Tuesday, March 19, 2024
Terms and Conditions Header

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.


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