Terms & Conditions

These are the standard terms of Dundee City Council, the local authority for the said area under the Local Government etc. (Scotland) Act 1994, which cover the use of the Dundee.com website. Please read these terms carefully, they set out the basis on which you are allowed to use this website, the information contained within it and the Dundee.com website services. They protect you as a User of the website and prevent the website from being used for any illegal or offensive purposes. By browsing this website or by creating your profile with Dundee.com you agree to be bound by these terms in respect of the matters described in the terms. Dundee.com may amend these terms of use any time by giving notice as described in the terms.

1 Definitions:

"Account" means a password-protected personalised login to the Site providing Content specific to you;

"Content" means any information on the Site including without limitation text, photographs or other images;

"Membership" means the status of having an Profile registered with the Site;

"Member" means a User of the Site.

"We" or "Us" means Dundee.com or any person or organisation involved in any part of the design, development, response-handling, marketing, promotion or other similar aspects of the Site;

"Site" means the Dundee.com website and other sites directly related to Dundee.com and each page of such websites from time to time;

"User" refers to any person viewing or interacting with this Site, including "you", whether Member or or not

2 Terms:

2.1 BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DISCONNECT FROM THIS SITE AND DO NOT USE THIS SITE FURTHER. THE ACCOUNT OF USERS CONTRAVENING THESE TERMS MAY BE DELETED WITHOUT NOTICE OR QUESTION.

3 Summary:

3.1 Content, opinions, advice, statements, offers, or other information or other Content made available through this Site are those of their respective authors and not of Dundee.com and should not necessarily be relied upon. Such authors are solely responsible for such Content. Dundee.com does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Dundee.com be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on this Site or transmitted to Users.

3.2 We may restrict some content based on your age. Misrepresenting your age may violate laws by which you are bound.

3.3 Dundee.com reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.

4 Site Contents:

4.1 The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. No responsibility can be assumed for unsolicited materials and submission is construed as permission to publish without further correspondence.

4.2 The Content made available in this Site, including materials in linked Sites directly or indirectly accessible from this Site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Dundee.com does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at sole discretion.

4.3 The images, video, audio and file downloads featured on Dundee.com are the property and responsibility of the sender and may not be reproduced on any Site other than Dundee.com without the permission of the person concerned. By submitting images, video, audio or files to Dundee.com, you grant Dundee.com permission to use the content, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Dundee.com.

4.4 You agree to be bound by the Guidelines on Content section of this Site and to comply with warnings procedure if you are asked to modify your profile.

5 Site links:

5.1 The materials that can be accessed from linked Sites are not maintained or monitored by Dundee.com and Dundee.com is not responsible for the Contents thereof. Any reference to a linked Site or any specific third party product or service by name does not constitute or imply its endorsement by Dundee.com, and you assume all risk with respect to its use.

6 Conduct of Users:

6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all Content that you publish or post to this Site or transmit to other Users of this Site.

6.2 You agree that by interacting with this Site or providing Content to Dundee.com that you are granting Dundee.com permission to use that material on this Site.

6.3 You agree that you will not publish, post or transmit on this Site material that could be deemed offensive or abusive in tone, inaccurate, obscene, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or may be deemed in any way anti-social or damaging towards Dundee.com, its staff or its Members. This includes, but is not limited to: the posting of messages to other Users, whether in public areas; your choice of public name or Dundee.com id; and your basic entry and your profile.

6.4 You agree not to post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

6.5 You agree not to make false claims about the authenticity of photographs. Particularly, any photograph of a person that is posted for inclusion with your basic information must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public internet Site.

6.6 You agree not to include in public Content on this Site any telephone numbers, street addresses, email addresses and, in any Content on this Site, offensive anatomical or sexual references, or offensive language, and you will not post any photograph containing obscene nudity or personal information. You also agree that your profile summary and related photo captions will not include the address of an internet Site. Your personal homepage link must point only to a Site to which you have full file transfer access. Dundee.com reserves the right, but has no obligation, to reject any text or photograph that does not comply with these prohibitions.

