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| 1. EVENTSreview.com: Terms and Conditions of use |
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EVENTSreview.com is a web site owned, operated and made available by EVENTS:review Limited ("ER"). EVENTSreview.com may also be aliased to other domain names, for example EventsReview.co.uk, whereupon the same terms apply.
EVENTSreview.com is intended for use in the UK and those terrortories where the terms stated hereunder are enforceable by law. Use of the EventsReview website in terrortories where any of these terms and conditions are not acceptable or enforceable may not use the EVENTSreview.com web site and services.
1.1 Application of these conditions of use
By accessing or using any part of EVENTSreview.com you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use EVENTSreview.com.
We may change these conditions at any time without any notice to you. By your continued access and use of EVENTSreview.com you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
1.2 Privacy statement
EVENTS:review respects your privacy. The information that you provide us with, or that is gathered automatically helps us to monitor and improve our services. When using the EVENTSreview.com web site certain information is automatically collected so that delivery of the service is possible. Cookies may be stored on your machine by your browser. Certain date, time, ip address and other information relating to your using the EVENTSreview.com web sitesis logged and stored for analysis purposes.
Contact information is requested by the service when submitting material for publication (such as private advertisements etc); this information is stored by the service.
EVENTSreview.com provides an external e-mail newsletter service and an internal mailbox facility. This external service is an "opt-in" and "opt-out" service. If you receive an e-mail newsletter from the EVENTSreview.com web site, it is because you have subscribed to that service. To remove your e-mail address from this service please refer to the removal instructions within the e-mail newsletter.
Please bear in mind that any information that you submit through insecure web forms, letters/emails may be collected by others.
1.3 Listing and advertisement services on EVENTSreview.com
1.1.1 Term of contract
Businesses that purchase enhanced listing options and other promotional services including banner advertisements within the EVENTSreview.com website do so for a term of 12 months from the date on which payment is confirmed.
1.1.2 General terms for advertisers
By submitting advertising for inclusion on the ER web site, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on ER unless specifically agreed to in writing by ER. ER will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency.
This contract supersedes all terms and conditions on ER rate cards published in print or electronically, and any previous agreements between ER and advertiser/agency relating to the subject matter set forth herein. ER's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall ER be obligated to serve advertisements for any other advertiser.
Advertisements must conform to the British Code of Advertising Practice (http://www.asa.org.uk/asa/codes/cap_code/) and must accurately reflect the product and or service being advertised.
Advertisements are subject to the publisher's approval and must always be recognisable as such and not resemble editorial matter.
All e-mail addresses listed in any advertisement must be operational and be monitored by the advertiser.
All claims made in advertisement must be capable of being supported by appropriate evidence and must be made available to ER upon request.
The publication of an advertisement by ER does not constitute endorsement of the advertiser, its products or services.
Space reserved by an advertiser must be paid in full where the advertisement is not published due to an act or omission by the advertiser.
ER reserves the right to increase advertisement rates at any time or to amend the terms and conditions at any time.
ER will not be liable for any loss or damage caused by amendment, error, late publication or non-publication from any cause whatsoever.
ER will not accept liability for any error on the part of third parties or inaccurate copy instructions.
ER reserves the right to publish the most appropriate copy should copy instructions not be received by the stipulated time.
All claims for errors should be made within 5 days of commencement of service.
Artwork must be supplied as an electronic file in Microsoft Word, as a TIF format graphics file, or PDF format on a CD, or by email. Alternatively advertisers may provide camera-ready copy (bromide or good quality laser-print). Images and fonts must be supplied separately. Graphic design work, setting or amendments carry an additional charge of �30.
Additional or other terms specific to individual contracts may be stipulated during relevant negotiations and will be advised in writing..
1.1.3 Payment
Unless otherwise agreed in writing, the annual fee is due upon the execution of the requested services. For basic directory services including listing enhancements this means payment will be provided at the time of order using the provide web-based forms and payment schemes.
In the event that advertiser/agency pays any amounts due hereunder with a credit or debit card and the issuer of the credit or debit card fails to pay the amounts authorized by advertiser/agency, advertiser/agency shall immediately remit full payment to ER plus any interest due on the outstanding amounts. In addition, if advertiser/agency pays any amounts due hereunder with a credit card and the issuer of the credit card seeks to recover from ER any amounts received by ER from the issuer, advertiser/agency shall immediately remit to ER all amounts necessary to comply with the issuer's request and any costs and expenses incurred by ER.
For services that are individually invoiced, if payment is not made in a timely fashion, ER, at its option, may immediately terminate the contract. In addition, advertiser/agency shall be liable to Lycos for all legal fees and other costs of collection. Interest will accrue on any past due amounts at the rate of the lesser of one and one-half (1 1/2%) percent per month or the lawful maximum. ER shall have the right to hold the advertiser and/or its agency or agent jointly and severally liable for all amounts due.
1.1.4 Delivery
Where relevant, all figures relating to the number of advertisements served as determined by ER shall prevail, regardless of whether advertiser/agency is using the services of a third party advertisement server. If ER fails to provide the guaranteed number of impressions, ER will make good on this contract as described below. ER will not make good for under-delivery due to delays caused by advertiser/agency. Advertiser/agency understands that all frequency discounts are based on the advertiser's/agency's commitment to fulfilling the frequency indicated in the contract. If, for any reason, this frequency is not met by the expiration or cancellation of the contract, advertiser/agency agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown in the contract and the rate earned based on the applicable rate card for the actual frequency completed.
