TERMS OF USE
We have taken every
effort to design our Web site to be
useful, informative, helpful, honest and fun. Hopefully
we’ve accomplished that -- and would ask that you let
us know if you’d like to see improvements or changes
that would make it even easier for you to find the
information you need and want.
All we ask is that
you agree to abide by the following
Terms and Conditions. Take a few minutes to look them
over because by using our site you automatically agree
to them. Naturally, if you don’t agree, please do not
use the site. We reserve the right to make any
modifications that we deem necessary at any time.
Please continue to check these terms to see what those
changes may be! Your continued use of the DUMFRIES
AND GALLOWAY INFO Web site means that you accept
those changes.
THANKS AGAIN FOR
VISITING!
Restrictions on Use
of Our Online Materials
All Online Materials
on the www.dumfriesandgalloway.info site,
including, without limitation, text, software, names,
logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and
music are copyrighted intellectual property.
You, the visitor, may
download Online Materials for
non-commercial, personal use only provided you 1)
retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you
do not use the materials in a manner that suggests an
association with any of our products, services, events
or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer
for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or
for any other purpose unless you get our written
permission first. Neither may you add, delete, distort
or misrepresent the www.dumfriesandgalloway.info site.
Any attempts to modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you
download, any software, plus all files,
all images incorporated in or generated by the software,
and all data accompanying it, is considered licensed to you
by www.dumfriesandgalloway.info or third-party licensors
for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we
retain full and complete title to the software and to all
of the associated intellectual-property rights. You’re
not allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it to
any other form that people can use.
Submitting Your
Online Material to Us
All remarks,
suggestions, ideas, graphics, comments, or
other information that you send to www.dumfriesandgalloway.info
through our site (other than information we promise to
protect under our privacy policy becomes and remains
our property, even if this agreement is later
terminated.
That means that we
don’t have to treat any such
submission as confidential. You can’t sue us for using
ideas you submit. If we use them, or anything like
them, we don’t have to pay you or anyone else for them.
We will have the exclusive ownership of all present and
future rights to submissions of any kind. We can use
them for any purpose we deem appropriate to our
www.dumfriesandgalloway.info mission, without
compensating you or anyone else for them.
You acknowledge that
you are responsible for any
submission you make. This means that you (and not we)
have full responsibility for the message, including its
legality, reliability, appropriateness, originality,
and copyright.
Limitation of
Liability
DUMFRIES AND GALLOWAY
INFO WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR
USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT
ARE NOT LIMITED TO) DAMAGES OR
INJURY CAUSED BY ANY:
USE OF (OR INABILITY
TO USE) THE SITE USE OF (OR
INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON
OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION
OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE
THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED
TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY
(KNOWN IN LEGAL TERMS
AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY
FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS
"INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE
BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN
STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO
RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY
EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide
referrals to and links to other
World Wide Web sites from our site. Such a link should
not be seen as an endorsement, approval or agreement
with any information or resources offered at sites you
can access through our site. If in doubt, always check
the Uniform Resource Locator (URL) address provided
in your WWW browser to see if you are still in a
www.dumfriesandgalloway.info-operated site or
have moved to another site. DUMFRIES AND GALLOWAY
INFO is not responsible for the content or practices
of third party sites that may be linked to our site.
When DUMFRIES AND GALLOWAY INFO provides
links or references to other Web sites, no inference or
assumption should be made and no representation should
be inferred that DUMFRIES AND GALLOWAY INFO
is connected with, operates or controls these Web sites.
Any approved link must not represent in any way, either
explicitly or by implication, that you have received the
endorsement, sponsorship or support of any DUMFRIES AND
GALLOWAY INFO site or endorsement, sponsorship or support
of DUMFRIES AND GALLOWAY INFO, including its respective
employees, agents or directors.
Termination of This
Agreement
This agreement is
effective until terminated by either
party. You may terminate this agreement at any time, by
destroying all materials obtained from all DUMFRIES AND
GALLOWAY INFO Web siteS, along with all related
documentation and all copies and installations. DUMFRIES
AND GALLOWAY INFO may terminate this agreement at any time
and without notice to you, if, in its sole judgment, you breach any
term or condition of this agreement. Upon termination,
you must destroy all materials. In addition, by
providing material on our Web site, we do not in any
way promise that the materials will remain available to
you. And DUMFRIES AND GALLOWAY INFO is entitled to
terminate all or any part of any of its Web site without
notice to you.
Jurisdiction and
Other Points to Consider
If you use our site
from any worldwide location you are
responsible for compliance with any and every applicable
local laws.
These Terms of Use
shall be governed by, construed and
enforced in accordance with THE LAW OF THE
UNITED KINGDOM
as it is applied to agreements
entered into and to be performed entirely within such
jurisdiction.
To the extent you
have in any manner violated or
threatened to violate DUMFRIES AND GALLOWAY INFO
and/or its affiliates' intellectual property rights, DUMFRIES
AND GALLOWAY INFO and/or its affiliates may seek injunctive
or other appropriate relief in any court of law and you consent
to exclusive jurisdiction of any court as is appointed by DUMFRIES
AND GALLOWAY INFO and/or its representatives.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: UNITED
KINGDOM. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by
each of us. Excluding (travel and accommodation costs
for those outside the borders of Scotland) (any form of
communications involving a third party cost element,
written or verbal).
If it proves
impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: UNITED KINGDOM, upon the
award rendered by the arbitration. Judgment may be
entered in any court with jurisdiction to do so.
DUMFRIES AND GALLOWAY
INFO may modify these
Terms of Use, and the agreement they create, at any time,
simply by updating this posting and without notice to you.
This is the ENTIRE agreement regarding all the matters that
have been discussed.
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