ACCEPTANCE OF TERMS
This web site located at propertystudios.co.uk (this "Site") is provided
by Property Studios Limited ("Property Studios Limited"), conditional on
your acceptance of the terms and conditions of use set forth below (the
"Terms and Conditions"). By browsing, accessing, linking, using and/or
downloading information ("Access" or similar term) from this Site, you
agree to accept and abide by these Terms and Conditions for each use and
each visit of this Site. If you do not agree to these Terms and
Conditions, you should not Access this Site.
Property Studios Limited provides this Site and all related URLs (the
"Services") to you, subject to these Terms and Conditions. These Terms
and Conditions are entered into between Property Studios Limited and
you. If you are using the Services on behalf of another person, you
represent that you are authorized to accept these Terms and Conditions
on that person's behalf. Unless explicitly stated otherwise, these Terms
and Conditions will govern your use of any new features that augment or
enhance the current Services, including the release of new products or
services.
Contents
- Definitions
- Changes to Terms and Conditions
- Permitted and Prohibited Uses
- Copyright and Trademarks
- Links and Third Party Websites
- Submission of Information
- Agreement to Privacy Policy
- Disclaimers
- Limit of Liability
- Indemnity
- Arbitration
- Choice of law
- General
- Definitions
In addition to the terms defined throughout these Terms and Conditions,
the terms "you", "your" and "yours" refer to the surfer, customer or
purchaser utilizing this Site to obtain Services. The terms "we", "us"
and "our" refer to Property Studios Limited.
Changes to Terms and Conditions
Property Studios Limited reserves the right, at any time, to modify, add
to, delete from, alter, or update these Terms and Conditions
("Changes"), and you agree to be bound by such Changes. Changes shall be
effective immediately upon notice thereof, which may be given by any
means including, but not limited to posting on this Site or by
electronic or conventional mail. You agree to regularly review the Terms
and Conditions posted at this Site and to be aware of Changes. Your use
of this Site following any Changes constitutes your agreement to follow
and be bound by these Terms and Conditions as changed.
Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general
public who are over the age of 16 years. Subject to these Terms and
Conditions, Property Studios Limited grants you a non-exclusive,
non-transferable, limited right to access, use and view this Site and
the information thereon, including without limitation, all text, design,
graphics, drawings, photographs, video clips, music and sounds, and all
trade marks, service marks and trade names used at this Site and the
selection and arrangements thereof (collectively, the "Content"), solely
for your own personal use, provided, however, that you may not, nor may
you allow others to, directly or indirectly:
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sell, license, rent, reproduce, modify or attempt to modify or
create derivative works from the Content in any way or reproduce or
publicly display, perform, transmit or distribute or otherwise use
the Content for any public or commercial purpose, including without
limitation use of the Content on any other website or in any
environment of networked computers;
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transfer the Content to any other person without the prior written
explicit consent of Property Studios Limited;
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use this Site in any manner that could damage, disable, overburden
or impair this Site;
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upload, post or otherwise transmit or distribute on this Site any
items, including without limitation computer viruses, Trojan horses,
worms, backdoor, shutdown mechanism or other harmful, disruptive or
destructive files or computer programs;
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interfere with the security of, or otherwise abuse, this Site or any
Services, system resources, accounts, servers or networks connected
to or accessible through this Site or associated or linked sites;
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infringe on any patent, trade-mark, trade secret, copyright, right
of publicity, or other proprietary right of any person, or
impersonate any person or entity;
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disrupt or interfere with any other person's use or enjoyment of
this Site or associated or linked sites;
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use any robot, spider or other automatic program or device, or
manual process to monitor, copy, summarize, or otherwise extract
information from this Site or the Content in whole or in part;
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use or attempt to use another's account, password, service, system
or other information without prior written authorization from
Property Studios Limited, or create or use a false identity on this
Site;
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transmit on, to or from this Site spam, chain letters, junk mail or
any other type of unsolicited mass e-mail;
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upload to, distribute to, or otherwise disseminate through this Site
any material or information of any kind that is threatening,
harassing, libelous, defamatory, obscene, pornographic, fraudulent,
deceptive, abusive, or otherwise violates any law or infringes or
violates any rights of any other person or entity, or contains a
solicitation of funds, advertising, or a solicitation for goods or
services; or
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attempt to obtain unauthorized access to this Site or portions of
this Site which are restricted from general access.
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You also agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your usage
of this Site, and that you will comply with all laws that apply or
may apply to your use of or activities on this Site or in respect of
the Content.
Copyright and Trademarks
Unless otherwise noted, all Content is subject to intellectual property
rights including copyrights and trade marks held or licensed by Property
Studios Limited. You may print or download one copy of the Content on
this Site on a single computer for your personal, non commercial use,
provided you keep intact all copyright and other proprietary notices.
