Wakefield Solicitors | Legal areas
Advertising Terms and Conditions:
1. Introduction, Incorporation and Interpretation
1.1. These terms are incorporated into each agreement entered into between the Customer and LocalWebAdverts relating to the supply of Advertising products whether or not the Customer Order Process or any other document to which the Customer agrees makes reference to these terms.
1.2. In this Contract:
“Advertising product” means the product (as described in the Advertising product Listing) actually specified on the Customer Order Process to be supplied by LocalWebAdverts;
“Advertising product Listing” means the description of LocalWebAdverts’s Advertising products and services as at the date of this Contract;
“Contract” means the contract of which the Customer Order Process forms part, to which these Terms and Conditions (“Terms”) apply;
“Customer” means the person identified as such on the Customer Order Process;
“Customer Content” means the Customer’s content created or supplied by the Customer for publication on the Advertising product.
“Customer Links” means any hyperlinks placed by the Customer in the Customer Content or otherwise on the Advertising product.
“Customer Order Process” means the process that the Customer will follow when purchasing an advertising product;
“Fees” means the set up fees and any service provision fees for the Advertising product as set out on the Customer Order Process;
“Third Party Provider” means the service provider on whose search results the Advertising product may appear
“LocalWebAdverts” means LocalWebAdverts Limited
2. Advertising products and Services provided
2.1. LocalWebAdverts shall permit the Customer to post the Customer Content on the Advertising product purchased for the relevant term and subject to the payment of Fees.
2.2. LocalWebAdverts shall develop the Advertising product in accordance with the Customer Content. The Customer shall provide the Customer Content to LocalWebAdverts in such format as LocalWebAdverts reasonably requires. By agreeing to a paid-for listing the customer is agreeing to be bound by the terms of the Contract. No conditions other than those set forth herein shall be binding on LocalWebAdverts unless: (i) specifically agreed to in writing by LocalWebAdverts. Save in respect of an exception under sub-clause 2.2. (i) and (ii) above, in case of any inconsistency between the Customer Order Process and these Advertising Terms, these Terms will prevail.
2.3. LocalWebAdverts will update the site with immediate effect when the customer submits or updates their business details.
2.4. Where appropriate, LocalWebAdverts agrees to submit the Advertising product to one or more search engines i.e.Third Party Providers as discussed with the Customer and if it does so the Customer agrees that LocalWebAdverts has no control over these search engines and as such cannot guarantee that the submission will be accepted or at what position in the search results the item will appear.
2.5. Except as otherwise expressly provided in the Customer Order Process, positioning of Advertising products is at the sole discretion of LocalWebAdverts or the Third Party Provider, and neither LocalWebAdverts nor the Third Party Provider will be prohibited from also carrying Advertising products for any product or business competitive to that of the Customer.
2.6. LocalWebAdverts cannot guarantee any delivery units i.e. impressions, clicks or leads of an Advertising Product or timescales for delivery with any such performance based Advertising product (refer to Advertising product Listing).
2.7. LocalWebAdverts and the Third Party Provider shall be responsible for the hosting operation and maintenance of the Advertising product and, although it shall use its reasonable endeavours to keep the Advertising product available on the Internet, LocalWebAdverts gives no guarantee as to continuing service availability.
2.8. Unless otherwise agreed in writing, any property or material supplied by or on behalf of the Customer in order for LocalWebAdverts to create the Advertising product will not be returned to the Customer.
2.9. The Customer accepts that LocalWebAdverts cannot ensure that the Advertising product in all respects is visible in all browsers and versions of these browsers. LocalWebAdverts shall use its reasonable endeavours to ensure that the Advertising product is visible in the most commonly used version of Internet Explorer.
2.10. The Customer accepts that any Advertising product purchased is subject to editorial review by LocalWebAdverts and any Third Party Provider. LocalWebAdverts also reserves the right, without liability, to reject, replace, omit, terminate or exclude any Advertising product, Customer Links or order for the same, for any reason at any time, with or without notice to the Customer, whether or not such Advertising product, link or order was previously acknowledged, accepted, or published. Notwithstanding this, LocalWebAdverts will use reasonable endeavours to fulfil the Customer’s requests.