6.7 You agree to use this Site in a manner consistent with all applicable laws and regulations. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this Site, except as expressly permitted by the respective owners thereof. All trademarks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorized use thereof is strictly prohibited.

6.8 You agree not to engage in advertising to, or solicitation of, other Users to buy or sell any products or services through this Site. You agree not to use this Site for commercial purposes, recruitment, business advertising, escort services or other purposes that may be construed as commercial or non-personal.

6.9 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Dundee.com or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.

6.10 Dundee.com has the absolute right to modify or delete any or all information relating to and accessible by a User, including deletion or restriction of that User's Account, without prior notice or reason. In cases of dispute, the decision of Dundee City council shall be final.

7 Marketing and Publicity:

7.1 Dundee.com may from time to time obtain publicity for this Site in the market's press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that Dundee.com may authorise screenshots or quotations or other publicly accessible material from this Site to be used in such publicity that may feature your Dundee.com Content, including profile and/or photograph.

7.2 You agree to release all rights concerning such material as referenced above to Dundee.com and agree that your Content may be used for such purposes. Dundee.com agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Dundee.com will endeavour to do this prior to any deadline for which the screenshot may be required.

8 Disclaimer of Warranty and Limitation of Liability:

8.1 Under no circumstances shall Dundee.com, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, delict, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked Site, even if Dundee.com is advised of the possibility thereof, nor for any claim by a third party.

8.2 Dundee.com hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or Content of information, products, or services, or any warranties of merchantability or fitness for a particular purpose.

8.3 Dundee.com shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

9 Indemnity:

9.1 You agree to defend, indemnify, and hold harmless Dundee.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of any User's use of this Site, including any breach by any User of the terms of this agreement.

10 Severability:

10.1 In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.

11 Notice:

11.1 The terms of use shall be governed in accordance with the laws of Scotland. The terms and conditions of this agreement are subject to change by Dundee.com at any time on a prospective basis upon notice to Users. Any User's use of this Site following such notice shall indicate the User's acceptance of the new terms and conditions. Dundee.com may provide notice to Users by email or by a general posting (indicated by the word "Notice") on the 'home' page of this Site.

12 Personal data protection:

12.1 Any text-based Content submitted to this Site and copyright in it will become the property of Dundee.com. You should not continue if you do not want your details to be stored on Dundee.com. Personal data provided by you will be retained by Dundee.com. Dundee.com undertakes not to provide this information to third parties for marketing purposes.

12.2 You must not reproduce in any form whatsoever, whether electronic or otherwise, any text-based Content posted to this Site. This includes, but is not limited to, the transcripts of private messages, the Content of public discussion groups, results and comments from opinion polls, and Member profiles.

12.3 Facebook 'apps' work by loading content for a company's web server (i.e. www.dundee.com) and allowing that server access to information about a user provided the user has authorised the relevant permissions. Therefore we store the information you allow us to on our web server (www.dundee.com) We only use that information for the purposes listed below.

12.3.1 We use your facebook id to create a unique user on our system. This allows us to record whether you are a competition winner or record your application preferences or favourites. We record your basic information (i.e. your name) in order address you by name with in the app or during any contact we have with you.

12.3.2 We use your email address to contact you if you are a competition winner or email is used as part of the application mechanic (i.e. email reminders). We do not send you any other email and we do not add your email address to any mailing list. We would only contact you at your email address if we had obtained this information from somewhere else (i.e. a sign up form on our website which you completed).

12.3.3 We use the post to wall permission to add a pregenerated message to your wall to say you have used our app or your friends' wall to invite them to use the app.

12.3.4 We use your friends list to present a list of friends to invite. We do not invite anyone until you select them and send the invite.

13 Copyrights and trademarks:

13.1 Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission. Except as expressly provided herein, Dundee.com does not grant any express or implied right to you under any patents, copyrights or trademarks.

