LINCSKIDS.CO.UK USER AGREEMENT
This website (the “Website”), which is located at WWW.LINCSKIDS.CO.UK is owned and operated by LINCSKIDS.CO.UK (“LINCSKIDS.CO.UK“, “we”, “us” and “our”). These terms and conditions of use (“User Agreement”) govern the terms and conditions on which you (the “User”) may access and use the Website and its content. This User Agreement is effective as of 1 June 2011.
Eligibility to use the Website. You must be 16 years or older to use the Website. By using the Website, you are stating that you are 16 years or older or that you are using the Website with the consent of a parent or guardian.
You understand that the Internet is not secure and that you, and not LINCSKIDS.CO.UK, are responsible for all electronic communications and content sent from your computer to LINCSKIDS.CO.UK and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities set set out in Schedule A to this Agreement and LINCSKIDS.CO.UK reserves the right to prohibit your access to the Website.
INTELLECTUAL PROPERTY OWNERSHIP
Website Content. LINCSKIDS.CO.UK and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website (other than content posted on the Website by Members), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “LINCSKIDS.CO.UK Content”). All LINCSKIDS.CO.UK Content posted, displayed, or available on the Website, including any compilation of the LINCSKIDS.CO.UK Content is the exclusive property of LINCSKIDS.CO.UK and is protected by applicable intellectual property laws.
All LINCSKIDS.CO.UK content posted, displayed, or available on the Website is subject to copyright, unless otherwise noted, and may not be used except with the express written consent of LINCSKIDS.CO.UK. Unless otherwise agreed in writing by LINCSKIDS.CO.UK, you may not copy, display, or post any LINCSKIDS.CO.UK content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on the Website or on any LINCSKIDS.CO.UK Content posted, displayed, or made available on the Website. To notify LINCSKIDS.CO.UK of claimed copyright infringement on the Website, please contact: Sarah Lask, 9 Cambridge Road, BArnes , SW13 0PG, firstname.lastname@example.org
All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to LINCSKIDS.CO.UK, or other respective owners specified on the Website, or are used by LINCSKIDS.CO.UK to identify the owner of the relevant Mark, goods or services. LINCSKIDS.CO.UK may not be licensed to use all Marks that appear on the Website. You may not display or reproduce any of the Marks other than with the prior written consent of LINCSKIDS.CO.UK, and you may not remove or otherwise modify any trademark notices posted on the Website or on any LINCSKIDS.CO.UK Content posted, displayed, or made available on the Website.
LICENCE TO USE
LINCSKIDS.CO.UK grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You shall not (a) download (other than page caching as part of your browser’s normal operations), copy or modify the Website or any portion of the Website; (b) participate in or facilitate any resale or commercial use of the Website or any LINCSKIDS.CO.UK Content; (c) participate in or facilitate any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website; (d) prepare any derivative works of the Website or the LINCSKIDS.CO.UK Content; (e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material or proprietary part of the Website; (f) publish, distribute, or otherwise transfer any material or proprietary part of the Website or the LINCSKIDS.CO.UK Content; or (g) create your own database that reproduces a material or proprietary part of the Website or any LINCSKIDS.CO.UK Content. All rights not specifically granted in this Agreement by LINCSKIDS.CO.UK are withheld and retained by LINCSKIDS.CO.UK.
You may link to the Website at its homepage (WWW.LINCSKIDS.CO.UK) only. You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other “hidden text” using the “LINCSKIDS.CO.UK” name or any other of LINCSKIDS.CO.UK‘s names or trade marks.
LINCSKIDS.CO.UK reserves the right to edit or delete any content on the Website. However, LINCSKIDS.CO.UK assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by clicking here or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.
By registering as a Member on the Website, you may benefit from a number of services not available to the Website’s visitors. These services include:
LINCSKIDS.CO.UK does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members (“Member Content”). By posting any content on the Website, you grant LINCSKIDS.CO.UK a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in LINCSKIDS.CO.UK’s publicity or marketing materials and on any other LINCSKIDS.CO.UK branded websites and LINCSKIDS.CO.UK branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.
