3>\n\n\n\nWe reserve the right to withdraw, suspend or amend access to all or any part of the Website or cease its operation temporarily or permanently at any time without notice.<\/p>\n\n\n\n
Access to, and the use of, some parts of the Website (including content) may be restricted to Registered Users only (or to selected Registered Users).<\/p>\n\n\n\n
We may, at our sole discretion, refuse to register a user or to provide access to certain parts of the Website to certain users, or terminate the membership of a Registered User without providing reasons for doing so.<\/p>\n\n\n\n
We will use reasonable endeavours to ensure that the Website is accessible 24 hours per day but the Website is provided on an “as is” and “as available” basis, and we give no warranties or guarantees that the Website will meet particular levels of availability or functionality. Therefore, we strongly recommend that you do not post any business critical information or material on the Website and that you keep copies of all information and content you post on the Website in accordance with your employer’s policies and processes.<\/p>\n\n\n\n
You are responsible for making all arrangements necessary for you to have access to the Website. We cannot guarantee that the transmission of any information over your internet connection will be secure nor can we guarantee that the Website will be compatible with any or all hardware and software that you may use to visit the Website.<\/p>\n\n\n\n
Your Conduct<\/strong><\/h3>\n\n\n\nWe allow you access to the Website in good faith. You must not do any of the following:<\/p>\n\n\n\n
\n- defame, abuse, harass, stalk, intimidate, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others; impersonate any other person or entity, whether actual or fictitious or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity or use or attempt to use another Registered User’s account;<\/li>\n\n\n\n
- upload, post, transmit, share or otherwise make available any content that we deem to be obscene, indecent, unlawful, harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, fraudulent, hateful, or racially, ethnically, sexually or otherwise objectionable;<\/li>\n\n\n\n
- upload, post, transmit, share or otherwise make available any material which contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as adirect or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or<\/li>\n\n\n\n
- use the Website for commercial purposes; upload, post, transmit, share or otherwise make available any unsolicited advertising.<\/li>\n\n\n\n
- unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or engage in any other form of solicitation;<\/li>\n\n\n\n
- upload, post, transmit, share or otherwise make available content unless you are sure there are no restrictions on your ability to do so;<\/li>\n\n\n\n
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, corrupted files, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;<\/li>\n\n\n\n
- delete any required author attributions, legal notices or proprietary designations or labels in, or falsify the origin or source of, any material that is uploaded;<\/li>\n\n\n\n
- use automated scripts to collect information from or in any way seek to change the Website or otherwise interact with the Website;<\/li>\n\n\n\n
- register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; or<\/li>\n\n\n\n
- upload, post, transmit, share or otherwise make publicly available on the Website any private information of any other party, including, addresses, phone numbers, email addresses, and credit card numbers without first having obtain their written consent to this.<\/li>\n<\/ul>\n\n\n\n
We will determine, in our sole discretion, whether a contribution to the Website or any other activity breaches these Terms.<\/p>\n\n\n\n
You agree to obtain our consent in advance of any advertising activity on the Website. We will only allow advertising which is in line with our overall goals to support more effective knowledge sharing and to provide access to new and emerging practice for public service improvement and innovation, and tools for developing and sharing open and linked data and applications. We may withhold consent to advertising at our absolute discretion.<\/p>\n\n\n\n
Viruses, Hacking and Other Offences<\/strong><\/h3>\n\n\n\nYou must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.<\/p>\n\n\n\n
We will report any such action to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.<\/p>\n\n\n\n
Content<\/strong><\/h3>\n\n\n\nThe majority of the information, data, text, software, photographs, graphics, messages, tags, or any other material (” Content<\/strong>“) on the Website is generated by the FBA or our associates.<\/p>\n\n\n\nContent may be out of date and we make no commitment to update or remove Content. We do not warrant the accuracy, completeness, integrity or quality of any Content on the Website.<\/p>\n\n\n\n
Content is for information only and cannot be regarded as constituting advice or recommendations (professional or otherwise) and should not be relied on without taking independent advice. You are solely responsible for any decisions you take based on Content. We disclaim all liability and responsibility arising from any reliance placed on such materials from any Registered User or other visitor to our site, or by anyone who may be informed of any of its contents.<\/p>\n\n\n\n
When you use the Website you may be able to share Content with us and with certain other Registered Users and will have access to Content provided by certain other Registered Users. You are solely responsible for Content you post or make available on the Website. Any Content you display on the Website is done so entirely at your own risk.<\/p>\n\n\n\n
We reserve the right to consider and respond to requests under the Freedom of Information Act 2000 (” FOI<\/strong>“) for information which might or might not be held on the Website.<\/p>\n\n\n\nWe may from time to time disclose Content provided by Registered Users to the police or other enforcement or regulatory bodies if (i) the disclosure may assist their investigations or (ii) the disclosure is required by law or any regulatory obligation, or (iii) we believe that such disclosure is necessary to assist in the prevention or detection of any criminal action (including fraud).<\/p>\n\n\n\n
Monitoring<\/strong><\/h3>\n\n\n\nBy using the Website you accept that you will be able to access Content posted by other Registered Users in an unedited and unrestricted form. We reserve the right, but have no obligation, to monitor the use of the Website. Facilitators of communities may also monitor your use of that community. We will not be responsible as author, editor or publisher of any Content.<\/p>\n\n\n\n
We reserve the right promptly without notice to you to reject, remove, or edit any Content on the Website without any liability on our part.<\/p>\n\n\n\n
If you encounter any content or behaviour in connection with use of the Website which you think is unacceptable you should report it to us by using the Contact link on the Website. We will then review the content or behaviour and decide whether it complies with the Terms and we will deal with it in our discretion.<\/p>\n\n\n\n
Links from and to another website<\/strong><\/h3>\n\n\n\nWhere the Website contains links to websites provided by third parties, these links are provided for your information only. We have no control over the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement of such websites, or any products or services contained on them.<\/p>\n\n\n\n
Please bear in mind that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the third parties.<\/p>\n\n\n\n
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.<\/p>\n\n\n\n
The Website must not be framed on any other site except with our permission. We reserve the right to withdraw linking permission without notice.<\/p>\n\n\n\n
If you wish to make any use of material on the Website other than that set out above, please contact us.<\/p>\n\n\n\n
Disclaimers<\/strong><\/h3>\n\n\n\nWe do not warrant that the Website is uninterrupted or error free or free of viruses, worms, Trojan Horses or technical defects of any description, and we accept no responsibility for any technical problems arising from your use of the Website.<\/p>\n\n\n\n
Unless we specifically state otherwise, we provide the Website to you without any conditions, warranties, or guarantees which are expressly excluded to the extent permitted by law.<\/p>\n\n\n\n
Our liability to you<\/strong><\/h3>\n\n\n\nNothing within these Terms operates so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other matter for which it would be illegal for us to attempt to limit or exclude our liability.<\/p>\n\n\n\n
We will not be liable for:<\/p>\n\n\n\n
\n- any indirect, consequential or special losses or damages or anyloss of profits, data or income arising in contract, tort (including negligence) or otherwise arising out of or in connection with your useof the Website;<\/li>\n\n\n\n
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and<\/li>\n\n\n\n
- any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium or any virus infection or denial of service attack).<\/li>\n<\/ul>\n\n\n\n