GUIDELINES ON CONTENT

No list can ever be exhaustive in covering everything that we may consider to be inappropriate conduct for someone using our services. In using Dundee.com, we ask that you are civil and act responsibly, maturely and with respect for others.

The following list shows some examples of inappropriate conduct:

• Disruptive, abusive or purposefully offensive behaviour: you should be constructive and polite, not mean-spirited.
• Personal attacks: disagreements with an opinion, even if you find it offensive, should not become personal attacks on the Member expressing that opinion.
• Insults and name-calling: whether you do this using very basic coarse language or you try to be more clever about it by using sophisticated sentence structures and language, the end result is the same.
• Humiliating people or baiting people into anger or into making a hostile response: you should never seek to cause trouble or harm to others.
• Starting fights or perpetuating personal feuds: take your disagreements and feuds away from Dundee.com.
• Persistently negative behaviour, facetious taunts and mockery: over time we can identify patterns of destructive, unnecessarily harsh or deflating responses that are not appropriate to the subject matter. Such continuing negativity, against either other Members or indeed Dundee.com or our team, has a long-term effect of sabotage and may damage the reputation and goodwill of Dundee.com and its Members.
• Contributing to a topic where you have nothing positive or constructive to add and nothing useful to say: this is inappropriate where the subject of a discussion or a posting is benign or neutral or where positive and constructive input is being actively sought.
• 'Trolling' and 'flaming': the acts of sending or posting messages that are deliberately hostile, insulting or posted simply as an attention-seeking mechanism. 'Trolls' often don't know how to interact socially very well and so use the technique of flaming to garner attention for their postings. The advice is simple: do not feed the trolls—ignore their 'flames' and their postings, removing the oxygen of publicity.
• Spamming and excessive 'bumping': you shouldn't send the same or very similar messages to many hundreds of Members, nor post the same or very similar contributions to the forums many times. Don't re-submit your posting to more than one forum discussion topic and don't keep resurrecting quiet topics every few hours.
• Illegal or highly objectionable postings: libel, slander, contempt of Court, harrassing, defamatory, threatening, incitement to hate, racially offensive or other such objectionable material is not acceptable.
• Linking to offensive or objectionable material posted out of context or without warning: if content on a linked site is not 'work safe' you should mention this before posting the link.
• Posting of private message exchanges, emails or other private and personal communications or information (such as full names, addresses and telephone numbers) without the written permission of all involved: this includes discussions between you and team.
• Using 'name and shame' tactics: do not make postings that seek to name and shame other Members of Dundee.com for any purpose that may be considered derogatory, including suggesting that profiles or photographs are fake. You should notify the team instead.
• Inappropriate postings on Support topics, including posting anonymously without a clear support-related reason: messages must be posted for a support-related reason or relate directly to the topic under discussion. We're very strict in ensuring the integrity of our Support areas.
• Threats of suicide or self-harm: we cannot allow such postings to be made through our services. We always recommend you contact professional support organisations or seek suitable help if you are considering suicide or you have suicidal thoughts. Contact info is available in our Support areas.
• Posting spoilers without warning: do not post material which contains plot developments for films, theatre or TV series without clear notice. Remember that topic titles are broadcast even when a topic is in a forum specifically for spoilers.
• Commercial advertising: if you are the provider of services or products, do not post content that seeks to promote those services or products. We enable Members to choose the type of advertising they wish to see and so it's important that you don't bypass these mechanisms.
• Explicitly soliciting for sex or uploading photographs that are sexually explicit or which contain nudity. Using multiple profiles for any purpose whatsoever: the use of multiple profiles usually leads to the termination of all profiles and any Membership.
• Retaliating or responding to inappropriate conduct with your own: don't fuel fights as public retaliation only leads to further anti-social behaviour. In giving anti-social people an audience you do little but perpetuate the problem. You may also find that your own Membership is terminated along with the person that started the fight, so don't get drawn in.
• Refusing to follow the instructions or directions of the Dundee.com team when we feel you are acting inappropriately.
• Encouraging others to act in a way that's contrary to our House Rules.