FIFE GOLF DIGITAL MEDIA HUB (FG DMH):
TERMS & CONDITIONS
Read these terms and conditions carefully before using or purchasing the Fife Golf Digital Media Hub Subscription. By using or purchasing the subscription from Us, you agree to be bound by the terms and conditions of Our Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase the Fife Golf Digital Media Hub.
In these Terms and Conditions;
- “‘We’ /‘Us’/ ‘Our’” means Fife Golf Partnership Ltd doing business as Fife Golf.
- “You” means the person or entity allowed registered access to this FG DMH and the employer or principal of any such person.
- “this FG DMH” means the digital media hub available through the following URL: https://visitfifegolf.co.uk/media-hub
- “Assets” means the photographs, artwork, images, still footage, moving footage, film, audio visual, video digital items (image, footage clip or design file) and any other media items available to be accessed through this FG DMH (and includes any digital images created from Assets).
- “Fife Golf Partnership” means a private limited company whose registered office is at Pentland House, Pentland Park, Glenrothes, Scotland,KY6 2AH.
THE FIFE GOLF DIGITAL MEDIA HUB SUBSCRIPTION (the ‘Agreement’)
BETWEEN: Fife Golf Partnership of Pentland House, Pentland Gardens, Glenrothes, Scotland, KY6 2AH
AND YOU (the person or entity allowed registered access to this FG DMH and the employer or principal of any such person.)
IN CONSIDERATION OF Us providing the FG DMH You and You paying Us the Purchase Price, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follow:
Digital Assets
- We own and are providing You the digital assets described above (the ‘Assets’): FG DMH.
Subscription
2. The Digital Assets are the property of Us and are copyrighted by law. The Digital Assets shall not be copied, published or used in any way except as provided for in this Agreement. You reserve the right to use the Digital Assets on Your website and for Your own marketing or advertising purposes.
Permitted Use
3. You shall only use the Assets in accordance with this Agreement.
4. You may use the Assets for the duration of the Subscription Term (1 year) for the following commercial purpose (the ‘Permitted Use’): To promote Fife, Scotland as a golf tourism destination.
5. You may share the Assets to Your social media platforms so long as the Assets are unaltered and include a direct link to Our website or credit to Us.
Restrictions on Use
6. You shall not resell, sub-licence or redistribute the Assets except as provided for in this Agreement.
7. You shall not use the Assets in a commercial manner to earn money, for marketing or advertising purposes, or in a trade mark, except as provided for this Agreement.
8. You shall not use the Assets in an obscene, defamatory or immoral way.
9. You shall not use and shall not be allowed to use, the Assets for any purpose prohibited by the laws of Scotland.
10. You shall not allow others to use the Assets and shall not use the Assets in any way that allows others to download or redistribute the Assets except in accordance with this Agreement.
Price
11. You will pay £120 (the ‘Purchase Price’), for the Permitted User of the Assets, paid by internet money transfer on or before the Contract Start Date.
Warranties
12. We warrant that You are entitled to grant the use of the Assets as described in this Agreement, and that this Agreement does not infringe the rights of third parties.
13. As provided in the Consumer Rights Act 2015, We warrant that the quality of the Assets are satisfactory; the Assets are reasonably fit for its Permitted Use; and the Assets shall match any description provided by the Us to the You. A breach of this clause will result in the You being entitled to the immediate replacement of the Asset, a full or partial refund of the Purchase Price, or a price reduction, as appropriate. It shall be the option of Us whether to replace the Digital Image, to refund an amount paid, or to reduce the Purchase Price.
Liability & Indemnity
14. We will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from Your use of the Assets.
15. You agree to defend, indemnify and hold harmless Us and Our officers, employees, agent and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorised use of the Assets by You, or Your officers, employees, agents or suppliers, or You breach of this agreement.
Expiry or Termination
16. This Agreement will continue indefinitely according to the renewal terms set out in this agreement unless one of the Parties decides not to renew the Agreement or it is otherwise terminated for any reasons set out below.
17. If one of the Parties decides not to renew the Agreement, the Party is to provide written notice not to renew to the other Party at least 14 days before the renewal date.
18. This Agreement shall terminate immediately upon failure of You to comply with the terms and conditions herein.
19. We reserve the right to cancel this Agreement immediately:
20. if You fail to make a payment when due; or in the event of You becoming insolvent or bankrupt.
21. We reserve the right to discontinue the subscription and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to Your unauthorised use of the Assets.
Upon expiry or termination of this Agreement, You shall discontinue the use of the Assets, and shall destroy all copies and archives of the Assets.
Intellectual Property Rights
22. We retain all intellectual property rights in the Assets, including the sole copyright to the Assets. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Our intellectual property rights or affect ownership by You of intellectual property rights with regard to the Assets.
23. Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of the copyright laws of Scotland or international copyright agreements.
24. You shall not falsely represent that they are the original creator of the Assets.
Export Laws
25. In order to purchase a license for the FG DMH, You must be in compliance with applicable export laws.
26. You shall not ship, transfer or export the Assets to any country in a manner prohibited by the laws of Scotland or use it in any manner prohibited by the laws of Scotland.
Severability
27. If there is a conflict between any provision of this Agreement and the applicable legislation of Scotland (the ‘Act’), the Act will prevail and such provisions that are required by the Act are incorporated into this Agreement.
28. If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
Governing Law
29. This Agreement will be governed by and construed in accordance with the laws of Scotland, without regard to the jurisdiction in which any action may be instituted. You agree to submit to the jurisdiction of the courts of Scotland to bring any action or for the enforcement of this Agreement. Notwithstanding, We reserve the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
Assignment
30. You may not assign or transfer the Agreement or any rights granted within without prior written consent of Us, and any attempted assignment or delegation without such consent will be void.
31. The Agreement will inure to the benefit and be binding upon Us and You and Your respective successors and assigns.
Agreement of Parties
32. This Agreement constitutes the entire agreement between the Us and You with respect to the subject matter hereof and there no further items or provisions, either oral or otherwise.
33. The provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both Parties.
General Provisions
34. Headings are inserted for convenience only and are not considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
35. All monetary amounts in this Agreement refer to the pound sterling (GBP), and all payments required to be paid under this Agreement will be paid in GBP unless the Parties agree otherwise in writing.
Registration and Data
36. By registering on the FG DMH, and agreeing to these Terms and Conditions, You agree to provide accurate and current information (which We may use to verify Your identity when You use this FG DMH), that You have the authority to agree these Terms and Conditions on behalf of Your organisation and that You will keep all registration and account information up to date. You accept all responsibility for all activity under Your registration and account. You must keep Your password confidential and not disclose it to any third party. You agree to indemnify Us against any claims arising out of Your failure to keep Your password and account details confidential.
37. Any personal data that You supply will be kept on a database for the purpose of allowing us to verify Your identity when You use this FG DMH in accordance with any law, statute, directive, regulation or other binding restriction which relates to the protection of individuals with regards to the processing of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection) (“GDPR”) and the Data Protection Act 2018.
