These are the standard terms of Tartan Footprint which cover the use of the Tartan Footprint website. Please read these terms carefully, they set out the basis on which you are allowed to use this website, the information contained within it and the Tartan Footprint website services. They protect you as a User of the website and prevent the website from being used for any illegal or offensive purposes. By browsing this website or by registering for Membership with Tartan Footprint you agree to be bound by these terms in respect of the matters described in the terms. Tartan Footprint may amend these terms of use any time by giving notice as described in the terms.
1 Definitions:
• "Account" means a password-protected personalised login to the Site providing Content specific to you;
• "Content" means any information on the Site including without limitation text, photographs or other images;
• "Membership" means the status of having an Account registered with the Site;
• "Member" means a User of the Site
• "We" or "Us" means any person, company or organisation involved in any part of the design, development, response-handling, marketing, management, promotion or other similar aspects of the Site;
• "Site" means the Tartan Footprint.com website and other sites directly related to Tartan Footprint and each page of such websites from time to time;
• "User" refers to any person viewing or interacting with this Site, including "you".
2 Terms:
• 2.1 BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DISCONNECT FROM THIS SITE AND DO NOT USE THIS SITE FURTHER. THE ACCOUNT OF USERS CONTRAVENING THESE TERMS MAY BE DELETED WITHOUT NOTICE OR QUESTION.
3 Summary:
• 3.1 Content, opinions, advice, statements, offers, or other information or other Content made available through this Site are those of their respective authors and not of Tartan Footprint and should not necessarily be relied upon. Such authors are solely responsible for such Content. Tartan Footprint does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Tartan Footprint be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on this Site or transmitted to Users.
• 3.2 We may restrict some content based on your age. Misrepresenting your age may violate laws by which you are bound.
• 3.3 Tartan Footprint reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.
4 Site Contents:
• 4.1 The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. No responsibility can be assumed for unsolicited materials and submission is construed as permission to publish without further correspondence.
• 4.2 The Content made available in this Site, including materials in linked Sites directly or indirectly accessible from this Site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Tartan Footprint does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at sole discretion.
• 4.3 The photographs featured on Tartan Footprint are the property and responsibility of the sender and may not be reproduced on any Site other than Tartan Footprint without the permission of the person concerned. By submitting a photograph to Tartan Footprint, you grant Tartan Footprint permission to use the photograph, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Tartan Footprint.
• 4.4 You agree not to post any image or content that may be deemed offensive, such content will be removed if it is deemed to be offensive.
5 Site links:
• 5.1 The materials that can be accessed from linked Sites are not maintained or monitored by Tartan Footprint and Tartan Footprint is not responsible for the Contents thereof. Any reference to a linked Site or any specific third party product or service by name does not constitute or imply its endorsement by Tartan Footprint, and you assume all risk with respect to its use.
6 Conduct of Users:
• 6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all Content that you publish or post to this Site or transmit to other Users of this Site.
• 6.2 You agree that by interacting with this Site or providing Content to Tartan Footprint that you are granting Tartan Footprint permission to use that material on this Site.
• 6.3 You agree that you will not publish, post or transmit on this Site material that could be deemed offensive or abusive in tone, inaccurate, obscene, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or may be deemed in any way anti-social or damaging towards Tartan Footprint, its staff or its Members. This includes, but is not limited to: the posting of messages to other Users, whether in public areas or using the private messaging system; your choice of public name or Tartan Footprint id; and your basic entry and your profile.
• 6.4 You agree not to post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• 6.5 You agree not to make false claims about the authenticity of photographs. Particularly, any photograph of a person that is posted for inclusion with your basic information must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public internet Site.
• 6.6 You agree not to include in public Content on this Site any personal telephone numbers, street addresses, email addresses and, in any Content on this Site, offensive anatomical or sexual references, or offensive language, and you will not post any photograph containing obscene nudity or personal information. You also agree that your profile summary and related photo captions will not include the address of an internet Site. Your personal homepage link must point only to a Site to which you have full file transfer access. Tartan Footprint reserves the right, but has no obligation, to reject any text or photograph that does not comply with these prohibitions.
• 6.7 You agree to use this Site in a manner consistent with all applicable laws and regulations. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this Site, except as expressly permitted by the respective owners thereof. All trademarks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorised use thereof is strictly prohibited.
• 6.8 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Tartan Footprint or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.
