Terms and Conditions

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Terms and Conditions

Thistle Games and Scottish Media Lab and their websites and pages including thistlegames.com/ and medialab.scot/ are run in tandem by David Morrison. Terms and conditions applied to Thistle Games also apply to Scottish Media Lab.

About the Terms of Use:

  • Access to and use of thistlegames.com both in the UK and internationally, is on the following Terms of Use, (“agreement” or “Terms of Use”), which form an agreement that sets out the legally binding Terms of Use for the various websites and content that we own and operate, and any other features, further content or applications that we may offer.
  • By using thistlegames.com you agree to accept these Terms of Use, which take immediate effect upon on your first use of thistlegames.com. If you do not agree to be bound by all of the following Terms of Use please do not access or use thistlegames.com in any way.
  • The web site and related content are only available to individuals who are at least 13 years of age. As an individual, you represent and warrant that you are of legal age to form a binding contract, that you are at least 13 years old and that any registration data or other data submitted to the web site is accurate and truthful.
  • These Terms of Use may change, so you should check these Terms of Use regularly. Any continued use of thistlegames.com will be considered as constituting an acceptance of the altered Terms of Use. If you do not agree to the changes – stop using this website!

Acceptable Use

  • You agree to use thistlegames.com solely for lawful purposes, and not to disrupt anyone else’s use of thistlegames.com.
  • It is unacceptable to use thistlegames.com to participate in disruptive behaviour including harassing, impersonating, threatening, distressing or inconveniencing any person, or to transmit any obscene, profane or offensive content.
  • You agree that you must not use thistlegames.com to link to, copy, store, transmit, host or distribute any form of malicious computer software, including, without limitation, a computer virus, spyware, a trojan, a worm, a rootkit or a keylogger.
  • You agree that you must not use automatic or systematic data collection, including, without limitation, data mining, data extraction, data harvesting and scraping on or in respect of thistlegames.com.

Intellectual Property

  • All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on thistlegames.com, all content found on the site shall remain the property of Thistle Games/ D Morrison.
  • You may view, download solely for caching purposes and print pages from thistlegames.com for your own personal use.
  • You do not have permission to copy, reproduce, republish, sell, rent or sub-license Thistle Games’ content in any way except for your own personal, non-commercial use.
  • You do not have permission to broadcast, transmit, download, post, make available to the public, or otherwise use Thistle Games’ content in any way except for your own personal, non-commercial use.
  • You do not have permission to adapt, alter or create a derivative work from any of Thistle Games’ or Scottish Media Lab's content except for your own personal, non-commercial use.
  • Any other use of Thistle Games’ and/ or thistlegames.com’s content requires the prior written permission of C Morrison or D Morrison.
  • The names, images, symbols and logos identifying Thistle Games and thistlegames.com or third parties and their products and services are subject to copyright, design rights and trademarks held by J Temple, D Morrison and/ or third parties.
  • Nothing contained in these Terms of Use shall be interpreted or understood as conferring any licence or right to use any trademark, design right, trade secret, patent, right of publicity or copyright held by J Temple, D Morrison or any other third party.

Contributions

  • Sharing any contribution (including any scripts, forum postings, text, competition entries, photographs, graphics, video or audio) with Thistle Games and/ or thistlegames.com means granting to Thistle Games without charge, permission to use the material in any way it wishes (including modifying and adapting it) for use in any media worldwide. Thistle Games may also share your contribution with trusted third parties.
  • Copyright in your contribution stays with you and this permission is not exclusive, so you can continue to use your own material in any way including allowing others to use it.
  • To allow Thistle Games and thistlegames.com to use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws. You also confirm that you have the right to give Thistle Games and thistlegames.com permission to use your contribution for the purposes detailed above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent, carer or guardian if they are under 16.
  • If you would rather not grant the permission set out in the aforementioned Terms of Use, please do not submit or share your contribution with Thistle Games and/ or thistlegames.com.
  • Do not take any risks or break any laws to create content you may share with Thistle Games and/ or thistlegames.com.
  • Contributors’ views are their own and unless clearly stated are not those of Thistle Games, thistlegames.com or Thistle Games’ owners. We cannot be held responsible for any content posted by members of the public on thistlegames.com, or for the availability or content of any third party sites that are accessible through thistlegames.com. Links to third party websites from thistlegames.com do not amount to any approval or recommendation of that site by Thistle Games and thistlegames.com; and any use of that site by you is at your own risk.

Bandwidth

  • We cannot permit deep-linking to or mirroring of any of the content available on thistlegames.com.

