Terms of Website Use

These terms of use (together with the documents referred to in it) detail the terms by which you may make use of our website http://capturedrealities.com (“our website”), whether as a guest or a registered user. Use of our website includes accessing, browsing, or registering to use our website.

Please read these terms of website use carefully before you start to use our website as these will apply to your use of our website.

We recommend that you print a copy of this for future reference.

By using our website you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our website.

 

Other applicable terms

These terms of website use refer to the following additional terms, which may also apply to your use of our website:

Our Privacy Policy and Cookie Policy located at http://capturedrealities.com/privacycookie-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and sets out information about the cookies on our site.

1. Information about us

http://capturedrealities.com is a website operated by Captured Realities Ltd (“We” or “we”), a private limited company incorporated in Scotland with company number SC579599, whose registered office is 1 Harmony Crescent, Bonnyrigg, EH19 3NZ, United Kingdom.

 

2. Changes to these terms

2.1 We may revise these terms of website use at any time by amending this page.

2.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

3. Changes to our website

3.1 We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.

3.2 We do not guarantee that our website, or any content on it, will be free from errors or omissions.

 

4. Accessing and using our website

4.1 Our website is made available free of charge.

4.2 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason if our website is unavailable at any time or for any period.

4.3 You are responsible for making all arrangements necessary for you to have access to our website.

4.4 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of website use and other applicable terms and conditions, and that they comply with them.

4.5 You may use our website for lawful purposes only. You may not use our website:

4.5.1 in any way that breaches any applicable local, national or international law or regulation;

4.5.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.5.3 for the purpose of harming or attempting to harm minors in any way;

4.5.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms; and

4.5.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

4.6 You also agree not to access without authority, interfere with, damage or disrupt any part of our website, any equipment or network on which our website is stored, any software used in the provision of our website, or any equipment or network or software owned or used by any third party.

 

5. Your account and password

5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of website use.

5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@capturedrealities.com.

 

6. Intellectual property rights

6.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

6.5 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

6.6 If you print off, copy or download any part of our website in breach of these terms of website use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

7. No reliance on information

7.1 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

7.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

 

8. Limitation of our liability

8.1 Nothing in these terms of website use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scottish law.

8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

8.3 We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

8.3.1 use of, or inability to use, our website; or

8.3.2 use of or reliance on any content displayed on our website.

8.4 If you are a business user, please note that in particular, we will not be liable for:

8.4.1 loss of profits, sales, business, or revenue;

8.4.2 business interruption;

8.4.3 loss of anticipated savings;

8.4.4 loss of business opportunity, goodwill or reputation; or

8.4.5 any indirect or consequential loss or damage.

8.5 If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

8.7 We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

8.8 You agree to indemnify and hold Captured Realities Ltd, its employees, members, partners, and its agents harmless from and against all liabilities, losses, costs, legal fees, damages, and other expenses in relation to any claim or action brought against Captured Realities Ltd arising out of any breach by you of these terms or any other terms referred or any other liabilities arising out of your use of our website.

 

9. Viruses

9.1 We do not guarantee that our website will be secure or free from bugs or viruses.

9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

9.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack or any other technologically harmful means. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing information about you to them. In the event of such a breach, your right to use our website will cease immediately.

 

10. Suspension and Termination

10.1 We will determine, at our discretion, whether there has been a breach of these terms through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

10.2 Failure to comply with these terms constitutes a material breach upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

10.2.1 immediate, temporary or permanent withdrawal of your right to use our website;

10.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our website;

10.2.3 issue of a warning to you;

10.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.2.5 further legal action against you; or

10.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

10.3 We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

11. Linking to our website

11.1 You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.3 Our website must not be framed on any other website (such as, but not limited to, use of iframes).

11.4 We reserve the right to withdraw linking permission without notice.

11.5 If you wish to make any use of content on our website other than that set out above, please contact info@capturedrealities.com.

 

12. Third party links and resources in our website

12.1 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.

12.2 We have no control over the contents of third party websites or resources.

 

13. Severance

13.1 If any provision or part-provision of these terms or any other terms referred to is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.

13.2 If any provision or part-provision of these terms is invalid, illegal or unenforceable, we will amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended result of the original provision.

 

14. Waiver

14.1 A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

14.2 A failure or delay by Captured Realities Ltd to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

 

15. Applicable law

15.1 If you are a consumer, please note that these terms of website use, its subject matter and its formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction.

15.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

 

16. Contact us

To contact us, please email info@capturedrealities.com.