• 6.9 Tartan Footprint has the absolute right to modify or delete any or all information relating to and accessible by a User, including deletion or restriction of that User's Account, without prior notice or reason. In cases of dispute, the majority decision of the Directors shall be final.
7. Marketing and Publicity:
• 7.1 Tartan Footprint may from time to time obtain publicity for this Site in the market's press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that Tartan Footprint may authorise screenshots or quotations or other publicly accessible material from this Site to be used in such publicity that may feature your Tartan Footprint Content, including profile and/or photograph.
• 7.2 You agree to release all rights concerning such material as referenced above to Tartan Footprint and agree that your Content may be used for such purposes. Tartan Footprint agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Tartan Footprint will endeavour to do this prior to any deadline for which the screenshot may be required.
8. Disclaimer of Warranty and Limitation of Liability:
• 8.1 Under no circumstances shall Tartan Footprint, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked Site, even if Tartan Footprint is advised of the possibility thereof, nor for any claim by a third party.
• 8.2 Tartan Footprint hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or Content of information, products, or services, or any warranties of merchantability or fitness for a particular purpose.
• 8.3 Tartan Footprint shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records for any cause of action.
9. Indemnity:
• 9.1 You agree to defend, indemnify, and hold harmless Tartan Footprint, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of any User's use of this Site, including any breach by any User of the terms of this agreement.
10. Severability:
• 10.1 In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.
11. Notice:
• 11.1 The terms of use shall be governed in accordance with the laws of Scotland. The terms and conditions of this agreement are subject to change by Tartan Footprint at any time on a prospective basis upon notice to Users. Any User's use of this Site following such notice shall indicate the User's acceptance of the new terms and conditions. Tartan Footprint may provide notice to Users by email or by a general posting (indicated by the word "Notice") on the 'home' page of this Site.
12. Personal data protection:
• 12.1 Any text-based Content submitted to this Site and copyright in it will become the property of Tartan Footprint. You should not continue if you do not want your details to be stored on Tartan Footprint. Personal data provided by you will be retained by Tartan Footprint. Tartan Footprint undertakes not to provide this information to third parties for marketing purposes.
• 12.2 You must not reproduce in any form whatsoever, whether electronic or otherwise, any text-based Content posted to this Site. This includes, but is not limited to, the transcripts of private messages, the Content of public discussion groups, results and comments from opinion polls, and Member profiles.
13. Copyrights and trademarks:
• 13.1 Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission. Except as expressly provided herein, Tartan Footprint does not grant any express or implied right to you under any patents, copyrights or trademarks.
1 Definitions:
• "Account" means a password-protected personalised login to the Site providing Content specific to you;
• "Content" means any information on the Site including without limitation text, photographs or other images;
• "Membership" means the status of having an Account registered with the Site;
• "Member" means a User of the Site
• "We" or "Us" means any person, company or organisation involved in any part of the design, development, response-handling, marketing, management, promotion or other similar aspects of the Site;
• "Site" means the Tartan Footprint.com website and other sites directly related to Tartan Footprint and each page of such websites from time to time;
• "User" refers to any person viewing or interacting with this Site, including "you".
2 Terms:
• 2.1 BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DISCONNECT FROM THIS SITE AND DO NOT USE THIS SITE FURTHER. THE ACCOUNT OF USERS CONTRAVENING THESE TERMS MAY BE DELETED WITHOUT NOTICE OR QUESTION.
3 Summary:
• 3.1 Content, opinions, advice, statements, offers, or other information or other Content made available through this Site are those of their respective authors and not of Tartan Footprint and should not necessarily be relied upon. Such authors are solely responsible for such Content. Tartan Footprint does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Tartan Footprint be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on this Site or transmitted to Users.
• 3.2 We may restrict some content based on your age. Misrepresenting your age may violate laws by which you are bound.
• 3.3 Tartan Footprint reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.
4 Site Contents:
• 4.1 The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. No responsibility can be assumed for unsolicited materials and submission is construed as permission to publish without further correspondence.
• 4.2 The Content made available in this Site, including materials in linked Sites directly or indirectly accessible from this Site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Tartan Footprint does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at sole discretion.
• 4.3 The photographs featured on Tartan Footprint are the property and responsibility of the sender and may not be reproduced on any Site other than Tartan Footprint without the permission of the person concerned. By submitting a photograph to Tartan Footprint, you grant Tartan Footprint permission to use the photograph, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Tartan Footprint.
• 4.4 You agree not to post any image or content that may be deemed offensive, such content will be removed if it is deemed to be offensive.
