Terms and Conditions | City Vistas

Please read through these Terms carefully. By accessing City Vistas eGuides.com Website at www.cityvistaseguides.com ("the Website") or by otherwise accessing any content found on this Website, you are deemed to have entered into an agreement with City Vistas eGuides and to have agreed to be bound by the terms set out below. The Website is owned and operated by City Vistas eGuides.

These terms were last updated on 08 November 2006.

Intellectual Property Protection

The contents and design of the City Vistas eGuides Website and any material e-mailed to you or otherwise supplied to you in conjunction with the Website (such contents, design and materials being collectively referred to as the "City Vistas eGuides Content"), are copyright of City Vistas eGuides. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "City Vistas eGuides" name and logo or other trade names appearing on the Website) for any reason without written permission from City Vistas eGuides. The software which operates the Website is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Use of City Vistas eGuides Content

You may retrieve and display City Vistas eGuides Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from City Vistas eGuides:

reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of City Vistas eGuides Content, or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of City Vistas eGuides Content (including use as part of any library, archive or similar service) without the prior written consent of City Vistas eGuides,
remove the copyright or trade mark notice from any copies of City Vistas eGuides Content made under these Terms.

Any use of City Vistas eGuides Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to City Vistas eGuides, 164/1 Montgomery Street, Edinburgh, EH7 5ER, Scotland, or submitted via email to info@cityvistaseguides.com and may be subject to a fee.

Licence Fee and Payment

Access to most City Vistas eGuides Content is subject to a fee. All payments (including applicable taxes) must be made in advance in British Pounds Sterling or other currency specified by City Vistas eGuides. You are responsible for the payment of all charges associated with the use of the Website using your ID.

Refunds for Annual Web Subscriptions are given on a pro-rata basis, as long as more than nine months of the subscription remains. The cost of each month (or part thereof) of the subscription that has elapsed will be deducted from the cost of the Annual Web Subscription at the prevailing monthly rate. After three months of an Annual Web Subscription has elapsed, refunds cannot be given.

Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of City Vistas eGuides.

Termination

City Vistas eGuides may, at its discretion, terminate or suspend your access to all or part of the Website (including any right to access and use City Vistas eGuides Content) with or without cause by delivering notice to you.

If your use of the Website is terminated by City Vistas eGuides, you will be entitled to receive a refund of your Annual Web Subscription on a pro-rata basis unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.

The rights of termination are in addition to all other rights or remedies of City Vistas eGuides provided in these Terms or by law.

Website Changes

City Vistas eGuides reserves the right, at its discretion, to suspend, change, modify, add or remove portions of City Vistas eGuides Content available on the Website at any time and to restrict the use and accessibility of the Website.

Registration and User I.D.

Certain areas of the Website are only open to you if you register. You are solely responsible for the confidentiality and use of and access to City Vistas eGuides Content and the Website using your user name, sign-on password, and/or I.D. You agree to immediately notify City Vistas eGuides if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of City Vistas eGuides Content or the Website. You will provide City Vistas eGuides with accurate, complete registration information (including in particular your e-mail address) and inform City Vistas eGuides of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, City Vistas eGuides reserves the right to monitor and record activity on the Website, including access to City Vistas eGuides Content.

Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. City Vistas eGuides does not permit access through a single name and password being made available to multiple users on a network. City Vistas eGuides may cancel or suspend your access to the Website if you do this without further obligation to you.

Privacy Policy

The information that you provide about yourself to City Vistas eGuides will only be used in accordance with City Vistas eGuides's Privacy Policy Statement.

No Warranty, Disclaimer of Liability and Indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Website and the City Vistas eGuides Content, City Vistas eGuides makes no warranty, express or implied concerning City Vistas eGuides Content, the Website, software or products or services available through the Website (the "Website Services"), which are provided "as is". City Vistas eGuides expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will City Vistas eGuides, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Website Services, even if City Vistas eGuides has been advised of the possibility that such damages may arise. City Vistas eGuides does not guarantee the accuracy, content, or timeliness of the Website Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.

In no event will any liability of City Vistas eGuides, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Website Services or breach of these Terms by City Vistas eGuides exceed the amount, if any, paid by you to City Vistas eGuides in respect of the particular Website Service to which the claim relates.

Upon City Vistas eGuides's request, you agree to defend, indemnify and hold harmless City Vistas eGuides from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Website Services.

Force Majeure

City Vistas eGuides, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of City Vistas eGuides Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Miscellaneous

Changes to these Terms. City Vistas eGuides may, at its discretion, change these Terms (including those relating to your use of Website and/or City Vistas eGuides Content). When Terms are changed, City Vistas eGuides will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Website after City Vistas eGuides has published or 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 Website any further after they are published. Access to certain City Vistas eGuides Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Websites. Parts of the Website may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. City Vistas eGuides is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Website may contain links to other web sites. City Vistas eGuides is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by City Vistas eGuides.

Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, Scottish law. The parties irrevocably agree that the courts of Scotland 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 or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Scottish courts.

For the exclusive benefit of City Vistas eGuides, City Vistas eGuides shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.