Terms and Conditions

Duck Bay Marina

TERMS AND CONDITIONS OF WEBSITE USE

Please read this carefully. By accessing this members area of the Duck Bay Marina web site at www.duckbay.co.uk (the "Site") you are agreeing to the terms that appear below. If you have any questions, please contact info@duckbay.co.uk

Membership of Duck Bay Marina is available on the following Terms and Conditions which were last updated on 8th January 2007.

Membership 
You must provide us with accurate membership information and it is your responsibility to inform us of any changes to that information (including in particular your e-mail address) by emailing info@duckbay.co.uk
 
Each membership registration is for a single user only. That user must be a natural person, not a partnership, company or other entity. On registration, you will choose a user name and password. We do not permit any of the following:

  • any other person sharing your user name and password
  • access through a single name and password being made available to multiple users on a

You are responsible for all use of the Site made by you or anyone else using your user name or password and for preventing unauthorised use of them. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your password, please notify us immediately by emailing info@duckbay.co.uk.

You may not attempt to gain unauthorised access to the Site, or computer systems or networks connected to the Site, through hacking, password mining or any other means.

We reserve the right to suspend or terminate your access and use of the Site at any time on giving reasonable notice to you.  If applicable, notice will be given to your email address as notified to us.  In that event, notice will be deemed to be served three hours after transmission or posting.
 

Privacy Policy

The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy.   The Privacy Policy statement does not apply to Third Party Sites (as defined below).
 

Use of Duck Bay Marina Site

You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions or use the Site in any manner that could damage, disable or impair the Site (or the networks connected to the Site) or interfere with any other party's use or enjoyment of the Site. 

The Site may contain interactive sections such as deal rooms, chat rooms, networking rooms, ask the expert advice feature or bulletin boards (the "Interactive Sections") designed to enable you to communicate with other members of the Duck Bay Marina ("Community"). Users of the Site may post and/or transmit data, text or other materials to these Interactive Sections. You shall be liable for any postings you make to the Interactive Sections. We shall not be liable or responsible for such postings. We have no obligation to and do not, in the normal course, control, pre-screen, monitor or edit postings to the Interactive Sections.  However, we reserve the right to review material posted to the Interactive Sections and to edit, refuse to post or to remove any material, in whole or in part, at our sole discretion. We are not responsible for and do not necessarily endorse, support or recommend the contents of postings or the Interactive Sections. YOU SHOULD NOT RELY ON THE CONTENT OF ANY POSTINGS, AND ANY RELIANCE ON POSTINGS WILL BE AT YOUR OWN RISK.

The Site may contain a suppliers directory. We are not responsible for the availability or quality of services provided by suppliers advertised on the site. We will not be a party to, or in any way be responsible for, any transaction concerning goods or services available from such supplier. Any transaction entered into with a supplier will be at your own risk.

You agree that when using the Site, you will not (by way of example, and without limitation):

Use the Site in connection with surveys, contests, chain letters, junk email, pyramid schemes, mail bombs or spamming, or attempt to disrupt or interfere with any Interactive Sections (as defined below) or any other part of the Site;
Defame, abuse, harass, stalk, threaten or violate any other legal rights of others (such as rights of privacy and publicity); 
Post or upload any defamatory, obscene, indecent, threatening, degrading or unlawful material;
Post anything that contains information obtained or disclosed in breach of confidence or which is otherwise contrary to any applicable law or regulation;
Upload, or otherwise make available, files that contain material protected by intellectual property laws, including, without limitation, copyright or trade mark laws unless you own or control the rights thereto or have received all necessary consents to do the same; 
Use any material which is made available through the Site in any manner that infringes any rights of any party; 
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar programs;
Create any posting that is or could be deemed to be the provision of professional advice;
Create any posting that impersonates any person, company, group or entity or misrepresents a relationship to or with any of the same;
Create any posting that prevents or restricts the use of the Site, Members Material, Documents and/or the Interactive Sections by other users;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such part of the Site specifically allows such messages.

 Should you have any concerns over any of the material posted on the online forum, please notify us immediately by e-mailing info@duckbay.co.uk.
 
You undertake to us that you will access this Site and use the personal data on this Site for the sole purpose of contacting other members of the Community and that you will not copy any personal data on this website or use any such personal data for any other purpose.
 

Use of Site Content

All content that is made available to view and/or download in connection with the Site, excluding Your Material (as defined below), Members Material (as defined below) that may be made available by other members of the Community, Documents (as defined below) that may be made available by us ("Content") may not be reproduced by you other than when downloaded and viewed on a single PC for private use only.  Content is not to be otherwise reproduced or transmitted or made available on a network.

You may not remove or alter copyright or other proprietary notices from any copies of Content.

Downloadable Content Posted on the Site by Us

We may post or upload downloadable documents in Interactive Sections or other areas of the Site ("Documents") that you may freely view, download, distribute, copy transmit, publicly display, reproduce, translate or adapt, subject to the following licence conditions. 

We hereby grant to you, subject to provisions below regarding Use of Trade Marks, a non-exclusive, revocable, worldwide, royalty-free licence to copy, distribute, transmit, publicly display, reproduce, translate or adapt any Document we may post on the Site, and the right to sublicense such rights to any third party.  We hereby waive any and all moral rights we may have in such Documents.  The licences granted in the preceding sentences in respect of a Document will terminate at the time the relevant Document is completely removed from the Site by us, provided that such termination shall not affect any licences granted in connection with such Document prior to the time of its removal.