2.11. Information concerning the Customer contained on the Advertising product will be derived from information provided by the Customer or the Customer’s website and it is therefore the Customer’s responsibility to ensure that the information is accurate by checking the Advertising product. LocalWebAdverts shall incur no liability for any errors in that information except those which were introduced by LocalWebAdverts and could not reasonably be checked by the Customer.
2.12. The customer acknowledges and accepts that their services and or products may be reviewed either favourably or unfavourably by third party consumers and that third party review activity does not constitute the view or opinion of LocalWebAdverts. The Customer accepts that LocalWebAdverts offers no editorial services for reviews and is not in a position to investigate every review but takes reasonable steps to prevent libellous or offensive materials from being posted online, although LocalWebAdverts reserves the right either to maintain or to remove reviews for any reason within its sole discretion.
2.13. The Customer accepts that LocalWebAdverts will remove positive reviews if they can be traced to the business owner (as of December 2007 ‘falsely representing oneself as a consumer’ is illegal under European Legislation).
2.14. The Customer accepts that LocalWebAdverts will generally only remove negative reviews on the basis of a breach of the ‘Terms and Conditions of Membership’ LocalWebAdverts reserves the right to apply its sole discretion in the matter.
3. Payment of the Fees
3.1. LocalWebAdverts Advertising products are subject to a minimum contract period which is based on the specific product chosen at the point of ordering, and, unless otherwise agreed, is subject to automatic periodic renewal. The customer has the right to cancel after the completion of the initial contract period only. This period is stipulated by the product type and contract document.
3.2. All payments made shall include value added tax at the prevailing rate.
3.3. LocalWebAdverts reserves the right to increase its service provision fees, on certain market controlled products only, at any time, subject to 30 days written notice.
3.4. The Customer shall pay all amounts due to LocalWebAdverts in full without any deduction or withholding and shall not assert any credit or set-off or counterclaim against LocalWebAdverts in order to justify the withholding of the whole or part of any such amount. If any Fees become overdue for payment LocalWebAdverts may claim interest, (both before and after judgment) at a daily rate of 4% above the Barclays Bank base rate on any outstanding amount until all Fees are received, together with the costs of recovering payment, including any incurred by a debt recovery agent.
3.5. The Customer shall not be entitled to withhold payment in whole or in part for any bookings of Advertising products accepted by LocalWebAdverts by reason of the fact that LocalWebAdverts is prevented from publishing (or continuing to publish) such Advertising product in total or in part by any court of competent jurisdiction or does not publish or ceases to publish such Advertising product in consequence of any actual or threatened legal proceedings or by order or request of any regulatory body or generally recognised industry or internet watchdog organisation or for any other valid reason. The Customer shall immediately on demand reimburse LocalWebAdverts with any costs incurred by LocalWebAdverts in connection with such legal or other proceedings.
4. Term, Renewals and Termination
4.1. The term of the Contract will be as set out during the Customer Order Process.
4.2. Except as expressly set out in the Customer Order Process, any renewal of the term of the Contract will be at LocalWebAdverts’s sole discretion. The Fees applicable to such renewal period (if any) are subject to change by LocalWebAdverts from time to time in its absolute discretion.
4.3. Either LocalWebAdverts or the Customer may terminate the Contract with immediate effect by giving notice to the other party if that other party is in breach of any of its obligations under this Contract and if, other than when the breach is a failure to pay Fees, where it is capable of remedy, the breach has continued unremedied for a period of seven days after the other party has given notice to the defaulting party specifying the breach and the steps required to remedy it.
4.4. The termination of the Contract (for any reason) shall; (i) be without prejudice to any other rights or remedies which LocalWebAdverts may be entitled to under the Contract or at law; (ii) not affect any accrued rights or liabilities which LocalWebAdverts may then have; and (iii) not affect the coming into or continuance in force of any provision of the Contract which is expressly or by implication intended to come into or continue in force after such termination.
5. Customer Content
5.1. The Customer shall provide the Customer Content to LocalWebAdverts either at the time of the order or by logging into the customer administration area of the LocalWebAdverts website. LocalWebAdverts shall use the Customer Content to create the Advertising product.
5.2. The Customer represents, warrants and undertakes that the Customer Content and any website linked to by the Customer Links (?Linked Content?) complies with the warranties and other provisions in Clause 7.
5.3. LocalWebAdverts reserves the right at any time without notice to remove any Customer Content (or Customer Links) from the Advertising product if it reasonably believes the Customer Content (or Linked Content) would or would be likely to put the Customer in breach of Clause 7 or any other provision of the Contract or would otherwise be detrimental to the interests or goodwill of LocalWebAdverts. Any such action shall be without prejudice to LocalWebAdverts’s other rights and remedies.
5.4. Any Customer Content which contains content of an unlawful or otherwise unacceptable nature (including but not limited to pornography or content depicting violence) may be reported to the appropriate authorities.
6. Limitation of Liability
6.1. Except as expressly provided in this Contract, LocalWebAdverts gives no warranty in relation to the provision of services under this Contract and all warranties, express or implied, are excluded.
6.2. LocalWebAdverts does not limit or exclude liability for death or personal injury caused by negligence.
6.3. Subject to clause 6.2, LocalWebAdverts’s entire liability to the Customer arising out of or in connection with the Contract, including without limitation breach of contract, misrepresentation (except where fraudulently made) and tort (including negligence), is limited to the amount of the Fees paid by the Customer under the Contract in the preceding 12 months.
6.4. Subject to clause 6.2 and notwithstanding the generality of this clause, LocalWebAdverts expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to the Contract between LocalWebAdverts and the Customer, whether arising from any failure to publish the Advertising product in accordance with the Customer Order Process in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if LocalWebAdverts has been advised as to the possibility of such damages.
6.5. In addition, without limiting the foregoing, LocalWebAdverts shall not be liable for any loss, damage or delay howsoever arising caused by events which are not reasonably foreseeable or by circumstances outside its reasonable control, including without limitation governmental action, natural disaster, insurrection, riot, explosion, failure of infrastructure or power suppliers, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, the failure of third parties to provide necessary or desirable services or other reasons which result in the prevention or delay of its performance under the Contract. LocalWebAdverts shall be excused from such performance to the extent of such prevention or delay.
6.6. Save as specified in this clause, LocalWebAdverts shall not be responsible for any error in the placement of, or failure to place, any Advertising product on LocalWebAdverts’s website or on that of a Third Party Provider. If LocalWebAdverts fails to publish any Advertising product or deliver the number of impressions or click-throughs provided for in the Customer Order Process or in the event of any other failure, technical or otherwise, of such Advertising product to appear as provided for in the Customer Order Process, LocalWebAdverts’s liability will be limited (at the option of LocalWebAdverts) to either: (i) publishing the Advertising product (or a replacement advertisement if provided by the Customer) on positions agreed in the Customer Order Process or as agreed with the Customer as soon as is reasonably practicable in the period following the period during which the Advertising product was scheduled to run and for such time as is necessary to generate a number of substitute impressions or clickthroughs of equivalent monetary value to the shortfall; or (ii) refunding to the Customer that proportion of the Fees paid which relate to those Advertising products, impressions or clickthroughs which were not published or delivered or, if the relevant Fees were not paid by the Customer, agreeing that such amounts will not be due or payable. LocalWebAdverts will only provide a refund to the Customer under sub-clause 6.6 (ii) if: (a) the creative materials provided by the Customer arrived within the time limits specified in the Customer Order Process; (b) the creative materials performed in accordance with LocalWebAdverts’s technical specifications; and (c) changes to media schedules were notified within the timeframe set out in the Customer Order Process.
6.7. LocalWebAdverts will use reasonable skill and care in performing its duties hereunder but subject thereto:-(i) LocalWebAdverts hereby excludes any warranty, express or implied, as to the performance, quality, accuracy or fitness for a particular purpose of LocalWebAdverts or of any of the contents of its website; (ii) LocalWebAdverts will not be liable for any losses or damages arising (whether in tort (including negligence), contract or otherwise) directly or indirectly as a result of use of the LocalWebAdverts website or in connection with Advertising products on LocalWebAdverts’s website including without limitation from any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to advertisements; (iii) LocalWebAdverts makes no warranty that the contents of LocalWebAdverts’s website are free from infection by viruses, worms or trojans or anything else that has contaminating or destructive properties; and (iv) certain links on LocalWebAdverts may lead to resources located on servers maintained by third parties over whom LocalWebAdverts has no control and LocalWebAdverts accepts no liability arising from access to or use of any material contained on those servers.