Liability

  • thistlegames.com content, including all text, scripts, forum postings, names, images, pictures, symbols, graphics and icons regarding or relating to thistlegames.com, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis.
  • To the extent permitted by law, Thistle Games and thistlegames.com exclude all representations and warranties (whether express or implied by law), including implied warranties concerning adequacy, satisfactory quality, fitness for a given purpose, non-infringement, compatibility, security, reliability and accuracy.
  • We cannot guarantee the currency, completeness or performance of the website or any of the content. We try to ensure that all content provided by Thistle Games and thistlegames.com is correct at the time of publication but no responsibility is accepted by or on behalf of Thistle Games or thistlegames.com for any faults or mistakes on the website.
  • Thistle Games and thistlegames.com shall not be liable for any of the following losses or damage, (whether such damage or losses were foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of thistlegames.com regardless of the form of action.
  • We will not be liable for any loss or damage resulting from any event/ s outwith our reasonable control.
  • Thistle Games‘ and thistlegames.com’s maximum liability in relation to any event/ s is limited to £1.
  • We do not warrant that services available on thistlegames.com will be uninterrupted or free of error, that defects will be corrected, or that thistlegames.com or the server/ s that make content accessible are free of malicious software or bugs. You confirm that it is your responsibility to take adequate steps (including anti-virus, spyware and other security checks) to protect against security risks.

Indemnity

  • You indemnify us and agree to keep us indemnified against any losses, damages, costs, liabilities and expenses, including legal expenses, incurred or suffered by us through any breach you may make of these Terms of Use and any claim that you have breached any provision within these Terms of Use.

Breaches of Terms of Use

  • Without prejudicing our other rights under these Terms of Use, in the event of any breach of these Terms of Use we can take such action/ s as we consider appropriate to deal with the breach. Appropriate steps may include suspending your access to the website, denying you access to the website, blocking computers using your IP to gain access to the website, contacting your ISP and/ or taking legal action against you.

Restricted Access

  • Access to particular areas of thistlegames.com may be restricted. We retain the right to restrict access to any or all areas of thistlegames.com at our sole discretion.
  • In the event that we issue any user id or password that allows access to restricted areas, you agree to keep both the user id and the password confidential. Any such user id or password may be disabled at our sole discretion.

Assignment

  • We can transfer, license, sub-contract or deal with our rights and/ or obligations under these Terms of Use without informing you or gaining your consent. You cannot transfer, license, sub-contract or deal with your rights/ obligations under these Terms of Use.

Severability

  • If any of these Terms of Use are determined to be illegal, invalid or unenforceable, because of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall persist and continue to be binding and enforceable.

Exclusion

  • The Terms of Use presented here are for the protection and benefit of you and us. They are not intended to benefit any third party and exercising your and our rights in relation to these Terms of Use does not require the consent of any third party.

Failure or Delay

  • Any failure or delay of Thistle Games and/ or thistlegames.com to exercise or enforce any right in these Terms of Use does not waive Thistle Games’ and/ or thistlegames.com’s right to enforce that right.

Jurisdiction

  • These Terms of Use shall be governed by and interpreted in accordance with the laws of Scotland, which shall have jurisdiction over any disputes. Though we retain the right to initiate proceedings in any other court offering a competent jurisdiction.

Complete Agreement

  • The Terms of Use shown here and, the terms of our Privacy Policy, constitute the complete agreement between you and us concerning your use of Thistle Games and/ or thistlegames.com and/ or Scottish Media Lab or scottishmedialab.com unless you are making a purchase. In which case the following terms also apply within the complete agreement.

Terms and Conditions of Sales

The terms and conditions of sale apply to the use of the www.scottishmedialab.com and www.thistlegames.com/ websites.

When you order online with us, you are agreeing to accept these terms and conditions of sale. Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes.

A copy of the current terms and conditions of sale can be emailed to you. If you do not agree with the terms and conditions set out below, you should not order any products. If you have any queries relating to our terms and conditions, please contact us before placing an order.

Definitions

  1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
  2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
  3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
  4. “Goods” means the articles that the Buyer agrees to buy from the Seller;
  5. “Seller” means Thistle Games/ David Morrison of 32 Plantation Park Gardens, G51 1NW who owns and operates www.thistlegames.com/ and www.scottishmedialab.com/.
  6. Terms and Conditions” are the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
  • Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
  • These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
  • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
  • Products on this site are not for sale to persons under the age of 16.

Ordering

  • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. If the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

Price and Payment

  • The Price of the Content shall be that stipulated on the Seller’s Website.
  • The total purchase price, including charges, if any, will be informed to the Buyer’s prior to confirming the order.
  • Payment of the Price that might be due and delivery charges must be made in full before dispatch of the Goods.

Rights of the Seller

  • The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
  • The Seller reserves the right to withdraw any goods from the Website at any time.
  • The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

Age of Consent

  • Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
  • If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

Warranty

  • The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

Delivery

  • Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order.
  • Goods supplied outside the UK will normally be delivered within 20 working days of acceptance of order.
  • Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
  • The Seller shall use its reasonable efforts to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
  • Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  • Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Cancellation and Return

  • The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by contacting Thistle Games/ Scottish Media Lab by email within 14 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
  • Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund if the Goods are in fact defective.
  • If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by contacting Thistle Games/ Scottish Media Lab by email within 14 working days of receipt of the Goods.
  • Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
  • Goods to be returned must clearly show the order number obtained from the Seller on the package.
  • Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

Limitation of liability

  • As in the standard Terms and Conditions above.

Waiver

  • No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force Majure

  • The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Severance

  • As in the standard Terms and Conditions above.

Changes to Terms and Conditions of Sale

  • The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Jurisdiction

  • As in the standard Terms and Conditions above.