
In making use of the Isle of Man Guide you agree to the following terms and
conditions
Definitions
In these Terms and Conditions the following terms shall have the meanings
set out below:
'Service' means any and all services of the Isle of Man Guide including,
but not limited to the website at www.iomguide.com.
Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct
and ensure that any content uploaded or distributed or stored by you does
not infringe the rights of others. All material on the service and any
material sent to you by e-mail or any other form from the service (the
"content") or in any way relating to the service belongs to us.
You agree not to do any of the following without prior written permission
from us: redistribute any of the content (including using it as part of any
library, archive or similar service); create a database in electronic or
structured manual form by systematically downloading and storing all and
any of the content.
In accessing the website you agree not to:
- impersonate another person or use a false name or a name you are
unauthorised to use or create a false identity or try to mislead others as
to the identity or origin of any communication
- make available or
upload files that contain software or other material, data or information
not owned or licensed to you or collect information about others (eg
names/addresses) without their prior consent
- damage, interfere with or
disrupt access to the service or do anything which may interrupt or impair
its functionality
- publish, post, distribute, disseminate or otherwise
transmit defamatory, offensive, infringing, obscene, indecent or other
unlawful or objectionable material or information
- threaten, harass,
stalk, abuse, disrupt or otherwise violate the rights (including rights of
privacy and publicity) of others
- make available, upload or distribute
by any means any material or files that contain any viruses, bugs, corrupt
data, "trojan horses", "worms" or any other harmful software
- obtain or
attempt to obtain unauthorised access, through whatever means, to the
service or computer systems or areas of our or any of our partners'
networks
Registration
Where the service requires that
you register in order to use it you are obliged to provide accurate and
complete registration information. It is your responsibility to update and
maintain any changes to that information (including your e-mail address)
by altering your details as appropriate.
Registration is for a single
person/business only. On registration you must choose a user name and
password. We do not permit the sharing of your user name and password
with any other person/business. Individuals/businesses are also only
permitted to create and or use one account.
When you register to use
the service you will be obliged to click on an icon indicating that you
have read, understood and accepted these Terms and Conditions. You will
not be allowed to register unless you indicate your acceptance of these
Terms and Conditions and any other terms and conditions that may apply.
Uploaded Information
We reserve the right to take such
action as we in our sole discretion deem fit in respect of any submission
which contains threatening, abusive, malicious, pornographic, obscene,
defamatory or otherwise illegal or inappropriate material.
Liabilities
You agree that we are unable to guarantee the accuracy
of the content and information which can be accessed through our service and
that we do not examine or edit the use to which you or others put the
service or the nature of the content or information being accessed and
that we are excluded from all liability of any kind arising from such
content or information. You agree that, to the fullest extent permitted by
law, we exclude any liability whatsoever for any loss or damage arising
from use of the service. You furthermore agree to indemnify us in the
manner set out below in relation to your use of the service.
We reserve
the right to remove any information/material we deem to be in breach of
any of these Terms and Conditions without notice, and without prejudice to
any other accrued rights, and/or to make available such
information/material when required to do so by law or when requested to do
so by regulatory bodies or law enforcement organisations.
We take all
such steps as are reasonably necessary to provide a reliable service, but
exclude to the fullest extent permitted by law any liability for the
security of the services or for any disruption of the service however
caused, loss of or corruption of any material in transit, or loss of or
corruption of material when downloaded onto any computer systems.
Unless otherwise stated, we make no warranty whatsoever as to any goods or
services purchased or obtained or offered to you through use of the
service, whether accessed directly or otherwise. We provide the service on
an "as is" basis and make no representations or warranties of any kind as
to the service or the content. We make no representations or warranties
about the accuracy, completeness or suitability for any purpose of the
content published on the service. Any liability, however it occurs, for
any such inaccuracies or errors is expressly excluded to the fullest
extent permitted by law.
Indemnity
You agree to indemnify
and hold us and any of our officers, employees and agents harmless from
and against all and any expenses, losses, liabilities, damages, costs or
expenses incurred or suffered and any claims or legal proceedings which
are brought or threatened, in each case arising from your use of, or
conduct on, the service and/or a breach of the Acceptable Use Policy
and/or any of these Terms and Conditions.
Software and Security
We are not responsible for any technical or other issues
that may arise if you download software from an external third party
website (eg Acrobat Reader) or upgrade your browser software to enhance
your usage of the service.
Changes to these Terms and Conditions
We reserve the right to make changes to any part of the
service. Due to our policy of updating and improving the service, it may
therefore be necessary to change these Terms and Conditions.
If you use
the service after we have published such changes, you will be agreeing to
be bound by those changes. If you do not agree to be bound by them, you
should not use the service.
Advertising and Sponsorship
This service contains advertisements. Advertisers are responsible for
ensuring that material submitted for inclusion on the service complies
with applicable laws, codes and regulations. We exclude to the fullest
extent permitted by law any responsibility for any error or inaccuracy
appearing in any advertising or sponsorship material.
Termination
We may terminate the provision of any of the
service or restrict your access to it without any prior notice to you
where (by way of example and without limitation): there is a regulatory or
statutory change limiting our ability to provide a service; any event
beyond our reasonable control prevents us from continuing to provide a
service (for example, without limitation, technical difficulties, capacity
problems and communications failures); or we consider in our sole
discretion that you are abusing the services provided by the service or
are otherwise acting in breach of these Terms and Conditions. In the case
that service is terminated due to a breach of these terms and conditions
no refund will be given. If service is terminated by the Isle of Man
Guide for any other reason then the unused portion of the service will be
refunded.
Refunds
Refunds will be given at the discretion
of the company management.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in
accordance with Isle of Man law and you irrevocably agree that the courts
of the Isle of Man shall (subject to the paragraph below) have exclusive
jurisdiction to settle any dispute which may arise out of, under, or in
connection with, these Terms and Conditions.
We shall retain the right
to bring proceedings as to the substance of the matter in any court or
courts including, if appropriate, in the courts of your country of
residence or, where these Terms and Conditions are entered into in the
course of your trade or profession, the country of your principal place of
business.
General
You may not assign, sub-license or
otherwise transfer any of your rights under these Terms and Conditions. If
any part of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction the validity of the remaining terms will be
unaffected. If either party does not exercise any right or remedy under
these Terms and Conditions, this will not be taken to mean that they have
been waived.
|