6.8. Each of the provisions of this clause 6 are to be construed separately and independently of the others, and if any provision of this clause 6 (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will notaffect the other provisions of this clause 6 (or any other clause herein) which will remain in full force and effect.
7. Licences, Customer Representations and Indemnification
7.1. The Customer warrants and represents that the Customer is the owner or is licensed to use the entire contents and subject matter contained in its advertising and information, including, without limitation, (i) the names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights; and (iii) any testimonials or endorsements contained in any Customer Content submitted to LocalWebAdverts.
7.2. In addition, the Customer warrants and represents to LocalWebAdverts that: (i) It has the right to publish all of the contents of the Advertising product submitted pursuant to the Customer Order Process, and can grant to LocalWebAdverts such right, and that such publication will not: (a) breach the confidence or rights of privacy of, or, without limitation, infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of, any third party; or (b) violate any applicable law or regulation; (ii) The Advertising product is legal, proper, decent, honest, accurate and socially responsible; (iii) It has complied with the codes of practice issued by the Committee of Advertising Practice in the UK, including, without limitation, the British Code of Advertising, Sales Promotion and Direct Marketing, and all other relevant codes under the general supervision of the Advertising Standards Authority or any other relevant authority; (iv) The Advertising product either: (a) does not constitute a financial promotion within the meaning of the Financial Services and Markets Act 2000 (“the Act”); or (b) has been approved by an “authorised person” within the meaning of the Act or is otherwise permitted under the Act or other applicable law and the Customer has expressly notified LocalWebAdverts in writing of this; and (v) It does not collect or use personal information through its Advertising product without permission from the user and shall at all times comply with the Data Protection Act 1998. The Customer may not combine, co-mingle, compare or match any information that it legally collects via its Advertising product with any personal information, click-stream or cookie information that it may have. (vi) Where it is required by law that a licence or other express permission is required for it to operate its business and/or to advertise, the Customer is so licensed or permitted and will be throughout the term.
7.3. Further the Customer warrants, represents and undertakes that the Customer Content, and any web site linked to by the Customer Links (?Linked Content?): (a) will not contain anything that is indecent, obscene or unlawful; (b) will comply will all applicable law; (c) will not contain any defamatory, false, misleading or untrue material or material which abuses, harasses, threatens or is otherwise offensive to any other person; (d) will not restrict or inhibit any other user from using the LocalWebAdverts website. (e) will not contain any virus or other material likely to harm the LocalWebAdverts website; (f) will not contain any other material which is likely to harm the reputation of LocalWebAdverts.
7.4. The Customer hereby expressly grants to LocalWebAdverts: (i) a non-exclusive, world-wide right to use, reproduce, publicly display, and distribute the Advertising product in accordance with the Customer Order Process and these Terms and Conditions and warrants that the Customer has the right to grant such licence; (ii) the express right to reproduce throughout the world screen shots of the Advertising product supplied to the Customer by LocalWebAdverts on or in any promotional or advertising material or campaign promoting or advertising LocalWebAdverts.
7.5. In consideration of the Customer’s acceptance of such Advertising products, the Customer agrees to indemnify and hold LocalWebAdverts and LocalWebAdverts’s employees harmless against any and all claims actual or of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices), damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or in connection with:(i) any material to which users are able to be linked through the Advertising product, (ii) LocalWebAdverts’s performance under the Contract, and (iii) the copying, printing, distributing, or publishing of the Advertising product by LocalWebAdverts.
7.6. The Customer represents and warrants that it contracts with LocalWebAdverts as principal, and has the authority to do so, notwithstanding that the Customer may be acting as an advertising agency or media buyer or in some other representative capacity.
8. Copyright and Intellectual Property – The entire copyright and any other intellectual property rights in the Customer Content throughout the world (save those licensed to LocalWebAdverts) shall be and shall remain the exclusive property of the Customer.