You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to LINCSKIDS.CO.UK and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person. You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where you have permission to do so.
Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you makey are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis. You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services.
LINCSKIDS.CO.UK reserves the right to refuse access to the Website and to suspend or terminate Members’ accounts in its sole and arbitrary discretion. While LINCSKIDS.CO.UK prohibits persons under the age of 16, LINCSKIDS.CO.UK cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that LINCSKIDS.CO.UK is not responsible for the acts and omissions of Members or users of the Website.
Information Control. LINCSKIDS.CO.UK cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that LINCSKIDS.CO.UK is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.
THIRD PARTY PROVIDERS
Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. LINCSKIDS.CO.UK does not review content provided by Third Party Providers, never owns the Third Party Providers’ products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.
CHANGES TO THIS AGREEMENT
LINCSKIDS.CO.UK reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.
INTERNET AND WEBSITE ACCESS
We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
LINCSKIDS.CO.UK reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. LINCSKIDS.CO.UK shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
EXCLUSION OF WARRANTIES
LINCSKIDS.CO.UK gives no warranties whatsoever in relation to the Website or any LINCSKIDS.CO.UK Content, Member Content, third party content, products or services posted, displayed or made available on the Website. LINCSKIDS.CO.UK excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. LINCSKIDS.CO.UK expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.
LIMITATIONS OF LIABILITY
LINCSKIDS.CO.UK excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.
LINCSKIDS.CO.UK excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.
In no circumstances shall LINCSKIDS.CO.UK be liable to you for any amount exceeding £100 (one hundred pounds sterling).
Nothing in this User Agreement excludes or limits LINCSKIDS.CO.UK’s liability for death or personal injury or fraud by LINCSKIDS.CO.UK.
All products and brands represented in celebrity-related content has been independently selected by the LINCSKIDS.CO.UK.com team and not by the celebrity themselves. The celebrity does not sponsor or endorse any product or brand included in this content.
You agree to indemnify and hold harmless LINCSKIDS.CO.UK, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.
This Agreement represents the entire agreement between you and LINCSKIDS.CO.UK in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and LINCSKIDS.CO.UK with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by LINCSKIDS.CO.UK of any right or remedy under this Agreement will prevent LINCSKIDS.CO.UK from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
NATURE OF RELATIONSHIP/SEVERABILITY
No joint venture, partnership, employment, or agency relationship exists between you and LINCSKIDS.CO.UK as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified in below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.
This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.
If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to LINCSKIDS.CO.UK, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay LINCSKIDS.CO.UK £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages LINCSKIDS.CO.UK would suffer as a result of your transmitting unsolicited communications via the Website.
THIRD PARTY ADVERTISING COOKIES
Most of the advertisements you see on the website are generated by third parties. Some of these third parties generate their own cookies to track how many people have seen a particular advertisement (or use the services of third parties to do this), and to track how many people have seen it more than once. These cookies cannot be used to identify an individual; they can only be used for statistical purposes, for example, in providing you with advertisements that are more relevant to your interests. Some of the information gleaned from third party cookies will be aggregated with other anonymous information for statistical purposes. The third party companies that generate these cookies have their own, very strict, privacy policies but we don’t have access to these cookies; other than allowing them to be served, we have no role to play in these cookies at all (although we may use statistical information arising from these third party cookies and provided to us by third parties, to improve the targeting of advertisements to users of the website).
If you would like to disable “third party” cookies generated by advertisers or providers of targeted advertising services, you can turn them off by going to the third party’s website and getting them to generate a one-time “no thanks” cookie that will stop any further cookies being written to your machine. Here are links to the two main third party advertising platforms we use, each of which have instructions on how to do this: http://www.doubleclick.com/us/about_doubleclick/privacy/ad-cookie/
You can also visit the trade body representing these advertising bodies for more information on how to opt out of these cookies: