Welcome
to Scotland's Personal Hotels. Scotland's
Personal Hotels supports freedom of speech,
both on and off the Internet. However, the
goal of this web site is to provide access
to the widest selection of rental properties
to the largest group of people possible.
To ensure a safe, nonoffensive environment
for all of our users, we have established
our Terms of Use. It spells out what you
can expect from us and what we expect from
you. By accessing any areas of Scotland's
Personal Hotels, users ("Users")
agree to be legally bound and to abide by
the terms set forth below. Scotland's Personal
Hotels is owned and operated by Scotland's
Personal Hotels . Any references herein
to Scotland's Personal Hotels shall be deemed
to refer to Scotland's Personal Hotels and/or
Scotland's Personal Hotels , as applicable
under the circumstances.
I. TRADEMARKS
Scotland's Personal Hotels are all service
marks of Scotland's Personal Hotels or its
affiliates. All rights reserved. These and
other Scotland's Personal Hotels graphics,
logos and service marks and trademarks of
Scotland's Personal Hotels and its affiliates
may not be used without prior written consent
of Scotland's Personal Hotels or its affiliates,
as the case may be. All other trademarks,
product names, and company names and logos
appearing on Scotland's Personal Hotels
are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION
OF LIABILITY
User expressly agrees that use of Scotland's
Personal Hotels is at User's sole risk.
Neither Scotland's Personal Hotels, nor
its affiliates, nor any of their officers,
directors, or employees, agents, third-party
content providers, merchants, sponsors,
licensors (collectively, "Providers"),
or the like, warrant that Scotland's Personal
Hotels will be uninterrupted or error-free;
nor do they make any warranty as to the
results that may be obtained from the use
of Scotland's Personal Hotels, or as to
the accuracy, reliability, or currency of
any information content, service, or merchandise
provided through Scotland's Personal Hotels.
THIS SITE IS PROVIDED BY Scotland's
Personal Hotels ON AN "AS IS"AND
"AS AVAILABLE" BASIS. Scotland's
Personal Hotels MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, Scotland's Personal Hotels
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Scotland's Personal Hotels WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY Scotland's
Personal Hotels NOR ITS AFFILIATES, NOR
ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE
A WARRANTY; NOR SHALL USER RELY ON ANY SUCH
INFORMATION OR ADVICE.
Under no circumstances shall
Scotland's Personal Hotels or any other
party involved in creating, producing, or
distributing Scotland's Personal Hotels
be liable for any direct, indirect, incidental,
special, or consequential damages that result
from the use of or inability to use Scotland's
Personal Hotels, including but not limited
to reliance by a User on any information
obtained from Scotland's Personal Hotels
or that result from mistakes, omissions,
interruptions, deletion of files or email,
errors, defects, viruses, delays in operation
or transmission, or any failure of performance,
whether or not resulting from acts of God,
communications failure, theft, destruction,
or unauthorized access to Scotland's Personal
Hotels's records, programs, or services.
User hereby acknowledges that this paragraph
shall apply to all content, merchandise,
and services available through Scotland's
Personal Hotels. Because some states do
not allow the exclusion or limitation of
liability for consequential or incidental
damages, in such states liability is limited
to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that Scotland's Personal
Hotels contains information, data, software,
photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material
(collectively "Content") that
are protected by copyrights, trademarks,
trade secrets, or other proprietary rights,
and that these rights are valid and protected
in all forms, media and technologies existing
now or hereinafter developed. All Content
is copyrighted as a collective work under
the U.S. copyright laws, and Scotland's
Personal Hotels owns a copyright in the
selection, coordination, arrangement, and
enhancement of such Content. User may not
modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer
or sale of, create derivative works from,
or in any way exploit any of the Content,
in whole or in part. If no specific restrictions
are displayed, Users may make copies of
select portions of the Content, provided
that the copies are made only for User's
personal use and that User maintains any
notices contained in the Content, such as
all copyright notices, trademark legends,
or other proprietary rights notices. Except
as provided in the preceding sentence or
as permitted by the fair use privilege under
the UK copyright laws. User may not upload,
post, reproduce, or distribute in any way
Content protected by copyright, or other
proprietary right, without obtaining permission
of the owner of the copyright or other propriety
right. In addition to the foregoing, use
of any software Content shall be governed
by the software license agreement accompanying
such software.