9. Use of Data – The Customer hereby agrees and acknowledges that LocalWebAdverts (or representatives or agents of LocalWebAdverts) will collect personal data supplied by the Customer, including contact details such as names, addresses, telephone numbers and e-mail addresses, and that LocalWebAdverts may use and retain any personal data supplied by and relating to the Customer for the purposes set out in this Contract. The Customer agrees that LocalWebAdverts may use any Customer address or e-mail address for the purpose of contacting the Customer about LocalWebAdverts’s products and services.
10. Confidentiality
10.1. The provisions of the Customer Order Process and all communications passing between the Customer or any of its agents and LocalWebAdverts are confidential and must not be disclosed to any third party except: (a) by the Customer to its qualified accountants or legal advisers; (b) by LocalWebAdverts to its qualified accountants or legal advisers; or (c) as otherwise agreed by the parties in writing or as otherwise required by law, by any government authority, court order, regulatory body or stock exchange requirement. In addition, in connection with their discussions, the Customer may have received and may in future receive from LocalWebAdverts certain valuable technical and non-technical information and materials relating to LocalWebAdverts and its business, which is confidential and proprietary to LocalWebAdverts. The Customer agrees to preserve the confidentiality of information belonging LocalWebAdverts.
10.2. The Customer and its agents are hereby put on notice that LocalWebAdverts and its affiliates are particularly sensitive to public statements about the LocalWebAdverts web services, their contractual relationships and their product plans. Improper or ill-timed statements are likely to have a detrimental effect on the business of LocalWebAdverts and its affiliates and may contravene applicable law. Consequently, the Customer must not, and must ensure that any agent or person acting on its behalf does not, make any public announcement in respect of the Customer Order Process or the relationship between the parties without the prior written consent of LocalWebAdverts including without limitation any pre-announcement in respect of the display of advertising on any LocalWebAdverts forum. For the avoidance of doubt, the foregoing prohibition includes public announcements by any third party acting on behalf of the Customer and any communication that the Customer knows will or is likely to be made public. Any breach of this clause 10.2 by the Customer will be deemed to be a breach of confidentiality under this clause 10.
11. General
11.1. All notices to be given under the Contract shall be in writing and shall be sent by first class post to the address on the Customer Order Process. Any notice given under the Contract, which is sent by post in accordance with this clause 11, shall be deemed to have been received two days after posting.
11.2. This Contract, incorporating the Customer Order Process, these Terms [and any other relevant LocalWebAdverts terms], constitutes the entire agreement between the Customer and LocalWebAdverts in relation to the Advertising product. No addition to or modification of this Contract shall be effective unless it is in writing and signed by a duly authorised representative of both the Customer and LocalWebAdverts.
11.3. Nothing in the Contract shall create, or be deemed to create, a partnership or joint venture between the Customer and LocalWebAdverts or the relationship of principal and agent between the Customer and LocalWebAdverts.
11.4. The Customer may not assign the whole or any part of its rights or obligations under this Contract without the prior written consent of LocalWebAdverts. LocalWebAdverts may assign or subcontract the whole or any part of its rights or obligations under this Contract without restrictions.
11.5. No person has any rights under this Contract save as may be set out in it and the parties agree that the Contracts (Right of Third Parties) Act 1999 is excluded.
11.6. This Contract shall be governed by and construed in accordance with English law and the Customer and LocalWebAdverts submit to the non-exclusive jurisdiction of the English courts.
11.7. The placing of a Customer Order Process for the insertion of an Advertising product shall amount to an acceptance of these Terms and, subject to sub-clause 2.2 (i) and (ii) of these Terms, any conditions stipulated on a Customer Order Process or elsewhere by an agency or a Customer shall be void in so far as they are in conflict with them.
11.8. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy hereunder shall constitute a waiver of such or any other right or remedy, or the future exercise thereof.
Membership responsibilities:
In order to enjoy the benefits of LocalWebAdverts membership with Locally Compared Ltd. (“LocalWebAdverts”), you must become a Registered Member for which purpose you must be over 18 years old, you must provide your own valid email address and all other information requested in the registration process.
In signing up for LocalWebAdverts Membership, you are deemed to have read and to accept all the general provisions set out in LocalWebAdverts’s Terms of Use which apply to all users of the Website and you agree to abide by all LocalWebAdverts’s relevant policies.
Membership Responsibilities
You agree that you are responsible for your own submissions, postings and any content you upload and for any consequences thereof. You agree when using LocalWebAdverts’s website (“the Website”) only to publish, transmit, upload or distribute (“to Post”) materials that are legal, proper, decent, honest and accurate.
Terms and Conditions for Submitting Reviews
In submitting reviews, you agree to keep your comments civil, tasteful and relevant.
In particular, you further agree that your submissions WILL:
1. Be your own words, not copied from anyone else, and not an impersonation
2. Be in the English language
3. Observe standard email etiquette (for example, the content should not all be in capital letters, or contain HTML tags or excessive typographic symbols)
4. Be legal, proper, decent, honest and accurate
5. Be relevant to the business in question
and WILL NOT:
1. Contain profanity, swearing, obscenities or any language likely to cause offence
2. Contain threats, prejudice or hate speech
3. Be untrue, misleadingly incomplete, defamatory, inappropriate, indecent, obscene, offensive or malicious
4. Be unlawful, harassing, abusive, threatening, harmful or sexually or raciallyoffensive, or restrict or inhibit any other user from using the LocalWebAdverts Website
5. Be illegal, or encourage or incite people to commit any crime
6. Breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others or infringe any patent, trademark, copyright, moral right, database right, trade secret or other proprietary right of any party
7. Contain viruses, corrupted files, or any other similar software or programs that may damage the LocalWebAdverts Website or the operation of another’s computer.
8. Contain any personal information or contact details (including address, telephone number, email address, etc) for yourself or anybody else
9. Contain any advertising or promotion for products or services
10. Contain a link to any other website
11. Be a re-posting of the same or a similar review previously submitted by you
By submitting a review, you confirm that you own the copyright in your review and you agree to grant LocalWebAdverts a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and licence (with the ability to sublicense) to use, reproduce, modify, publish, translate, distribute, and exercise all copyright and publicity rights with respect to any such content and/or to incorporate it in other works in any media now known or later developed for the full-term of any rights that may exist in such content. You also agree to waive any moral rights in relation to your review for the purpose of posting on this website and the other purposes specified.
LocalWebAdverts reserves the right at all times to disclose any information posted by Registered Members as necessary to satisfy any applicable law, regulation, legal process or governmental request.
LocalWebAdverts reserves the right to delete or modify any reviews, at any time, for any reason and is under no obligation to publish any review submitted.
If notified by a user of content which allegedly does not conform to any of the above terms, LocalWebAdverts may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the allegedly infringing content. LocalWebAdverts accepts no liability or responsibility for performance or non-performance of such investigation. LocalWebAdverts reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
LocalWebAdverts maintains commercial standards in line with both British and European Consumer Protection Policies. LocalWebAdverts reserves the right to protect consumers from false, misleading or illegal reviews of businesses and makes every effort to refer any breach of the laws relating to ‘falsely representing oneself as a consumer’ to governmental and policing bodies.
General Terms
You also agree, by way of example and not as a limitation, that when using the
Website, you will not:
1. Advertise or offer to sell any goods or services for any commercial purpose.
2. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
3. Register for more than one account in your name.
4. Conduct or forward competitions, surveys or chain letters.
5. Send any unsolicited advertisement or other promotional material (i.e. spam).
6. “Harvest” or collect email addresses or other contact information from the Website, including without limitation details of other Registered Members, for the purposes of sending unsolicited emails or communications or for any commercial purposes.
7. Use the personal details of other Members except to contact them in a manner which could reasonably be expected.
Limitations on Liability
LocalWebAdverts Membership provides you with access to third party Member Content. Such content is the responsibility of the third party creator of the content. LocalWebAdverts has no responsibility for such content and is merely providing access to it as a service to you. While LocalWebAdverts will endeavour, at its sole discretion, to remove any offensive, harmful or objectionable Member Content from the Website as soon as it comes to its attention, third party materials may include offensive, inappropriate, harmful, or deceptive content or information. HOWEVER, YOU ARE EXPECTED TO USE CAUTION AND COMMON SENSE AND TO EXERCISE GOOD JUDGEMENT WHEN ACCESSING THIRD PARTY CONTENT. You acknowledge that any reliance on such third party content will be at your own risk.
