Terms and Conditions of Use and Sale
Acceptance
Welcome to MacAvon Media. MacAvon Media provides its services and downloads to you subject to the following Terms and Conditions of Use and Sale. If you visit macavonmedia.com and/or download files from this site, whether paid-for or for free, you accept these terms and conditions. Please read them carefully.
Customers’ Conduct
You agree not to use this Web site for any unlawful purpose or in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way.
Alteration of Service or Amendments to the Conditions
MacAvon Media reserves the right to make changes to this Web site, policies, and these Terms and Conditions of Use and Sale at any time. MacAvon Media may vary, without any liability, the content of the site, including terms, prices, descriptions or other material at any time.
Every visitor to this site will be subject to the policies and conditions in force at the time that they use the Web site or buy downloads from this site, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Customers’ Accounts and Lecturers’ Accounts
In order to be eligible to download files from the MacAvon Media Web site, whether those files are paid-for or free, you must create a personal account with MacAvon Media by providing a valid email address and a secure password.
Lecturers’ Accounts are only available to bona fide college lecturers and instructors and all Lecturers’ Accounts will be validated by MacAvon Media before they can be activated. To open and operate a Lecturer’s Account you must supply your college email address together with your true name and accurate details of your institution, department and course(s). If your details and position cannot be verified through reference to a current college Web page, you must supply a photograph or scan of your college ID card in order for your application for a Lecturer’s Account to be accepted. MacAvon Media reserves the right to refuse any application for a Lecturer’s Account and will refuse all applications for Lecturers’ Accounts which are not made by bona fide college lecturers or instructors.
When you open an account you explicitly agree to be bound by these Terms and Conditions of Use and Sale.
Your account is for your own personal use only and you must not share your account, its facilities or any downloads obtained through your account with any other person.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. By opening an account on this site you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform MacAvon Media immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Suspension of Accounts
MacAvon Media reserves the right to suspend any customer’s account or Lecturer’s Account at any time without notice if we have reason to believe that that customer or lecturer is in serious breach of these Terms and Conditions of Use and Sale, and in particular in the case of any breach of copyright, authors’ rights, piracy of any kind, or in the case of unauthorised use of the account with the customer’s knowledge.
Prices
All prices quoted on the MacAvon Media Web site are in British Pounds Sterling. Customers are advised always to check the current value of prices in their local currency before purchasing, as currency exchange rates can vary considerably over time. MacAvon Media accepts no responsibility for variation in prices to international customers which occur as a result of fluctuating exchange rates. The actual price paid in local currency by customers outside the United Kingdom are determined by conditions beyond our control. MacAvon Media may alter the price for any item at any time without notice.
Payment
Payment must be made in advance of downloading any file offered for sale. Payment can only be made via PayPal, who provide a secure payment service for payment by Bank debit card, credit card or PayPal Account. MacAvon Media is not liable for any problems encountered on the PayPal site or while using the PayPal service. Payment for a downloadable file automatically entitles the customer to download that file up to 10 (ten) times. Further downloads of the same file may be enabled at our discretion but will require you to contact us with an explanation of why additional downloads are necessary.
Cancellation and Returns
Digital downloads cannot be returned and refunds cannot be issued for purchases of digital downloads. A “cooling off” period as defined by law for distance selling of physical goods does not apply to digital downloads. All purchases of digital downloads are therefore final. It is your responsibility to ensure that you wish to purchase before proceeding to make payment.
Delivery
All digital downloads are delivered from this Web site over the internet. It is your responsibility to download the file which you have bought. MacAvon Media will make all downloadable files for sale available for download from this site and will display each customer’s downloadable files under “Downloads” in that customer’s personal account.
Non-delivery
In the event that you are unable to download a file which you have purchased or which you are eligible to download for free owing to an error or omission on the part of MacAvon Media, we will ensure that the file is supplied to you, if necessary by some alternative means.
Network Access and Web Site Availability
MacAvon Media are not liable for any problems a customer may experience with Internet access or speed of connection to the Internet while downloading a file.
MacAvon Media will endeavour to ensure that availability of this Web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, customers’ access to this Web site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. MacAvon Media will attempt to limit the frequency and duration of any such suspension or restriction so far as possible.
Copyright, Authors’ Rights and Customer’s Agreement
All content included on and made available through this Web site, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads and software, is the property of MacAvon Media and is protected by UK and international copyright and authors’ rights laws.
You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use MacAvon Media content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any MacAvon Media content except for your own personal, non-commercial use. Any other use of MacAvon Media content, whether displayed on this site or downloaded from it, requires the prior written permission of MacAvon Media.
Disclaimer of Warranties and Limitation of Liability
This Web site is provided by MacAvon Media on an “as is” and “as available” basis. MacAvon Media makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, or materials included on this site or available as downloads from this site. You expressly agree that your use of this site is at your sole risk. MacAvon Media reserves the right to withdraw or delete any information from this site at any time in its discretion.
To the full extent permissible by applicable law, MacAvon Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MacAvon Media does not warrant that this site, its servers, or e-mail sent from MacAvon are free of viruses or other harmful components. MacAvon Media will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Third-Party Web Sites
MacAvon Media are not responsible for and cannot be held liable for the content of any third-party Web sites linked to from this site or for any problems which may be associated with your use of such sites.
Force Majeure
MacAvon Media will not be liable or be deemed to be in breach of the contract of sale for any delay in performing, or any failure to perform, any of MacAvon Media’s obligations in relation to your access to this site, your access to your account or the availability or delivery of the downloads available from this site if the delay or failure was due to any reason beyond MacAvon Media’s reasonable control.
Exclusivity
MacAvon Media’s Terms and Conditions of Use and Sale shall apply to the exclusion of any other terms and conditions, unless an alternative agreement is made in writing and signed by a representative of MacAvon Media and the customer.
Jurisdiction
Any contract formed under these Terms and Conditions of Use and Sale shall be construed and enforced in accordance with Scottish Law in the Courts of Scotland (UK).
Business Details and Address
MacAvon Media is a business partnership and is based at the following business address:
Achnaha House
Kilchoan
Acharacle
PH36 4LW
Scotland
All correspondence in writing should be sent to this address.