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Scottish Cottages
is not a broker - we are a Search Engine. Our sole purpose is to help Scottish Crofters with fantastic country cottages to advertise their products in one location.

Terms of Use

 

**FOR Terms and Conditions applicable for advertisers advertising with scottishcottages.croftsearch.org.uk please see further down**

Before using the Croftsearch.org.uk website or any of its affiliated websites (“croftsearch.org.uk,”croftsearch.org.uk.,”the “web site,” or “site”), please read the following Terms of Use. By using this Site, you agree to be bound by these Terms of Use. Croftsearch.org.uk reserves the right to review and revise the Terms of Use from time to time without prior notice. By using the site subsequent to any revision of the Terms of Use, you agree to be bound by such changes.

If you find the Terms of Use to be unacceptable, you must immediately terminate your use of the Site. Croftsearch.org.uk is made available for your personal, non-commercial use only. You may not take the results from any type of search conducted on Croftsearch.org.uk and reformat and display them, or mirror the Croftsearch.org.uk home page or results pages on your own web site. If you want to make commercial use of Croftsearch.org.uk, you must enter into an agreement with us to do so in advance. Please contact us for more information.

No Representations or Warranties

The services provided on Croftsearch.org.uk and the content, information, documents, graphics and images published at Croftsearch.org.uk could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update the contents of Croftsearch.org.uk . Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON CROFTSEARCH.ORG.UK ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of Croftsearch.org.uk should not rely upon opinions expressed at Croftsearch.org.uk when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third-parties expressed on Croftsearch.org.uk or on linked web sites.

Privacy Policy

The information that Croftsearch.org.uk obtains through your use of our sites, is subject to our Privacy Policy. That privacy policy contains Terms of Use that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates an agreement to our Privacy Policy.

User Warnings/User Conduct

We make certain services available including without limitation, email, chat rooms, message boards and other community services; provided that you agree to abide by the Terms of Use contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

Violate any applicable law, regulation or rule or interfere with the administration of the site;

Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;

Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;

Provide false information on your registration form or impersonate another person at any point;

Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.

Post any material that infringes upon any third-party's copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect others and ourselves.

Website Links and Third-Party Sites

Croftsearch.org.uk sites may contain search results, and other links, to other websites that are independent of Croftsearch.org.uk. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You hereby acknowledge that we do not have any control of such third- party sites, or the content or viruses that may be contained on such sites, and you assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Confidentiality

We cannot guarantee your confidential use of this site. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorised use of your password to us.

Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU HEREBY ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

Ownership

All contents of this website are Copyright © 2002-2006 Croftsearch.org.uk. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in Croftsearch.org.uk and all names, terms, logos, slogans, images and other indicia identifying Croftsearch.org.uk’s products or services, are proprietary marks belonging exclusively to Croftsearch.org.uk. The names of companies and products not owned by Croftsearch.org.uk and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Croftsearch.org.uk without the express written permission of Croftsearch.org.uk. is strictly prohibited.

Licence

Nothing contained in Croftsearch.org.uk shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third-party's intellectual property rights, and no part of Croftsearch.org.uk may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Claims of Copyright Infringement

Croftsearch.org.uk respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on Croftsearch.org.uk infringes on any copyright which you own or control, or that any link on Croftsearch.org.uk directs you to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please see the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD-PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE UNITED KINGDOM AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

International Use

We do not represent that all content, materials and services on our website are appropriate or available for use in all geographic locations, especially some locations outside the United Kingdom and United States and accessing such content from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

Integration; Severability; General

These Terms of Use incorporate by reference any notices contained on Croftsearch.org.uk and constitute the entire agreement with respect to your access to and use of Croftsearch.org.uk. We may modify these Terms of Use at any time by posting revised Terms of Use, without posting any notice that such Terms of Use have been modified, on our website and your continuing use of such website and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

 

Terms and Conditions applicable for advertisers advertising with www.croftsearch.org.uk

 

We are: www.croftsearch.org.uk

You are: an advertiser at our Web Site(s)

The terms and conditions

1 Definitions

“Advertisement”    means the advertisement placed by the Advertiser on Web Site.

“Arrival”    means the arrival of a Visitor at the Web Site.

"Content"    means the text, information, photographs, graphics, and other material on the Web Site.

“Intellectual Property”    means all intellectual property including trademarks, logos, copyrights of us or used on or associated with the Web Site.

“Reports”    means the reports automatically prepared on the Web Site for the purpose of providing us statistics relating to Arrivals and other uses of Web Site.

“Services”    means the provision of advertisement space and directory services and any other services provided by us at any time through the Web Site.

“Software”    means all or part of the software which is or which supports the Web Site.

“Visitor”    means a person who visits the Web Site.

“Web Site"    means www.croftsearch.org.uk, operated by us and on which you place one or more of Advertisements.

“We”, “Us”    means us. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.

"you”, “yours”    means you, an advertiser at our website, who may place a “Advert”, etc    an advertising link on the Web Site.

These are the agreed terms:

2 Purpose of agreement

2.1 You are allowed to place advertisements on the Web Site for free subject to the terms of this agreement.

2.2 By posting your free Advertisement using our Services you agree that we can send you e-mail messages concerning the status of your Advertisements, promotional offers or other such messages as deemed appropriate in our sole discretion. You agree that you may time to time receive offers from us or approved third parties either by email, post, text message or telephone.