b. DISTRIBUTION/UPLOADING
OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above,
User may upload to or otherwise distribute
on Scotland's Personal Hotels only Content
that is not subject to any copyright or
other proprietary rights protection (collectively,
"Public Content"), or Content
in which the author has given express authorization
for distribution on the World Wide Web.
Any copyrighted or other proprietary Content
distributed with the consent of a copyright
owner should contain a phrase such as "Copyright,
owned by [name of owner]; used by permission."
The unauthorized submission or distribution
of copyrighted or other proprietary Content
is illegal and could subject the User to
criminal prosecution as well as personal
liability for damages in a civil suit. User
will be liable for any damage resulting
from any infringement of copyrights or proprietary
rights, or from any other harm arising from
such submission. Neither Scotland's Personal
Hotels, nor its affiliates, nor any of their
officers, directors, employees, agents,
Providers, or the like, will be liable for
any damage resulting from any infringement
of copyrights or proprietary rights, or
from any other harm arising from such User
submission. In compliance with the Digital
Millennium Copyright Act, Users and other
persons can report an infringement corrections@Scotland's
Personal Hotels to Scotland's Personal Hotels.
By submitting Content to any User-submit
areas, including, without limitation, any
User reviews or participation in any forum,
User automatically grants, or warrants that
the owner of such Content has expressly
granted Scotland's Personal Hotels the royalty-free,
perpetual, irrevocable, nonexclusive right
and license to use, reproduce, publish,
translate, sublicense, copy, and distribute
the Content in whole or in part worldwide
and/or to incorporate it in other works
in any form, media, or technology now known
or hereafter developed for the full term
of any copyright that may exist in such
Content. User also permits any other User
to access, store, or reproduce the Content
for that User's personal use. Subject to
this grant, the owner of Content placed
on Scotland's Personal Hotels retains any
and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
Scotland's Personal Hotels is a distributor
and not a publisher of Content supplied
by third parties and Users. Scotland's Personal
Hotels has no more editorial control over
such Content than does a public library
or newsstand. Any opinions, advice, statements,
services, offers, or other information that
constitutes part of Content expressed or
made available by third parties, including
Providers or any other User of Scotland's
Personal Hotels, are those of the respective
authors or distributors and not of Scotland's
Personal Hotels or its affiliates or any
of their officers, directors, employees,
or agents. Neither Scotland's Personal Hotels
nor its affiliates, nor any of their officers,
directors, employees, or agents, nor any
third party, including any Provider, or
any other User of Scotland's Personal Hotels,
guarantees the accuracy, completeness, or
usefulness of any Content, nor its merchantability
or fitness for any particular purpose. In
many instances, the Content available through
Scotland's Personal Hotels represents the
opinions and judgments of the respective
Provider, or User not under contract with
Scotland's Personal Hotels. Scotland's Personal
Hotels neither endorses nor is responsible
for the accuracy or reliability of any opinion,
advice, or statement made on Scotland's
Personal Hotels by anyone other than authorized
Scotland's Personal Hotels employees. Under
no circumstances shall Scotland's Personal
Hotels, or its affiliates, or any of their
officers, directors, employees, or agents
be liable for any loss, damage or harm caused
by a User's reliance on information obtained
through Scotland's Personal Hotels. It is
the responsibility of User to evaluate the
information, opinion, advice, or other Content
available through Scotland's Personal Hotels.
IV. ONLINE CONDUCT
User agrees to use Scotland's Personal Hotels
only for lawful purposes. User is prohibited
from posting on or transmitting through
Scotland's Personal Hotels any unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically,
or otherwise objectionable material of any
kind, including but not limited to any material
that encourages conduct that would constitute
a criminal offence, give rise to civil liability,
or otherwise violate any applicable local,
state, national, or international law.
