Terms & Conditions

Terms and Conditions of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with any of these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 When registering with our website, submitting any material to our website or using any of our website services, you will be asked to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms set out in our privacy policy and cookie policy.

2. Copyright Notice

2.1 Copyright (c) [2023] [Optimistic Outlook].

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to Use Website

3.1 You may view pages from our website in a web browser, download pages from our website for caching in a web browser, print pages from our website, stream audio and video files from our website, and use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section

3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4. Acceptable Use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website 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;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not republish material from our website (including republication on another website), sell, rent or sub-license material from our website, show any material from our website in public, exploit material from our website for a commercial purpose or redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website at our discretion; you must not circumvent or bypass any access restriction measures on our website nor attempt to do so.

4. Acceptable use

4.1 You must not:

(a) Use our website in any way that could damage it, or decrease its performance, availability, and accessibility;

(b) Use our website for any unlawful, illegal, fraudulent, or harmful activities;

(c) Utilize our website to copy, store, host, transmit, send, use, publish or distribute any material that contains spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;

(d) Carry out any systematic or automated data collection activities - including scraping data mining data extraction and data harvesting - on our website without obtaining prior written consent from us.

(e) Accessing or otherwise interacting with our website using any robot, spider, or other automated means is prohibited, unless it is solely for the purpose of search engine indexing.

(f) Violation of the directives set out in the robots.txt file for our website is strictly forbidden.

(g) Data collected from our website must not be used for any direct marketing activities, such as email marketing, SMS marketing, telemarketing, and direct mailing.

4.2 It is prohibited to contact individuals, companies or other persons or entities using data collected from our website.

4.3 All information supplied to us through our website, or in relation to our website, must be true, accurate, current, complete and non-misleading.

5. Affiliate links

5.1 Our website includes links to third-party merchant websites supplying goods and/or services.

5.2 We may earn affiliate fees from a merchant if you click on that merchant's link on our website and subsequently make a purchase on the merchant's website.

5.3 You acknowledge that:

(a) we do not vet third-party merchants;

(b) we do not check, audit, monitor or control: the identity, creditworthiness or bona fides of third-party merchants;

the security of third-party merchant websites; or the accuracy of the information published on third-party merchant websites;

(c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a third-party merchant; and

(d) our website contains information supplied by third-party merchants, and we do not check, audit or monitor the accuracy of that information.

Accordingly, we will not be liable to you in relation to any loss or damage arising out of any use of a third-party merchant website, any information supplied by a third-party merchant, any offer made by a third-party merchant, or any contract with a third-party merchant.

5.4 We are not responsible for enforcing any obligations that arise from a contract between you and a third party, and we will not mediate between the parties involved in such contracts.

5.5 These provisions in Section 5 are subject to Section 11.1.

6. Digital Products

6.1 Advertising digital products on our website is considered an "invitation to treat" and not a contractual offer.

6.2 Prices on our website may be quoted incorrectly. Therefore, we will verify prices during our sale procedures to ensure the correct price is communicated to you before the contract is formed.

6.3 Unless otherwise stated, these terms and conditions do not govern the sale, purchase, or licensing of our digital products or any other matters related to them. The sale and purchase of digital products through our website and the licensing of those products will be subject to our digital product license. We will ask you to agree to the terms of that document each time you make a purchase on our website.

6.4 Any digital product reviews that you submit for publication on our website will be subject to the terms outlined in Section 7 and 8.

7. Your Content: License

7.1 In these terms and conditions, "your content" refers to all works and materials (including, but not limited to, text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage, publication, processing, or transmission via our website.

7.2 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media, or to reproduce, store, and publish your content on and in relation to this website and any successor website, or to reproduce, store, and, with your specific consent, publish your content on and in relation to this website.

7.3 You grant us the right to sub-license the rights licensed under Section 7.2.

7.4 You grant us the right to bring an action for infringement of the rights licensed under Section 7.2.

7.5 You waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

7.6 You may edit your content to the extent permitted through the editing functionality provided on our website.

7.7 Without limiting our other rights under these terms and conditions, if you violate any provision of these terms and conditions or if we reasonably suspect that you have done so, we may delete, unpublish, or edit any or all of your content.

8. Your content: rules

8.1 You warrant and represent that your content will comply with these terms and conditions.

8.2 Your content must not be illegal or violate any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be defamatory or maliciously false;

(b) be inappropriate or offensive;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) violate any right of confidentiality, right of privacy or right under data protection legislation;

(e) provide negligent advice or contain any negligent statement;

(f) incite a crime, provide instructions for committing a crime or promote criminal activity;

(g) be in contempt of any court or violate any court order;

(h) violate any legislation against racial or religious hatred or discrimination;

(i) be blasphemy;

(j) violate official secrets legislation;

(k) violate any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) provide instructions or advice that, if acted upon, could cause harm or damage;

(p) be spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or

inflammatory; or

(r) cause annoyance, inconvenience or unnecessary anxiety to any person.

