This is the second public draft copy of the Acceptable Use Policy governing
SCOTLAND ROCK'S™, it's web site's and networks including all resources
and tools made available for members use. It does not identify every action
that could be considered acceptable or inappropriate use, but rather gives a
guideline for which members should follow. In the event wherein a use or issue
arises not explicitly covered then the decision regarding that use or issue
will be at the sole discretion of SCOTLAND ROCK'S™.
This statement represents a guide to the acceptable use of SCOTLAND ROCK'S™. Any Member or Affiliate organization or individual connected to SCOTLAND ROCK'S™ in order to use the SCOTLAND ROCK'S™ web site & network, or any other networks which are used as a result of their access and use of SCOTLAND ROCK'S™ resources & web tools must comply with this policy and the stated purposes and Acceptable Use policies of any other networks or hosts where these resources and web tools are used.
Each Member and Affiliate organization is responsible for the activity of its users and for ensuring that its users are familiar with this policy or an equivalent policy. In addition each Member and Affiliate is encouraged to maintain and enforce its own Acceptable Use policies. The provisions of this policy govern all use of SCOTLAND ROCK'S™, including any unsupervised anonymous network access offered to Members or Affiliates.
The following guidelines will be applied to determine whether or not a particular use of SCOTLAND ROCK'S™ is appropriate:
The intent of this policy is to make clear certain uses which are and are not appropriate, not to exhaustively enumerate all such possible uses. Using the guidelines given above, SCOTLAND ROCK'S™ may at any time make determinations that particular uses are or are not appropriate.
SCOTLAND ROCK'S™ will not monitor or judge the content of information transmitted over SCOTLAND ROCK'S™ resources, but will investigate complaints of possible inappropriate use. In the course of investigating complaints, SCOTLAND ROCK'S™ staff will safeguard the privacy of all parties and will themselves follow the guidelines given in this policy. SCOTLAND ROCK'S™ will only release sensitive, confidential or personally identifiable information to third parties when required by law or when in SCOTLAND ROCK'S™ judgment release is required to prevent serious injury or harm that could result from violation of this policy.
When SCOTLAND ROCK'S™ learns of possible inappropriate use, SCOTLAND ROCK'S™ staff will notify the Member or Affiliate responsible, which must take immediate remedial action and inform SCOTLAND ROCK'S™ of its action. In an emergency, in order to prevent further possible inappropriate activity, SCOTLAND ROCK'S™ may temporarily or permanently disconnect external uses of resources and block further access provided to a Member or Affiliate from SCOTLAND ROCK'S™. If this is deemed necessary by SCOTLAND ROCK'S™ staff, every effort will be made to inform the Member or Affiliate prior to disconnection, and where appropriate every effort will be made to re-establish the connection as soon as it is mutually deemed safe.
Any determination of inappropriate use serious enough to require disconnection shall be promptly communicated to the parties involved.
Click here to review the SCOTLAND ROCK'S™ Privacy Policy.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify the Acceptable Use Policy & Terms of Service from time to time without notice. Please review the Acceptable Use Policy & Terms of Service from time to time so that you will be apprised of any changes.
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act.
SCOTLAND ROCK'S™ disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or operability or
availability of information or material displayed through the SCOTLAND ROCK'S™
web site and its Services. SCOTLAND ROCK'S™ disclaims any responsibility
for the deletion, failure to store, misdelivery, or untimely delivery of any
information or material. SCOTLAND ROCK'S™ disclaims any responsibility
for any harm resulting from downloading or accessing any information or material
on the Internet through the SCOTLAND ROCK'S™ Services.
THE SCOTLAND ROCK'S™ SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SCOTLAND ROCK'S™ EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SCOTLAND ROCK'S™ DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SCOTLAND ROCK'S™ WEB SITE & SERVICES. SCOTLAND ROCK'S™ DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SCOTLAND ROCK'S™ WEB SITE & SERVICES. SCOTLAND ROCK'S™ DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCOTLAND ROCK'S™ WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SCOTLAND ROCK'S™ WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH SCOTLAND ROCK'S™ SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF SCOTLAND ROCK'S™ SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM REGION TO REGION AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL SCOTLAND ROCK'S™ BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SCOTLAND ROCK'S™ WEB SITE AND OR SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SCOTLAND ROCK'S™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SCOTLAND ROCK'S™ WEB SITE AND OR SERVICES, FROM INABILITY TO USE THE SCOTLAND ROCK'S™ WEB SITE AND OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SCOTLAND ROCK'S™ WEB SITE AND OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SCOTLAND ROCK'S™ WEB SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall SCOTLAND ROCK'S™ be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
SCOTLAND ROCK'S™ occasionally receives requests from people to remove links
and content from its web site and database. Although SCOTLAND ROCK'S™ reserves
the right to address such requests individually, the general approach that SCOTLAND
ROCK'S™ takes reflects the following principles:
SCOTLAND ROCK'S™ web site and database consist of information and content in part or whole supplied by individuals whom are responsible for declaring their legal right to add that content to our web site and database. (a) Where a dispute arises over the legal competence of the individual who originally uploaded that content to our web site and database to do so. We will suspend all public access to the disputed content in as timely a manner as can be reasonably carried out without causing disruption to our registered users. Where a challenge on the legal right to upload content is proved the details of the user including all personal information collected automatically will be passed on to the true owners of the content upon request by their legal representatives. (b) Where we receive a request that the broadcasting of particular musical content is ceased. We will in a timely fashion remove that content from our broadcasts and notify all individuals responsible for content selection on our own broadcasts that this should no longer be included.
These Terms of Service will be governed by and construed in accordance with the laws of Scotland, without giving effect to its conflict of laws provisions or your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by SCOTLAND ROCK'S™.
This document is due to be revised again on or just after January 1st 2007.
Home | AUP
| Copyrights
| Waiver of
Copyrights | Privacy
Policy
© 2000 - 2005 Scotland Rock's™. All rights reserved.