You also accept responsibility for your interactions with other Registered Members introduced to you through LocalWebAdverts. LocalWebAdverts reserves the right to monitor any disputes and to intervene if and as, in its sole discretion, it thinks appropriate. However, LocalWebAdverts accepts no responsibility to do so. You agree to indemnify LocalWebAdverts against all legal fees, damages and other expenses that it may incur as a result of your breach of any of the above terms.
Privacy Policy:
This website is managed and owned by LocalWebAdverts Ltd (“LocalWebAdverts”).
In providing this website LocalWebAdverts collects information about you. In doing so, we take your privacy and our obligations under the data protection legislation very seriously. You have a right to expect a website to disclose its privacy policies – how your personal information is collected, used and shared. You also have a responsibility to choose which sites you feel comfortable disclosing such information to.
In order to comply with our obligations, LocalWebAdverts must obtain your consent to the use of your personal information. Please ensure therefore that you read the following statement carefully. Registration will be taken as consent to certain uses of your information.
Item A: Access to Registration Information
LocalWebAdverts will under no circumstances give access to your registration information to any third party for any purpose, either commercial or otherwise. Consistent with our obligations under the Data Protection Act 1998, your information is maintained on a secure webserver in what we believe to be a well protected environment. Neither LocalWebAdverts nor any other website operator can, however, guarantee that your information will remain secure from unauthorised access.
Item B: Cookies
In order to become a registered member of this website, you must have ‘Cookies’ enabled on your machine. Our website relies on this technology to allow you to re-access your registered user profile and personalised page during a web session. In this way, once you initially log in during a web session, you will not be asked for your log-in ID and password again unless you log out. This mechanism is employed solely for your convenience and for no other purpose.
Item C: Public vs Confidential Information
You acknowledge that all of your submissions and postings to the public portion of the website are public and not private information. Always use caution when giving out any personally identifying information about yourself or your household. LocalWebAdverts specifically disclaims any liability with regard to any actions resulting from your submissions and postings to the public portion of the website. Generally, any communication which you post to the website is considered to be non-confidential. If a particular webpage or form permits the submission of information that will be treated by LocalWebAdverts as confidential, that fact will be stated on those pages.
Item D: Use of Public Information
By posting communications on or through the website, you automatically grant LocalWebAdverts a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree to waive any moral rights which you may have in such material. LocalWebAdverts reserves the right to refuse to post and/or remove any material sent or posted by you.
Your consent
By registering with us you consent to the collection and use of your information by LocalWebAdverts in the ways outlined above. If, having given your consent to the use of your data, you subsequently change your mind you can stop all, or particular uses of your data by sending us an e-mail.
Extra:
The LocalWebAdverts Website is managed and owned by LocalWebAdverts Ltd (“LocalWebAdverts”), Email: info@LocalWebAdverts.com
Thank you for using this website (the “Website”). This page states the terms (these or the “Terms”, or the “Agreement”) under which you may use the Website. Please read this page carefully. By accessing the Website you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, you may not use the Website. LocalWebAdverts may, in its sole discretion, modify or revise these Terms at any time by updating this page. It is your responsibility to check the Terms periodically and to review any changes. By continuing to use the Website, you are deemed to have agreed to and are bound by any such modifications.
A: Website Materials
The contents of this Website, including but not limited to text, graphics, illustrations, logos, software, video, trademarks, service marks and other material (the “Materials”) are protected by copyright and other laws.
LocalWebAdverts authorises you to view the Materials on the Website solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the permission of LocalWebAdverts.
You may not hack into or tamper with any part of the Website. Nor may you cause any virus, corrupted file or other similar software or program to damage or impair the Website or the operation of another’s computer. You may not use any automated means (whether electronic or not, including by way of example only, robots, spiders and other data mining, data gathering or extraction methods) to copy, crawl or monitor the Website or the Materials.
Nor may you use the Website to create, amend, update or verify any databases, directories, customer lists, mailing lists or other records. This prohibition includes, without limitation, “harvesting” email addresses, passwords and other contact information.
If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies of the Materials you have made.