1.1.5 Advertiser's indemnity
Advertiser/agency grants ER the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to ER. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable law or regulation. In consideration of ER's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless ER and its officers, directors, shareholders, employees, accountants, lawyers, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) ER's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by ER.
1.1.6 Site design evolution
Advertiser/agency acknowledges that, consistent with ER's need for editorial discretion, ER may redesign, delete or replace the pages, programs or channels on which the advertisements will be displayed or may redesign or replace the type of links, buttons, boxes, banners, and Internet radio, audio or video advertisements purchased by advertiser/agency; provided, that ER will use good faith efforts to provide advertiser/agency with comparable links, buttons, boxes, banners, and Internet radio, audio or video advertisements.
1.1.7 Limited liability
In the event (i) ER fails to publish an advertisement in accordance with the schedule provided in the Insertion Order, (ii) ER fails to deliver the number of total impressions specified in the Insertion order (if any) by the end of the specified period, or (iii) of any other failure, technical of otherwise, of such advertisement to appear or be transmitted as provided, the sole liability of ER to advertiser/agency shall be limited to, at ER's sole discretion, a pro rata refund of the advertising fee representing the undelivered impressions, placement of the advertisement at a later time in a comparable position, or extension of the term of the Insertion Order until total impressions are delivered. In addition, ER is not responsible for the quality and/or clarity of any Internet radio, audio or video advertisements. Under no circumstances will ER be liable for any special, indirect, incidental or consequential damages, including, without limitation, for lost income or profits, in any way arising out of or related to this contract, even if ER has been advised as to the possibility of such damages.
1.1.8 Confidentiality and reassignment
No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. Advertiser/agency may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to ER. If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by ER shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; ER will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of ER. All terms of this contract, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to the respective successors and assigns.
1.4 Copyright and database right
Except where otherwise noted, ER owns legally and beneficially all the intellectual property rights in the content of all the EVENTSreview.com web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as EVENTSreview.com Search results which are extracted from a compilation owned by EventsReview Ltd. � EventsReview Ltd. 2006.
EVENTSreview.com contains data licenced from Enformer Limited.
EVENTSreview.com may contain other content and features that the are property of third parties. You must obtain prior written permission from all relevant third parties for all other uses or copies made.
Deep linking from other other websites to content within EVENTSreview.com is expressly forbidden without prior written consent of all relevant copyright holders.
All editorial content submitted to and displayed by ER becomes the property and copyright of ER.
1.5 Trademarks
"EVENTSreview.com" and "ER" are service marks of ER. All other trademarks, product names and company names or logos cited anywhere on EVENTSreview.com are the property of their respective owners.
Enformer, www.Enformer.com, NewsScape are trademarks of Enformatica Limited.
1.6 Permitted uses
Save as provided below, no materials from EVENTSreview.com may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Subject to applicable third party content providers' licences, you are allowed to access the EVENTSreview.com database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
modifying the data or other material from EVENTSreview.com ("the Data") or merging the Data with any other data;
selling or trading in materials copied from the Data;
using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4;
providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
using the Data:
· For any unlawful purpose or purpose that is likely to bring any part of ER into disrepute or to cause any part of ER embarrassment;
· To send any message or communication which is offensive, abusive, indecent, obscene or menacing;
· In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
· As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
1.7 No licence
Except as expressly provided, nothing contained in these conditions or anywhere on EVENTSreview.com shall be construed as conferring any licence under any of ER's or any third party's intellectual property rights.
1.8 Disclaimer of representations and warranties
EVENTSreview.com is provided by ER on an "as is" and "as and when available" basis to users. You use EVENTSreview.com at your own risk.
ER and its associated content provider organisations make considerable efforts to make information made available via EVENTSreview.com as accurate as possible but no warranty or fitness is implied.
Neither ER nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
that EVENTSreview.com will be uninterrupted or error-free;
that EVENTSreview.com or the computer server from which EVENTSreview.com is made available, are free of viruses or other harmful components;
to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through EVENTSreview.com.
ER makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
EVENTSreview.com, its content, merchandise, services, documents, information, items or materials provided by ER in connection with the use of EVENTSreview.com; or
any goods or services or information received through or advertised on EVENTSreview.com or received through links provided on EVENTSreview.com.
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by ER or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
1.9 Provision of advice
ER is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in EVENTSreview.com, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
ER advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in EVENTSreview.com.
EVENTSreview.com may make available certain information provided by third parties. ER recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.
EVENTSreview.com may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. ER strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
1.10 Limitation of liability
Neither ER nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will ER or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of EVENTSreview.com be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
the use and reliance on EVENTSreview.com; or
the inability to use EVENTSreview.com; or
mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to EVENTSreview.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to ER's records, programs or services; or
merchandise, products or services received through or advertised on EVENTSreview.com and merchandise, products or services received through or advertised on any links provided on EVENTSreview.com; or
information or advice received through or advertised on EVENTSreview.com and information or advice received through or advertised on any links provided on EVENTSreview.com; or
any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or is otherwise distributed using EVENTSreview.com.
ER is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using ER is done at your own risk and ER shall not be responsible or liable for any damages or injury that may result from transmitting such information.
1.11 Miscellaneous
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and ER with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
1.12 Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. ER controls EVENTSreview.com from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing EVENTSreview.com you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of EVENTSreview.com. You and ER also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of EVENTSreview.com accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
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