5 Site links:
• 5.1 The materials that can be accessed from linked Sites are not maintained or monitored by Tartan Footprint and Tartan Footprint is not responsible for the Contents thereof. Any reference to a linked Site or any specific third party product or service by name does not constitute or imply its endorsement by Tartan Footprint, and you assume all risk with respect to its use.
6 Conduct of Users:
• 6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all Content that you publish or post to this Site or transmit to other Users of this Site.
• 6.2 You agree that by interacting with this Site or providing Content to Tartan Footprint that you are granting Tartan Footprint permission to use that material on this Site.
• 6.3 You agree that you will not publish, post or transmit on this Site material that could be deemed offensive or abusive in tone, inaccurate, obscene, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or may be deemed in any way anti-social or damaging towards Tartan Footprint, its staff or its Members. This includes, but is not limited to: the posting of messages to other Users, whether in public areas or using the private messaging system; your choice of public name or Tartan Footprint id; and your basic entry and your profile.
• 6.4 You agree not to post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• 6.5 You agree not to make false claims about the authenticity of photographs. Particularly, any photograph of a person that is posted for inclusion with your basic information must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public internet Site.
• 6.6 You agree not to include in public Content on this Site any personal telephone numbers, street addresses, email addresses and, in any Content on this Site, offensive anatomical or sexual references, or offensive language, and you will not post any photograph containing obscene nudity or personal information. You also agree that your profile summary and related photo captions will not include the address of an internet Site. Your personal homepage link must point only to a Site to which you have full file transfer access. Tartan Footprint reserves the right, but has no obligation, to reject any text or photograph that does not comply with these prohibitions.
• 6.7 You agree to use this Site in a manner consistent with all applicable laws and regulations. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this Site, except as expressly permitted by the respective owners thereof. All trademarks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorised use thereof is strictly prohibited.
• 6.8 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Tartan Footprint or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.
• 6.9 Tartan Footprint has the absolute right to modify or delete any or all information relating to and accessible by a User, including deletion or restriction of that User's Account, without prior notice or reason. In cases of dispute, the majority decision of the Directors shall be final.
7. Marketing and Publicity:
• 7.1 Tartan Footprint may from time to time obtain publicity for this Site in the market's press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that Tartan Footprint may authorise screenshots or quotations or other publicly accessible material from this Site to be used in such publicity that may feature your Tartan Footprint Content, including profile and/or photograph.
• 7.2 You agree to release all rights concerning such material as referenced above to Tartan Footprint and agree that your Content may be used for such purposes. Tartan Footprint agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Tartan Footprint will endeavour to do this prior to any deadline for which the screenshot may be required.
8. Disclaimer of Warranty and Limitation of Liability:
• 8.1 Under no circumstances shall Tartan Footprint, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked Site, even if Tartan Footprint is advised of the possibility thereof, nor for any claim by a third party.
• 8.2 Tartan Footprint hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or Content of information, products, or services, or any warranties of merchantability or fitness for a particular purpose.
• 8.3 Tartan Footprint shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records for any cause of action.
9. Indemnity:
• 9.1 You agree to defend, indemnify, and hold harmless Tartan Footprint, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of any User's use of this Site, including any breach by any User of the terms of this agreement.
10. Severability:
• 10.1 In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.
11. Notice:
• 11.1 The terms of use shall be governed in accordance with the laws of Scotland. The terms and conditions of this agreement are subject to change by Tartan Footprint at any time on a prospective basis upon notice to Users. Any User's use of this Site following such notice shall indicate the User's acceptance of the new terms and conditions. Tartan Footprint may provide notice to Users by email or by a general posting (indicated by the word "Notice") on the 'home' page of this Site.
12. Personal data protection:
• 12.1 Any text-based Content submitted to this Site and copyright in it will become the property of Tartan Footprint. You should not continue if you do not want your details to be stored on Tartan Footprint. Personal data provided by you will be retained by Tartan Footprint. Tartan Footprint undertakes not to provide this information to third parties for marketing purposes.
• 12.2 You must not reproduce in any form whatsoever, whether electronic or otherwise, any text-based Content posted to this Site. This includes, but is not limited to, the transcripts of private messages, the Content of public discussion groups, results and comments from opinion polls, and Member profiles.
13. Copyrights and trademarks:
• 13.1 Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission. Except as expressly provided herein, Tartan Footprint does not grant any express or implied right to you under any patents, copyrights or trademarks.