Materials Posted on the Site by You

We do not claim ownership of any material you provide to us or post, upload, input or submit to the Site ("Your Material").

You warrant and represent that you are the owner of all intellectual property rights or other rights in Your Material, or that the owner of such rights has granted you all necessary licences to use any content contained in Your Material and that you have the rights necessary to grant the licences and sublicences described in these Terms and Conditions. 

You hereby grant to us and all members of the Community, subject to provisions below regarding Use of Trade Marks, a non-exclusive, revocable, worldwide, royalty-free licence to copy, distribute, transmit, publicly display, reproduce, translate and adapt Your Material and the right to sublicense such rights to any third party.  You hereby waive any and all moral rights you may have in Your Material and any rights you may have to be named in connection with the Material and/or object to the treatment of the Material.  The licences granted in the preceding sentences in respect of any part of Your Material will terminate at the time the relevant part of Your Material is completely removed from the Site, provided that, such termination shall not affect any licences granted in connection with such part of Your Material prior to the time of its removal.  No compensation will be paid to you with respect to the use of Your Material by any party.

You shall indemnify us on demand and hold us harmless from and against any and all claims, damages, losses, costs and/or expenses arising in respect of any claim that any of Your Material or your use of the Site infringes or violates the intellectual property rights or other rights of any third party.

Materials Posted on the Site by Other Members

Other members of the Community may post, upload, input or submit material to the Site ("Members Material").

You may, subject to provisions below regarding Use of Trade Marks, copy, distribute, transmit, publicly display, reproduce, translate or adapt any Members Material and may sublicence any third party to do the same.  Your right to do any of the foregoing in respect of a part of the Members Material will terminate at the time the relevant part of the Members Material is completely removed from the Site, provided that such termination shall not affect any licences granted in connection with such part of the Members Material prior to the time of its removal.

Use of Trade Marks

Except where you have adapted Members Material or Documents in any way, you must not remove or alter any copyright and other proprietary notices from such Members Material or Documents.  Where you have adapted Members Material or Documents you must remove all copyright and other proprietary notices from adapted versions.

You acknowledge that "Scottish Enterprise" and the Scottish Enterprise logo are trade marks of Scottish Enterprise and that you may not use them without written permission from us, except as provided in the foregoing provisions. You also acknowledge that other logos displayed on this Site may be trade marks of the respective organisations and you may not use them without written permission from that organisation.

You will not register as a trade mark any identical or confusingly similar mark to any of the above trade marks.

No Warranty and Limitation of Liability

The Content is only for your general information and use and is not intended to address your particular requirements. IN PARTICULAR, THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY US AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility. 

The Site contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, we will make clear where such links are being made.  WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF THIRD PARTY SITES AND WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING GOODS OR SERVICES AVAILABLE FROM SUCH THIRD PARTY SITES. 

Due to the number of sources from which we obtain Content and the nature of electronic distribution via the internet, we do not give any warranties in respect of the Site, Content, software or services available through the Site (collectively, "Site Services").  In particular, the Site Services are provided on an "as is", "with all faults" and "as available" basis.  TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS OR PERFORMANCE.  ADDITIONALLY, WE MAKE NO WARRANTY THAT THE SITE SERVICES ARE YEAR 2000 COMPLIANT IN ACCORDANCE WITH BSI DISC PD2000-1 OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. 

WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.  WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  WE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT AND/OR MATERIAL SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY. 
 
WE SHALL NOT BE LIABLE TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION, OTHER THAN AS PROVIDED BELOW.  IN PARTICULAR, BUT WITHOUT LIMITATION, WE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR:

ANY ECONOMIC LOSS (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, OR ANTICIPATED SAVINGS); OR
ANY LOSS OF GOODWILL OR REPUTATION; OR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGE,
 
IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF CONTRACTING, ARISING OUT OF ANY DAMAGE, DEFECT OR OTHER FAILING ON OUR PART OR OUT OF ANY MISUSE BY ANY OTHER PERSON OF THE SITE UNLESS (A) YOU HAVE EXPRESSLY MADE US AWARE IN WRITING OF THE NATURE AND EXTENT OF THE LOSS OR DAMAGE WHICH YOU MAY SUFFER IN SUCH SITUATION AND (B) WE HAVE EXPRESSLY CONFIRMED IN WRITING THAT WE ACCEPT LIABILITY.
 
You agree that your only recovery for any damages that you incur, and your exclusive remedy shall be limited to £100.
 
Nothing in these terms shall limit any rights you may have as a member which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
 

Changes to these Terms and Conditions

We reserve the right, at our discretion, to make changes to any part of the Site.  Due to our policy of updating and improving the Site, we may wish to change these Terms and Conditions (including those relating to your use of the Content).  When the Terms and Conditions are changed, we will notify you when you access the Site.  If you use the Site after we have notified you of the changes you are agreeing now to be bound by those changes.  If you do not agree to be bound by those changes you should not use the Site any further after you receive notice of them.

Termination

We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your postings from this Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by us, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the Site.
 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the Laws of Scotland and all parties irrevocably submit all disputes to the exclusive jurisdiction of the Scottish Courts. 
 

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and conditions or your use of the Site.

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any and all claims, losses, costs, damages and/or expenses (including without limitation reasonable legal expenses) asserted by any third party due to or arising out of your use of or conduct on the Site. 
 
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 
 
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 
 
Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.