B: Website Warranties
The Website and materials contained therein are provided on an “AS IS” basis without any warranties of any kind, either express or implied. LocalWebAdverts disclaims all warranties, including but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. LocalWebAdverts makes no warranties about the accuracy, completeness, reliability or timeliness of the materials and links presented on the Website.
LocalWebAdverts does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. LocalWebAdverts is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. The Website contains materials provided by third parties, and likewise LocalWebAdverts will not be held responsible for any such third party materials.
C: Disclaimer of Damages & Limitation of Liability
Your use of the Website is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Website or with these Terms, our Privacy Policy or any other policies of ours, your sole remedy is to discontinue use of the Website. Other than personal injury or death caused by LocalWebAdverts’s negligence, in no event shall LocalWebAdverts be liable to any user or other third party for any damages resulting from the use or inability to use the Website, the materials contained therein or any link to another website. This disclaimer and limitation includes direct, indirect, incidental, special, consequential (including loss of data, business, profit or goodwill), or exemplary damages and applies whether based on warranty, contract, tort (including negligence), common law or statute, regardless of whether LocalWebAdverts is advised of the possibility of such damages.
D: Public & User Submissions – General
The Website includes postings, listings, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. LocalWebAdverts has no responsibility for such content and is merely providing access to such content as a service to you. LocalWebAdverts does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information or opinions posted by third parties. While LocalWebAdverts will endeavour to remove any offensive or harmful content from the Website as soon as it comes to its attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. HOWEVER, WE EXPECT YOU TO USE CAUTION AND COMMON SENSE AND EXERCISE GOOD JUDGEMENT WHEN USING THIRD PARTY INFORMATION. You acknowledge that any reliance on such third party materials will be at your own risk.
E: Links to Other Websites
The Website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to users, and are not an endorsement by LocalWebAdverts of the contents of such third-party websites. LocalWebAdverts is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.
F: User Responsibilities
If submitting reviews or making use of the privileges of LocalWebAdverts Membership, you agree that you will abide by the LocalWebAdverts Terms and Conditions for Membership. You further agree, in connection with the Website, that you will not:
1. Restrict or inhibit any other user from using the Website.
2. Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
3. Advertise or offer to sell any goods or services for any commercial purpose (unless you have contracted to abide by LocalWebAdverts’s Advertising Products Terms and Conditions).
4. Send any unsolicited advertisement or other promotional material i.e. spam.
5. Conduct or forward competitions, surveys or chain letters.
6. Commit or encourage a criminal offence.
G: Our Obligation to Monitor Content
LocalWebAdverts does not control or endorse and is not responsible for the information posted by Registered Members, and has no obligation to monitor postings. However, LocalWebAdverts reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in LocalWebAdverts’s sole discretion.
If LocalWebAdverts is notified by a user of content which allegedly does not conform to any relevant term of use, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. LocalWebAdverts will have no liability or responsibility for performance or non-performance of such investigation.
H: Copyright Infringement
LocalWebAdverts may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide LocalWebAdverts with a written notice.
I: Indemnity
You agree to defend, indemnify and hold harmless the Website, LocalWebAdverts, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Material or your alleged breach of the terms of this Agreement. LocalWebAdverts will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. This indemnity shall survive termination of the Agreement.
J: General Disclaimer
LocalWebAdverts makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the Materials by certain persons may not be legal. If you access the Website from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
K: Termination
LocalWebAdverts may terminate your right to use or access the Website at any time without notice and for any reason.
LocalWebAdverts reserves the right to cease operating the whole or any part of the Website at any time.
The termination of this Agreement (for any reason) shall;
(i) be without prejudice to any other rights or remedies which LocalWebAdverts may be entitled to under this Agreement or at law;
(ii) not affect any accrued rights or liabilities which LocalWebAdverts may then have; and
(iii) not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
L: General
From time to time, LocalWebAdverts may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by you of the Website after any such changes have been posted shall be deemed to indicate your agreement to the modified Conditions. If you do not agree to the modified Terms, you should cease use of the Website.
LocalWebAdverts may freely assign this Agreement. It may not be assigned by you. LocalWebAdverts is based in Leeds, England. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by English Law. You hereby accept and irrevocably submit to the non-exclusive jurisdiction of the English courts for such issues.
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