These Conditions (defined below) apply to the use of the Website (defined below), whether as a guest or a registered user. Please read these Conditions carefully before using the Website. By accessing and browsing this Website, you accept, without limitation or qualification to be bound by these Conditions. If you do not agree with these Conditions, you may not access or use this Website.
|“Conditions”||means these terms and conditions;|
|“Intellectual Property Rights”||means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world;|
|“Personal Information”||means any and all personal information provided by you, on registering with the Website;|
|“we or us or our”||means Foundry Fit|
|“Website”||means the website located at http://www.foundryfit.co.uk and any subsequent URL which may replace it|
|“you”||means the person, firm, company or other organisation using the Website;|
ACCESSING THE WEBSITE
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions, and that they comply with them.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
You may use the Website only for lawful purposes. You may not use the Website:
- In any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To use or re-use any material which may in any way infringe our Intellectual Property Rights.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We do not accept any liability or responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
WEBSITE CHANGES REGULARLY
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all Intellectual Property Rights in the Website, and in the material published on it. You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website shall remain at all times vested in Foundry Studios. You are permitted to use this Website and the material contained therein only as expressly authorised by us.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Conditions, your right to use Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
SUSPENSION AND TERMINATION
We will determine, in our reasonable discretion, whether there has been a breach of these Conditions through your use of the Website. When a breach of these Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Conditions constitutes a material breach of the Conditions upon which you are permitted to use the Website, and may result in our taking any or all action we deem appropriate, including, but not limited to:-
- Immediate, temporary or permanent withdrawal of your right to use the Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
- Issue of a warning to you.
- Legal proceedings being taken against you for the reimbursement of any reasonable costs that we incur (including, but not limited to, reasonable administrative and legal costs) as a direct result of you failing to abide by the Conditions.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The material that we display on the Website is provided without any guarantees, conditions or warranties as to its accuracy. As such, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded.
We shall not be liable to you in any event for losses related to your use of the Website or in connection with such use, inability to use, or results arising from your use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, which was not reasonably foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
VIRUSES, HACKING AND OTHER OFFENCES
You 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.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is in accordance with these Conditions, does not infringe on our or any other party’s Intellectual Property Rights and does not damage our reputation or take advantage of it. However, 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.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects the provisions of the content standards and acceptable use paragraphs.
If you wish to make any use of material on the Website other than that set out above, please address your request to admin at http://www.foundryfit.co.uk.
LINKS FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
We will try to resolve any disagreements between you and us as quickly and effectively as possible. However, in the event that disagreements cannot be resolved and matters result in court proceedings, both you and us agree that the Conditions shall be governed and interpreted in accordance with Scots law and that any court proceedings will be taken exclusively in the Scottish courts.
These Conditions govern our relationship with you and represent the entire understanding of the subject matter. We confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
CHANGES TO THE CONDITIONS
We may revise these Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained may also be superseded by provisions or notices published elsewhere on the Website.
If you have any concerns about material which appears on Website, please contact admin at http://www.foundryfit.co.uk.