Any other reproduction or use without express prior written permission
from Property Studios Limited, or Property Studios Limited's content
providers as the case may be, is strictly prohibited. Except as
expressly provided herein, no license to use or reproduce the Content is
given to you and all intellectual property rights therein are expressly
reserved. Systematic retrieval of data or other Content from this Site
to create or compile, directly or indirectly, a collection, compilation,
database or directory without express prior written permission from
Property Studios Limited is prohibited.
Links and Third Party Websites
Property Studios Limited provides to you, on this Site, links to Third
Party Websites operated by other entities. These Third Party Websites
will typically be identifiable through a change to the URL in your Web
browser, though the Site does occasionally contain content from Third
Party Websites within the WEBSITE URL. You agree that this Site provides
no dialogue box or other clear demarcation indicator when you leave this
Site and enter a Third Party Website. Links to Third Party Websites does
not constitute an endorsement, sponsorship or recommendation by Property
Studios Limited of the Third Party Websites, the entities themselves or
of any content, services or products available on or through such Third
Party Websites. If you use these Third Party Websites, you do so at your
own risk and it is your responsibility to take all protective measures
to guard against viruses and other destructive elements. Links do not
imply that Property Studios Limited or this Site is affiliated or
associated with, or is legally authorized to use any trade-mark, trade
name, logo or copyright symbol displayed in or accessible through the
links, or that any Third Party Website is authorized to use any
trademark, trade name, logo or copyright symbol of Property Studios
Limited. Third Party Websites may create other contractual obligations
between you and the third party entity in addition to these Terms and
Conditions.
This Site will from time to time contain materials, data or information
provided, posted or offered by third parties, including but not limited
to advertisements. You agree that Property Studios Limited shall not
have any liability whatsoever to you for any such third party material,
data or information.
Submission of Information
Although Property Studios Limited may provide certain security in an
effort to protect the electronic transmission of certain information
that you submit to Property Studios Limited through this Site, Property
Studios Limited does not guarantee the security of any information
transmitted to or from this Site, including to or from any Third Party
Websites linked to this Site. Submission of any financial (eg. credit
card) or other information to this Site or to any Third Party Websites
linked to this Site is entirely at your own risk and responsibility. Do
not send any confidential or proprietary information to Property Studios
Limited through this Site. Except for personal information about you,
any information you do send to Property Studios Limited through this
Site will be deemed NOT to be confidential ("Non-Confidential
Information"). For any Non-Confidential Information you do send, you
hereby grant to Property Studios Limited a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, distribute and sublicense
any and all material or information submitted by you to this Site and/or
to incorporate it in other works regardless of form, medium or
technology.
Agreement to Privacy Policy
Property Studios Limited respects your desire for privacy. Property
Studios Limited's Privacy Policy can be found here. By accessing this
Site, you are consenting to the collection, use and disclosure of your
personal information and to the terms of our Privacy Policy. If we
decide to change our Privacy Policy, we will post the revised Privacy
Policy prominently on this Site or otherwise bring it to your attention,
so that you are always aware of what we do with your information.
Disclaimers
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.
Property Studios Limited, THEIR AFFILIATES AND RELATED ENTITIES, NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY
AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
Limit of Liability
IN NO EVENT SHALL Property Studios Limited, Property Studios Limited
LIMITED, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE
LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO
THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF
EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED
WHETHER OR NOT Property Studios Limited HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO
YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED
ONE-HUNDRED POUNDS STERLING (£100). THE LIMITATIONS OF LIABILITY AND
DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR
OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE
FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN
EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Property Studios
Limited'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold harmless Property Studios
Limited, and their respective directors, officers, partners, employees,
representatives, contractors, affiliates, successors or assigns,
including all third parties mentioned at this Site, from and against any
and all claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your
use of this Site and the Content or your breach of these Terms and
Conditions or in connection with your use of the Services.
Governing Law
All matters relative to this Agreement shall be governed and construed
in all respects by the law Scotland and the parties hereby submit to the
non-exclusive jurisdiction of the Scottish Courts.
General
The Privacy Policy is a binding part of these Terms and Conditions, and
together with these Terms and Conditions constitutes the entire
agreement between Property Studios Limited and you with respect to your
use of this Site. Property Studios Limited's failure to insist upon or
enforce strict performance of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or right.
If for any reason a court of competent jurisdiction finds any provision
of these Terms and Conditions or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as
to effect the intent of these Terms and Conditions, and the remainder of
these Terms and Conditions shall continue in full force and effect. Any
cause of action you may have with respect to your use of this Site or
which is the subject of these Terms and Conditions must be commenced
within one (1) year after the claim or cause of action arises. You
acknowledge that Property Studios Limited is a third party beneficiary
for all purposes under these Terms and Conditions.