2.3 Your e-mail address will not be made available to unapproved independent third parties. If you wish to be removed from the distribution list, you must login to your account at www.croftsearch.org.uk and follow the ‘Close Account’ link. If you create a new account in the future, your name will automatically be added back to the list.

3 Content of Advertisement

3.1 The advertisement may include the following:
3.1.1 E-mail Address of the Advertiser
3.1.2 Address of the web site of the Advertiser
3.1.3 Phone number(s) of the Advertiser
3.1.4 A description of the goods or services offered

3.2 The Advertisement shall be of reasonable length. Too lengthy Advertisement(s) shall be rejected.

4 Prohibited Advertisement(s)

Following Advertisement shall not be allowed:

4.1 Advertisements that contain executable/dynamic html code, java script or any other executable codes.

4.2 Advertisements that contain adult, abusive, defamatory, obscene or racial content.

4.3 Advertisements that are in violation of copyright or trademark laws.

4.4 Advertisements selling or promoting:
4.4.1 Weapons, ammunitions or other articles of mass destruction,
4.4.2 Drugs, alcohol, tobacco or other addictive products,
4.4.3 Online gaming or lottery,
4.4.4 Other unlawful, unethical, immoral or illegal goods or services.
4.4.5 Home typing "jobs" or similar work at home typist ads
4.4.6 Dogs or other animals for Stud services

4.5 Advertisements must contain titles that are descriptive of the goods of service being offered.
4.5.1 Advertisements that contain non-descriptive titles will be rejected.
4.5.2 Advertisements that contain non-alphanumeric characters in the title will be rejected

5 Posting of Advertisement(s)

Following terms apply for posting and processing of all Advertisements on Web Site:

5.1 All adverts are reviewed by a human operator before they go live on our website to ensure they meet our rules.

5.2 If you edit an advert then it will be queued for review before the changes go live.

5.3 Adverts are usually reviewed within 24 hours but it maybe longer or shorter.

5.4 Advertisements shall be posted in the order they are received.

5.5 You are responsible for deleting your advert if the goods or services you have for offer are no longer available. You can delete or edit your advert(s) at anytime by logging in to your account at www.croftsearch.org.uk

5.6 Each Advertisement shall be placed in one category/sub-category only. Identical or similar adverts placed in multiple categories will not be accepted.

6 Our Rights in relation with Advertisement(s)

6.1 You are solely responsible for the content of any Advertisement you submit using the Service.

6.2 Any Advertisement that you post using our Service may be edited, removed, modified, published, transmitted, and displayed by us and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

6.3 Despite any thing contained in this Agreement, we reserve the right to reject any Advertisement in our sole discretion. We also reserve the right to remove any Advertisement if we believe the same to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable or inappropriate in our sole discretion.

7 Termination

We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you.

8 Content and Intellectual Property Rights

Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect such rights in all countries.

9 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or entity.

10 Interruption to the Service

10.1 If it is necessary for us to interrupt the Services, we may do so without telling you in advance.

10.2 The Services may also be interrupted for reasons beyond our control.

10.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.

11 Representations and Warranties

11.1 You represent and warrant that no Advertisement submitted by you shall:

11.1.1 violate, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or

11.1.2 contain libelous or otherwise unlawful material.

11.2 You expressly agree that use of the Service is at your own risk. We do not make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained form use of the Service. The Service is provided on an "as is" basis and we specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

11.3 We shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to:

11.3.1 your use or inability to use the Service;
11.3.2 any errors, omissions or defects in the content; or
11.3.3 any interruptions, delays in transmission or computer viruses.

12 Messaging System

12.1 We provide a web based messaging system so that users can correspond with each other

12.2 You agree soley to use the messaging system for making genuine enquiries into other advertisements for private non-commercial reasons.

12.3 You agree not to abuse the messaging system by sending spam or other junk messages to users such as messages promoting other websites, businesses or services.

12.4 We may limit the number of messages that you are able to send to other users each day, each week, or each month.

12.5 Messages that are sent via the messaging system are stored in our database for a period of time and are read by staff for quality control, security and legal reasons.

12.6 Messages will deleted from time to time. This is usually after around 60 days but it may longer or shorter.

13 Links

The Web Site contains links to other web sites, resources, and sponsors. We are not responsible for the availability of these outside resources, or their contents. We make all efforts to maintain working links at all times, however, we are not responsible for 100% working links at all times.

14 Force majeure

We shall not be liable for any interruptions in Service resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities and strikes of its own employees, and the date of delivery of the work/assignment/payment be extended to the extent of any delay resulting from such force majeure event. You agree that we are not liable to give you notice in such a situation.

15 Relationship of Parties

It is agreed that we and you are independent parties and nothing in this agreement creates any partnership, joint venture, agency, franchise, or employment relationship between us.

16 Successors to the agreement

15.1 We may assign this Agreement or any of our rights and obligations hereunder without the notice or information to you.

15.2 The Advertiser shall not permit any part of the benefit of this agreement to be used by any other person except a person to whom the Advertiser’s business has been sold or transferred.

16 Contract is divisible

Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such deletions as may be necessary to make it valid and enforceable.

17 Notices

Any notice to be served on either of the parties by the other shall be sent by first class post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.

18 Headings

The headings in this document are for reference only.

19 Dispute Resolution

In the event of a dispute arising out of or in connection with this Agreement and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the parties to this Agreement then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

20 Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this contract.

21 Jurisdiction

This Contract shall be interpreted according to the Laws of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.

 


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