Introduction

These Terms and Conditions (the “Terms”) apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Soda Tattoo, the owner of this website. Please read the Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you should stop using the Website immediately.

In these Terms, User or Users means any third party that accesses the Website and is not either (i) employed by Soda Tattoo and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Soda Tattoo and accessing the Website in connection with the provision of such services.

Intellectual Property and Acceptable Use

1. All content on the Website, unless expressly stated otherwise, is the property of Soda Tattoo. In these Terms, Content means any text, graphics, images, audio, video, logos, editorial content or portfolio material including flash designs.

2. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content on the Website without the written permission of Soda Tattoo.

Prohibited Use

3. You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner;

d. crawling or scraping to gather, view or access information;

e. removing or altering any copyright, trademark or other intellectual property.

Disputes

4. These Terms are governed by the laws of Scotland and the exclusive jurisdiction for any disputes will be that of Scottish Courts.

a. any disputes brought under these Terms must be resolved via arbitration.

b. arbitration must take place within the jurisdiction of Glasgow, Scotland.

c. all claims must be made by individuals acting on their own behalf and not as members of any class action.

d. all claims must be submitted in writing to Soda Tattoo, Unit 361, 227 Sauchiehall Street, Glasgow, G2 3EX.

e. this section applies to all users who accept these Terms. By accepting these Terms, parties expressly waive their right to other such remedies.

Availability of the Website and Disclaimers

5. Any online facilities, tools, services or information that Soda Tattoo makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Soda Tattoo is under no obligation to update information on the website.

6. Whilst Soda Tattoo uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and computers.

7. Soda Tattoo accepts no liability for any disruption or non-availability of the Website

8. Soda Tattoo reserves the right to alter, suspend or discontinue any part (or the whole) Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

9. Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

10. Soda Tattoo will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

11. To the maximum extent permitted by law, Soda Tattoo accepts no liability for the following:

a. any business losses such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

General

12. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

13. These Terms may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

14. These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

15. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

16. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

17. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

18. These Terms shall be governed and interpreted according to the law of Scotland and all disputes arising under the Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish Courts.