The
Edinburgh Skatepark Project (ESP), operate this web
site: edinburghskatepark.org.uk. This Web Site provides
news data and information, related features and services
(the "Service"). The terms and conditions
set forth herein (the "Terms of Use") constitute
a legally binding agreement between the ESP and you
regarding the terms on which the ESP offers you access
to its Service.
1. Your Use of the Service and
this Web Site is Governed by These Terms of Use
Please take a few minutes to review the Terms of Use.
By accessing and using this Web Site, you agree to be
bound by each of the Terms of Use and all applicable
laws and regulations governing the Web Site. If you
do not agree with any of the Terms of Use, you are not
authorized to access or use this Web Site for any purpose.
2. These Terms of Use May Change Without Prior
Notice
The ESP reserves the right to modify these Terms of
Use at any time without giving you prior notice. Your
use of the Web Site following any such modification
constitutes your agreement to follow and be bound by
the Terms of Use as modified. For this reason, we encourage
you to review these Terms of Use whenever you use this
Web Site. The last date these Terms of Use were revised
is set forth below.
3. Notices of Restrictions on Your Use
The Service, the Web Site and all data and information
and/or content that you see, hear or otherwise experience
on the Web Site (the "Content") belongs to
the ESP, its partners, affiliates, contributors or third
parties and may be protected by U.S. and international
copyright, trademark, intellectual property and other
laws, and belong to the ESP, its partners, affiliates,
contributors or third parties. Content provided by third
parties is used on the Web Site with the permission
of such third parties.
Restrictions on Use
You may use the Web Site, the Service and the Content
solely for your personal, non-commercial use. You may
download, print and store selected portions of the Content,
provided that you:
1. only use these copies of the Content
for your own personal, non-commercial use;
2. do not copy or post the Content on any network
computer or transmit, distribute, publish or broadcast
the Content in any media, including without limitation,
a Web site; and
3. do not modify or alter the Content in any way,
or delete or change any copyright or trademark notice.
No right, title or interest in any copied
or downloaded Content is transferred to you as a result
of any such copying or downloading. The ESP reserves
complete title and full intellectual property rights
in any Content you copy or download from this Web Site.
You agree not to alter, modify, reformat, copy, download,
reproduce, duplicate, display, distribute, repost, transmit,
publish, license, sell, rent, transfer, or create derivative
works from any Content obtained from the Web Site or
the Service, except as expressly permitted by these
Terms of Use.
4. Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE WEB SITE AND THE SERVICE. THE
ESP MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE
OR THE SERVICE. THE ESP EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE
SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN
(INCLUDING THIRD PARTY INFORMATION). THE ESP SHALL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY USE OF THE WEB SITE, THE SERVICE
OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING
THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE
OR THE SERVICE. THE ESP DOES NOT WARRANT THAT THE FUNCTIONS
PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE
WEB SITE OR THE SERVICE WILL BE CORRECTED. THE ESP DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION
OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE,
OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL
BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION
OR CONTENT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
a. Specific Disclaimer For Downloading of Files
The ESP cannot and does not guarantee or warrant that
files available for downloading through the Web Site
will be free of infection by viruses, worms, Trojan
horses or other code that manifests contaminating or
destructive properties. The entire risk as to the quality
and performance of the Web Site or the Service, the
accuracy of any information or content provided through
the Web Site or the Service, or quality of any file
used in conjunction with the Web Site or the Service
is solely and exclusively with you the user.
b. Specific Disclaimer for International Use
The ESP makes no representation that information content
provided on the Web Site is applicable or appropriate
for use in locations outside the United Kingdom. You
agree to comply with all applicable laws and local rules
regarding the transmission of technical data, acceptable
contents and online conduct.
5. Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT
ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE,
THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER
NO CIRCUMSTANCES WILL THE ESP BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
I. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION
OR CONTENT PROVIDED THEREIN,
II. ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE,
THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED
THEREIN OR DOWNLOADED THROUGH THE WEB SITE,
III. UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA,
IV. STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE WEB SITE OR THE SERVICE, OR
V. ANY OTHER MATTER RELATING TO THE
WEB SITE OR THE SERVICE, EVEN IF THE ESP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Web Site and for your use of
the Content. You agree to indemnify, defend and hold
harmless the ESP, its members, affiliated companies,
and any third-party information providers to the Service
from and against all claims, losses, expenses, damages
and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and
reasonable attorneys' fees, resulting from or arising
out of your use of the Web Site or the Service or your
use of the Content, any violation by you of this Agreement,
or any activity related to your user account (including
negligent or wrongful conduct) by you or any other person
accessing the Web Site or Service through your user
account.
7. Personal Information and
Privacy Policy
The ESP may monitor, record, collect and use for any
lawful purpose information generated through your use
of the Web Site or the Service. The collected information
is subject to our Privacy Statement. Your obligations
under these Terms of Use are in no way conditioned on
the ESP complying with the terms of our Privacy Statement.
8. User Conduct
You agree not to take any action that interferes with
the proper working of the Web Site; imposes an unreasonable
or disproportionately large load on the Web Site's infrastructure;
might compromise the security of the Web Site; render
the Web Site or the Service inaccessible to others;
or otherwise cause damage to the Web Site or any Content
contained on the Web Site. You agree not to add to,
subtract from, or otherwise modify the Content on the
Web Site except as expressly authorized by the ESP in
these Terms of Use or by a written agreement between
you and the ESP.
9. General Provisions
a. Entire Agreement
These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter
hereof, and supersede all previous written or oral
agreements between the parties with respect to such
subject matter. No waiver by the ESP of any breach
or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
b. Correction of Errors and
Inaccuracies
The information in the Web Site may contain typographical
errors or other errors or inaccuracies and may not
be complete or current. We therefore reserve the right
to correct any errors, inaccuracies or omissions and
to change or update information at any time without
prior notice. We do not, however, guarantee that any
errors, inaccuracies or omissions will be corrected.
c. No Endorsements of Links
Hypertext links to third party Web sites or information
do not constitute or imply an endorsement, sponsorship,
or recommendation by the ESP of the third party, the
third-party Web site, or the information contained
therein. You acknowledge and agree that the ESP is
not responsible for the availability of any such Web
sites and that the ESP does not endorse or warrant,
and is not responsible or liable for any such Web
site, or the content on such Web site, or the services
offered by such Web site. Under no circumstances will
the ESP be responsible for any loss or damage resulting
from your use of any such Web site or the services
offered by such Web site or any content posted on
such Web site or transmitted from such Web site. Any
links to other sites are provided for convenience
only. You need to make your own decisions regarding
your interactions or communications with any other
Web site.
d. Enforcement
The ESP will investigate and take appropriate legal
action against anyone who violates any of the provisions
of this agreement, including without limitation, barring
violators from use of the Web Site and pursuing civil,
criminal and/or injunctive redress. You agree that
in a civil action, the ESP may obtain full recovery
of all damages it suffers and may also obtain punitive
and consequential damages. If any part of these Terms
of Use is determined to be invalid or unenforceable,
it will not impact any other provision of these Terms
of Use, all of which will remain in full force and
effect.
e. Severability
If any provision of these Terms of Use is found to
be invalid or unenforceable, that provision will be
enforceable to the maximum extent permissible, and
the other provisions of the Terms of Use will remain
in force.