1. Acceptance of Terms
Dunoon Film Festival ("DFF"), comprised of the internet site www.dunoonfilmfestival.org (the Site), provides the information and services on the Site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the Site constitutes agreement with such Terms.
Before using the Site, please carefully read this agreement relating to your use of the Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
DFF reserves the right, at DFF's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, DFF intends to provide users with up to fourteen days of advance notice). To update these Terms, DFF will post both the changed version and its effective date at www.dunoonfilmfestival.org.uk/terms. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes.
Use of the Site constitutes full acceptance of and agreement to the Terms; if a user does not accept DFF's Terms, he or she is not granted rights to use the Site as defined herein, and should refrain from accessing the Site.
DFF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). DFF shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. No Unlawful or Prohibited Use
By using the Site, you warrant to DFF that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms.
If you violate any of these Terms, your permission to use the Site automatically terminates.
3. Description of Services
The Site is owned and operated by DFF for the purpose of promoting Dunoon Film Festival (the "Purpose"). The Site provides: news and information relating to Dunoon Film Festival.
Each user, by using the Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5. No Resale of Service
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Site, use of the Site, or access to the Site without prior written agreement.
DFF, any Site or a third party may provide links to other websites. DFF exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon.
DFF shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
7. Indemnity; Disclaimer; Limitation of Liability
Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any material from the Site. DFF expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Specifically, DFF makes no warranty that:
- The DFF site or any service thereon will meet your requirements,
- any user access will be uninterrupted, timely, secure or error-free,
- the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and
- any errors in the software will be corrected.
Excluding only damages arising out of DFF's gross negligence or willful misconduct, DFF shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other such damages, resulting from any user's use or inability to use any DFF sites or services thereon; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the DFF sites; or any other matter relating to the Site. In no event shall DFF's total cumulative liability to any user or other party under these terms of service or otherwise exceed £1,000.00. Some jurisdictions do not allow the exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between DFF and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, DFF does not and cannot control the rights to any third party. As noted above, DFF does not and cannot control the actions of Site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous, uninterrupted or secure access to the Site. Operation of the Site may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of or use of any asset, whether arising out of breach of contract, tortuous behavior, negligence or any other course of action by DFF.
Version: 1.0 April 2013