Terms of Use

About the Terms of Use
Acceptable Use
Intellectual Property
Contributions
Bandwidth
Liability
Indemnity
Breaches of Terms of Use
Restricted Access
Assignment
Severability
Exclusion
Failure or Delay
Jurisdiction
Complete Agreement

About the Terms of Use:

  • Access to and use of thistlegames.com both in the UK and internationally, is on the following Terms of Use, (“agreement” or “Terms of Use”), which form an agreement that sets out the legally binding Terms of Use for the various websites and content that we own and operate, and any other features, further content or applications that we may offer.
  • By using thistlegames.com you agree to accept these Terms of Use, which take immediate effect upon on your first use of thistlegames.com. If you do not agree to be bound by all of the following Terms of Use please do not access or use thistlegames.com in any way.
  • The web site and related content are only available to individuals who are at least 13 years of age. As an individual, you represent and warrant that you are of legal age to form a binding contract, that you are at least 13 years old and that any registration data or other data submitted to the web site is accurate and truthful.
  • These Terms of Use may change, so you should check these Terms of Use regularly. Any continued use of thistlegames.com will be considered as constituting an acceptance of the altered Terms of Use. If you do not agree to the changes – stop using this website!

Acceptable Use

  • You agree to use thistlegames.com solely for lawful purposes, and not to disrupt anyone else’s use of thistlegames.com.
  • It is unacceptable to use thistlegames.com to participate in disruptive behaviour including harassing, impersonating, threatening, distressing or inconveniencing any person, or to transmit any obscene, profane or offensive content.
  • You agree that you must not use thistlegames.com to link to, copy, store, transmit, host or distribute any form of malicious computer software, including, without limitation, a computer virus, spyware, a trojan, a worm, a rootkit or a keylogger.
  • You agree that you must not use automatic or systematic data collection, including, without limitation, data mining, data extraction, data harvesting and scraping on or in respect of thistlegames.com.

Intellectual Property

  • All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on thistlegames.com, all content found on the site shall remain the property of Thistle Games/ D Morrison.
  • You may view, download solely for caching purposes and print pages from thistlegames.com Graphics Pack for your own personal use.
  • You do not have permission to copy, reproduce, republish, sell, rent or sub-license Thistle Games’ content in any way except for your own personal, non-commercial use.
  • You do not have permission to broadcast, transmit, download, post, make available to the public, or otherwise use Thistle Games’ content in any way except for your own personal, non-commercial use.
  • You do not have permission to adapt, alter or create a derivative work from any of Thistle Games’ content except for your own personal, non-commercial use.
  • Any other use of Thistle Games’ and/ or thistlegames.com’s content requires the prior written permission of J Temple or D Morrison.
  • The names, images, symbols and logos identifying Thistle Games and thistlegames.com or third parties and their products and services are subject to copyright, design rights and trademarks held by J Temple, D Morrison and/ or third parties.
  • Nothing contained in these Terms of Use shall be interpreted or understood as conferring any licence or right to use any trademark, design right, trade secret, patent, right of publicity or copyright held by J Temple, D Morrison or any other third party.

Contributions

  • Sharing any contribution (including any scripts, forum postings, text, photographs, graphics, video or audio) with Thistle Games and/ or thistlegames.com means granting to Thistle Games without charge, permission to use the material in any way it wishes (including modifying and adapting it) for use in any media worldwide. Thistle Games may also share your contribution with trusted third parties.
  • Copyright in your contribution stays with you and this permission is not exclusive, so you can continue to use your own material in any way including allowing others to use it.
  • To allow Thistle Games and thistlegames.com to use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws. You also confirm that you have the right to give Thistle Games and thistlegames.com permission to use your contribution for the purposes detailed above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent, carer or guardian if they are under 16.
  • If you would rather not grant the permission set out in the aforementioned Terms of Use, please do not submit or share your contribution with Thistle Games and/ or thistlegames.com.
  • Do not take any risks or break any laws to create content you may share with Thistle Games and/ or thistlegames.com.
  • Contributors’ views are their own and unless clearly stated are not those of Thistle Games, thistlegames.com or Thistle Games’ owners. We cannot be held responsible for any content posted by members of the public on thistlegames.com, or for the availability or content of any third party sites that are accessible through thistlegames.com. Links to third party websites from thistlegames.com do not amount to any approval or recommendation of that site by Thistle Games and thistlegames.com; and any use of that site by you is at your own risk.

