TERMS OF ACCESS TO THE WEBSITE & ADVERTISING WITHIN THE NEWSPAPER AND WEBSITES CONDITIONS OF ADVERTISING
The websites listed in Appendix A, and the subdomains of it ("the Website") along with the publications in Appendix B ("the Publication") are published and operated by WYVEX MEDIA LIMITED, Lochavullin Estate, Oban, Argyll PA34 4HB registered in Scotland Company No. SC082218 ("the Publisher").
BY ENTERING THE WEBSITE YOU HAVE INDICATED THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN PLEASE LEAVE THE WEBSITE IMMEDIATELY.
No metatags hyperlinks or other forms of linkage whatsoever to any other site may be imposed on the website without the prior express written consent of the Publisher. Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and the Publisher has no control over them and accepts no liability in respect of your use or inability to use them or any of the content of such web sites.
If you knowingly send or infect the Website with a virus, Trojan horse, worm, etc then the Publisher retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred by it as a result of your actions.
The Publisher accepts no liability in respect of the content of any third party material appearing on the Website or in respect of the content of any other website to which the Website may be linked from time to time. The Publisher makes no warranty in respect of the contents of this Website and accepts no liability for any loss or damage whatsoever and however arising whether directly or indirectly as a result of access to and use of this Website including without limitation acting or failing to act in reliance on any information contained herein.You must not rely on any statement published on the Website without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, the Publisher will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
The Publisher gives no warranties of any kind concerning the website or the material. In particular, the Publisher does not warrant that the website or any of its contents is virus free. You must take your own precautions in this respect as the Publisher accepts no responsibility for any infection by virus impairing computer program or other contamination or by anything which has destructive properties. The Publisher accepts no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, the website, nor does it endorse any of those organisations or any of their products or services.
The information in these pages may be updated from time to time and may at times be out of date. The Publisher accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
You understand that you are personally responsible for your behaviour while on the Website, and agree to indemnify and hold the Publisher and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees and costs) that they may incur in connection with a third party claim or otherwise, in relation to your use of the Website, access to the Website, your violation of either these Terms or the rights of any third party, and any other matter in connection with your participation in the services on the Website.
The Publisher does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Publisher or the server(s) that makes it available are free of viruses or bugs.
These Terms & Conditions shall be governed by and interpreted in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the Courts of Scotland. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
The copyright in the Website and its contents belongs to the Publisher, or has been included with the consent of other copyright owners. Reproduction in any form, printing or downloading of part or all of the contents is forbidden save in accordance with the licence granted below.
You may print copies of any item in hard copy provided that you do not edit alter amend or delete any part of it or combine it with other material. You may recopy the material to individual third parties for their personal information only if you acknowledge the Website as the source of the information by including such acknowledgement and the address of the Publisher and the Website in the copy of the material AND you inform the third party that the material may not be copied or reproduced in any way. You may not supply the material to any third party for commercial gain.
No part of the Website or the contents thereof may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
1. By submitting any material to the Publisher, you waive all your moral rights in such materials and agree not to post any material:
By submitting any material to the Publisher, including but not limited to digital video and images, mobile text messages, blogging, message boards, emails and audio submissions, you automatically grant the Publisher the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.
The Publisher will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of this clause.
You will indemnify the Publisher and keep the Publisher indemnified from and against all costs, claims, damages and expenses made against or incurred by it as a result of a third party alleging that the use of such content by the Publisher infringes the intellectual property rights of a third party.
The Publisher is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Members on the Website or the Services may contain links to other websites although the Publisher is not responsible for any User generated links or linked-to content. The Publisher is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Publisher. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by the Publisher. The Publisher takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Publisher is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. The Publisher assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content. The Publisher is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall the Publisher be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline.
CONDITIONS OF ACCEPTANCE FOR ADVERTISEMENTS
YOUR attention is drawn to the following terms and conditions which relate
to the placing of advertisements in all publications owned by Wyvex Media
Parties to this agreement are the Publisher, Wyvex Media Limited Limited on the one part and the Advertiser on the other part. The Publisher publishes newspapers, magazines, books and provides advertising space therein or provides for the delivery of advertising materials to the public within these publications.
1. Advertising copy shall be legal, decent, honest and truthful and comply
with the British Code of Advertising Practice and all other codes.
2. The Publisher does not guarantee the insertion of any particular advertisement.
3. The Publisher reserves the right to cancel or alter the advertisement by giving reasonable notice.
4. An order for an advertisement shall be deemed to be made on acceptance of the advertisers' order by the Publisher whether placed by telephone, mail, fax or in person.
5. Cancellation of display advertising must be received by the Publisher before the publishing deadline, failing which, the publisher reserves the right to invoice the customer in full for the whole cost of the advertisement.
6. The parties submit to the jurisdiction of the Scottish Courts and Scots Law. In the event of any dispute or action by the Publisher to recover payment from an advertiser, it is agreed that matters will be settled in the Oban, Argyll Sheriff Court or such other Court as the Publisher may choose.
7. The Publisher shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which any advertisement is scheduled to appear. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement, the Publisher will either re-insert the advertisement or relevant part of the advertisement, as the case may be, or make reasonable refund or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
8. Errors must be notified to the Publisher in writing within fourteen days of publication. In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed the amount of a full refund of any price paid to the Publisher for the particular advertisement in connection with which liability arose or the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
9. The Advertiser/Advertising Agency agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the publication as the result of legal actions or threatened legal actions arising from the publication of the advertisement in any one or more of a series of advertisements published in accordance with copy instructions supplied to the publication in pursuance of the Advertiser/Advertising Agency order.
10. Adverts under the value of £75 must be paid on acceptance of order by the Publisher. All advertising on a credit basis must be agreed with the Publisher in advance.
11. Payment of any invoice raised by the Publisher will be due 15 days from the date of invoice or as otherwise directed on the invoice. In the event of non-payment the Publisher may charge late payment interest at a rate of 2% and this is chargeable on a daily basis from the due date until the bill is paid. In addition the Publisher may charge a late payment levy of £10 as an administration fee. In the event of late payment the Publisher reserves the right to disallow any discounts given and to raise an additional invoice for the discount which will be treated as though it has been raised with the original invoice.
12. A request to insert an advertisement assumes acceptance of our conditions.
Published by Wyvex Media Limited,
P.O. Box 1, Oban, PA34 4HB, ?(01631) 568000
Fax (01631) 568001 - www.obantimes.co.uk
and registered as a newspaper at the Post Office
If you have any queries please contact us at email@example.com
Wyvex Media Limited PO Box 1, Oban Argyll, PA34 4HB Registered In Scotland : SC82218 Vat Reg no. 383 6082 38
Last update: 22/01/2007 Wyvex Media © 2009