8.4 Your content must be appropriate, respectful, and in line with generally accepted standards of etiquette and behavior on the internet.

8.5 You must not use our website to link to any website or web page containing material that would violate the provisions of these terms and conditions if posted on our website.

8.6 You must not submit any material to our website that has been or is currently the subject of any legal proceedings or similar complaints.

Report Abuse

9.1 If you become aware of any illegal or violative material or activity on our website, please inform us.

9.2 You can report such material or activity by email or through our designated abuse reporting form.

10. Limited Warranties

10.1 We do not guarantee or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

10.2 We reserve the right to discontinue or change any or all of our website services, and to stop publishing our

website, at any time in our sole discretion without notice or explanation. Unless otherwise specified in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuation or alteration of any website services, or if we stop publishing the website.

10.3 To the maximum extent allowed by applicable law and subject to Section 11.1, we exclude all representations and warranties related to the subject matter of these terms and conditions, our website, and the use of our website.

11. Limitations and Exclusions of Liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury caused by negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability outlined in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or related to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except as expressly provided otherwise in these terms and conditions.

11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any kind.

11.4 We will not be liable for any losses resulting from events or circumstances beyond our reasonable control.

11.5 We will not be liable for any business losses, including, but not limited to, loss of or damage to profits, income,

revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

11.6 We will not be liable for any loss or corruption of any data, database, or software.

11.7 We will not be liable for any special, indirect, or consequential loss or damage.

11.8 You acknowledge that we have an interest in limiting the personal liability of our officers and employees, and in light of this, you agree not to bring any claim against our officers or employees personally for any losses you may suffer in connection with the website or these terms and conditions. This does not, however, limit or exclude the liability of the limited liability entity for the actions or omissions of our officers and employees.

12. Indemnification

12.1 You agree to indemnify and hold us harmless from any and all losses, damages, costs, liabilities, and expenses, including legal fees and settlements with third parties, incurred or suffered by us as a result of your use of our website or any violation of these terms and conditions by you.

13. Breaches of these terms and conditions

13.1 In the event of a breach of these terms and conditions by you or if we reasonably suspect a breach, we may take the following actions without prejudice to our other rights:

(a) Send you one or more formal warnings;

(b) Temporarily suspend your access to our website;

(d) Block computers using your IP address from accessing our website;

(e) Contact any or all of your internet service providers and request that they block your access to our website;

(f) Commence legal action against you, whether for breach of contract or otherwise; and/or

(g) Suspend or delete your account on our website.

13.2 Should we suspend, prohibit or block your access to our website or any part of it, you must not take any action to circumvent such suspension, prohibition or blocking (including, but not limited to, creating or using a different account).

14. Third-party websites

14.1 Our website may contain links to third-party websites, which are provided solely as a convenience to you.

14.2 We have no control over these third-party websites or their content and, subject to Section 11.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variation

15.1 We reserve the right to revise these terms and conditions from time to time.

15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15.3 If you have given your express agreement to these terms and conditions, we will seek your express agreement to any revision of these terms and conditions. If you do not give your express agreement to the revised terms and conditions within the time period specified by us, we will disable or delete your account on the website, and you must stop using the website.

16. Assignment

16.1 We reserve the right to assign, transfer, sub-contract, or otherwise deal with our rights and obligations under these terms and conditions without your consent.

16.2 You may not assign, transfer, sub-contract, or otherwise deal with any of your rights or obligations under these terms and conditions without our prior written consent.

Severability

17.1 If a provision of these terms and conditions is deemed unlawful or unenforceable by a court or other competent authority, the remaining provisions will remain in effect.

17.2 If a provision of these terms and conditions is deemed unlawful or unenforceable, it will be modified to the extent necessary to make it legal and enforceable. The modified provision will continue to have the same effect as the original provision.

18. Third party rights

18.1 These terms and conditions are for the benefit of both parties and are not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1 These terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us regarding the use of our website and supersede all previous agreements.

Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland.

20.2 Any disputes arising from these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of Scotland.

21. Our details

21.1 This website is owned and operated by Chris Forbes, 20 Hilton Avenue, Inverness, IV2 4TJ, United Kingdom.

21.2 You can contact us:

(a) by using the contact form on our website; or

(b) by email at ; support@optimistoutlook.com