1.1 This disclaimer shall govern your use of our all the websites we manage including emeroleary.com, emerolearystudios.com herein refered to as "our websites".
1.2 By using any of our websites, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
2.1 This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/website-disclaimer).
3. Copyright notice
3.1 Copyright (c) 2022 Emer O'Leary Studios Limited. Company Number: SC527590, Registered at Creative Floor, Codebase, Argyle House, 3 Lady Lawson Street, Edinburgh, Scotland, EH3 9DR.
3.2 Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in all our websites and the material on our website; and
(b) all the copyright and other intellectual property rights in all our websites and the material on our website are reserved.
4. Permission to use websites
4.1 You may:
(a) view pages from our websites in a web browser;
(b) download pages from our websites for caching in a web browser; and
(c) print pages from our websites for your own personal and non-commercial use, providing that such printing is not systematic or excessive,
subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our websites or save any such material to your computer.
4.3 You may only use our websites for your own personal purposes; you must not use our websites for any other purposes.
4.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our websites (including republication on another websites);
(b) sell, rent or sub-license material from our websites;
(c) show any material from our websites in public;
(d) exploit material from our websites for a commercial purpose; or
(e) redistribute material from our websites.
4.5 We reserve the right to suspend or restrict access to our websites, to areas of our websites and/or to functionality upon our websites. We may, for example, suspend access to the websites during server maintenance or when we update the websites. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the websites.
5. Misuse of websites
5.1 You must not:
(a) use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability, accessibility, integrity or security of the websites;
(b) use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our websites;
(d) probe, scan or test the vulnerability of our websites without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our websites;
(f) use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our websites resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our websites without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;
(j) access or otherwise interact with our websites using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our websites except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our websites;
(m) use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our websites.
5.2 You must not use data collected from our websites to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.
6. Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our websites;
(b) that the material on the websites is up to date;
(c) that the websites will operate without fault; or
(d) that the websites or any service on the websites will remain available.
6.2 We reserve the right to discontinue or alter any or all of our websites services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites services, or if we stop publishing the websites.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our websites and the use of our websites.
7. Limitations and exclusions of liability
7.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
7.3 To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.1 We may revise this disclaimer from time to time.
8.2 The revised disclaimer shall apply to the use of our websites from the time of publication of the revised disclaimer on the websites.
9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10. Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with Scottish law.
10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Scotland.
11. Our details
11.1 This websites is owned and operated by Emer O'Leary Studios Limited, SC527590, Registered at Creative Floor, Codebase, Argyle House, 3 Lady Lawson Street, Edinburgh, Scotland, EH3 9DR
11.2 We operate in Scotland, and our registered office is at Creative Floor, Codebase, Argyle House, 3 Lady Lawson Street, Edinburgh, Scotland, EH3 9DR
11.3 Our principal place of business is at Creative Floor, Codebase, Argyle House, 3 Lady Lawson Street, Edinburgh, Scotland, EH3 9DR
12. You can contact us:
(a) by post, to the postal address given above;
(b) using our websites contact form; or
(c) by email, using the email address published on our websites.