If Scotland's Personal Hotels
is notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content
provided by User (e.g., through an property
detial page or online review), Scotland's
Personal Hotels may investigate the allegation
and determine in its sole discretion whether
to remove or request the removal of such
Content from Scotland's Personal Hotels.
Scotland's Personal Hotels may disclose
any Content or electronic communication
of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure
is necessary or appropriate to operate Scotland's
Personal Hotels; or (iii) to protect the
rights or property of Scotland's Personal
Hotels, its Users or Providers.
Scotland's Personal Hotels
reserves the right to prohibit conduct,
communication, or Content that it deems
in its sole discretion to be harmful to
individual Users, Scotland's Personal Hotels,
the communities that make up Scotland's
Personal Hotels, or any rights of Scotland's
Personal Hotels or any third party, or to
violate any applicable law. Notwithstanding
the foregoing, neither Scotland's Personal
Hotels nor its Providers can ensure prompt
removal of questionable Content after online
posting. Accordingly, neither Scotland's
Personal Hotels, nor its affiliates, nor
any of their officers, directors, employees,
or agents, nor Providers shall assume liability
for any action or inaction with respect
to conduct, communication, or Content on
Scotland's Personal Hotels.
V. PRIVACY POLICY
In accordance with the terms of Scotland's
Personal Hotels's Privacy Policy, Scotland's
Personal Hotels respects the privacy of
its Users.
VI. TERMINATION OF USAGE
Scotland's Personal Hotels may terminate
User's access, or suspend any User's access
to all or part of Scotland's Personal Hotels,
without notice, for any conduct that Scotland's
Personal Hotels, in its sole discretion,
believes is in violation of any applicable
law or is harmful to the interests of another
User, a third-party Provider, a service
provider, or Scotland's Personal Hotels.
VII. USAGE BY CHILDREN UNDER
13
Scotland's Personal Hotels cannot prohibit
minors from visiting this site. Scotland's
Personal Hotels must rely on parents, guardians
and those responsible for supervising children
under 13 to decide which materials are appropriate
for such children to view and/or purchase
(whether in our Kids! department or our
other departments).
Scotland's Personal Hotels
requires that all purchases be made either
(i) by individuals 18 years of age or older.
EACH TIME YOU PURCHASE A PRODUCT AT Scotland's
Personal Hotels, YOU ARE REPRESENTING TO
Scotland's Personal Hotels THAT YOU ARE
AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.
VIII. APPLICABLE LAW
This site is created and controlled by Scotland's
Personal Hotels in the United Kingdom. As
such, the laws of Scotland will govern these
disclaimers, terms and conditions, without
giving effect to any principles of conflicts
of laws. Scotland's Personal Hotels reserves
the right to make changes to its site and
these disclaimers, terms and conditions
at any time. User hereby irrevocably and
unconditionally consents to submit to the
exclusive jurisdiction of the courts of
the Scotland for any litigation arising
out of or relating to use of or purchase
made through Scotland's Personal Hotels
(and agrees not to commence any litigation
relating thereto except in such courts),
waives any objection to the laying of venue
of any such litigation in the Scottish Courts
and agrees not to plead or claim in any
other court that such litigation brought
therein has been brought in an inconvenient
forum.
IX. SEVERABILITY
The provisions of these Terms of Use are
intended to be severable. If for any reason
any provision of these Terms of Use shall
be held invalid or unenforceable in whole
or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective
to the extent of such invalidity or unenforceability
without in any manner affecting the validity
or enforceability thereof in any other jurisdiction
or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Terms of
Use, including all documents referenced
herein, represents the entire understanding
between you and Scotland's Personal Hotels
regarding your relationship with Scotland's
Personal Hotels and supersedes any prior
statements or representations. YOU AGREE
TO BE BOUND BY THE TERMS OF USE by using
the Scotland's Personal Hotels web site.
The aforementioned Terms of Use are subject
to change.
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