Bandwidth

  • We cannot permit deep-linking to or mirroring of any of the content available on thistlegames.com.

Liability

  • thistlegames.com content, including all text, scripts, forum postings, names, images, pictures, symbols, graphics and icons regarding or relating to thistlegames.com, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis.
  • To the extent permitted by law, Thistle Games and thistlegames.com exclude all representations and warranties (whether express or implied by law), including implied warranties concerning adequacy, satisfactory quality, fitness for a given purpose, non-infringement, compatibility, security, reliability and accuracy.
  • We cannot guarantee the currency, completeness or performance of the website or any of the content. We try to ensure that all content provided by Thistle Games and thistlegames.com is correct at the time of publication but no responsibility is accepted by or on behalf of Thistle Games or thistlegames.com for any faults or mistakes on the website.
  • Thistle Games and thistlegames.com shall not be liable for any of the following losses or damage, (whether such damage or losses were foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of thistlegames.com regardless of the form of action.
  • We will not be liable for any loss or damage resulting from any event/ s outwith our reasonable control.
  • Thistle Games‘ and thistlegames.com’s maximum liability in relation to any event/ s is limited to £1.
  • We do not warrant that services available on thistlegames.com will be uninterrupted or free of error, that defects will be corrected, or that thistlegames.com or the server/ s that make content accessible are free of malicious software or bugs. You confirm that it is your responsibility to take adequate steps (including anti-virus, spyware and other security checks) to protect against security risks.

Indemnity

  • You indemnify us and agree to keep us indemnified against any losses, damages, costs, liabilities and expenses, including legal expenses, incurred or suffered by us through any breach you may make of these Terms of Use and any claim that you have breached any provision within these Terms of Use.

Breaches of Terms of Use

  • Without prejudicing our other rights under these Terms of Use, in the event of any breach of these Terms of Use we can take such action/ s as we consider appropriate to deal with the breach. Appropriate steps may include suspending your access to the website, denying you access to the website, blocking computers using your IP to gain access to the website, contacting your ISP and/ or taking legal action against you.

Restricted Access

  • Access to particular areas of thistlegames.com may be restricted. We retain the right to restrict access to any or all areas of thistlegames.com at our sole discretion.
  • In the event that we issue any user id or password that allows access to restricted areas, you agree to keep both the user id and the password confidential. Any such user id or password may be disabled at our sole discretion.

Assignment

  • We can transfer, license, sub-contract or deal with our rights and/ or obligations under these Terms of Use without informing you or gaining your consent. You cannot transfer, license, sub-contract or deal with your rights/ obligations under these Terms of Use.

Severability

  • If any of these Terms of Use are determined to be illegal, invalid or unenforceable, because of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall persist and continue to be binding and enforceable.

Exclusion

  • The Terms of Use presented here are for the protection and benefit of you and us. They are not intended to benefit any third party and exercising your and our rights in relation to these Terms of Use does not require the consent of any third party.

Failure or Delay

  • Any failure or delay of Thistle Games and/ or thistlegames.com to exercise or enforce any right in these Terms of Use does not waive Thistle Games’ and/ or thistlegames.com’s right to enforce that right.

Jurisdiction

  • These Terms of Use shall be governed by and interpreted in accordance with the laws of Scotland, which shall have jurisdiction over any disputes. Though we retain the right to initiate proceedings in any other court offering a competent jurisdiction.

Complete Agreement

  • The Terms of Use shown here and, the terms of our Privacy Policy, constitute the complete agreement between you and us concerning your use of Thistle Games and/ or thistlegames.com.