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TERMS & CONDITIONS FOR 'USERS' USING ITSMYMARKET.COM
We are: Community Ads OnLine Limited, registered in England and Wales, whose company number is 5521126, a private Limited Company based in the UK and trading as itsmymarket.com
Our address is: itsmymarket.com, Carn Brea Studios, Barncoose Industrial Estate, Redruth, Cornwall TR15 3RQ
You are: a user of our Web Site(s)
These terms and conditions govern the way people use this website.
The Terms and Conditions
"Agreement" means these terms and conditions.
"Content" means the text, information, photographs, graphics, and other material on the Web Site.
"Advertiser" means the third party businesses or other organisations who advertise on the Web Site.
"Services" means the provision of directory services and any other services provided by us at any time through the Web Site.
"Web Site" means www.itsmymarket.com and includes all web pages hosted at www.itsmymarket.com
"We", "Us", etc means us. Without limitation, it includes any subsidiary or associated company of ours together with any licensor, affiliate, or network partner.
"You", "Yours", means you, as a user of our website, who may search for a "User", etc source and click a link.
2 Our Contract
Theses terms and conditions regulate the relationship between you and us. By using the Web Site access the Services, you agree to have read and understood this Agreement and to be bound by it.
3 User's Obligations
You agree that:
3.1 If required, you shall provide only true and accurate information to us (including our advertisers, affiliates and partners) at all times.
3.2 You will not commit any fraud or abuse of the system.
3.3 You will not; post any defamatory material, commit any illegal or immoral activities or use this site in any way which is unlawful.
4 Acceptable Use Policy
4.1 You will not attempt to interfere in any way with our networks or network security, or attempt to gain unauthorised access to any other computer system using our Web Site or Services.
4.2 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Web Site and all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide services. The use of itsmymarket.com to transmit viruses I strictly forbidden.
4.3 Examples of violations, include but are not limited to the following:
4.3.1 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
4.3.2 taking any action in order to obtain services to which you are not entitled.
5 Content and Intellectual Property Rights
5.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us, unless otherwise stated, and/or the other Content provider. We will strongly protect such rights in all countries.
5.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Users who do copy works will lose their right to use itsmymarket.com indefinitely and with immediate effect, all copies of copied works should be destroyed.
You agree to indemnify us against any claims, demands, actions, costs, proceedings, expenses, loss or damage, including reasonable lawyers' fees by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity.
7 Interruption to the Services
7.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
7.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
7.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
8 Our Liability
8.1 All Content and Services are being offered on "as is" basis with no warranty condition or term of any kind to the maximum extent as permitted by the law. We disclaim any representation and warranties, express or implied with respect to the programme, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. itsmymarket.com is not liable for any reliance placed on information posted on this site.
8.2 Where we provide a service without specific charge, then it is deemed free of charge, and not to be associated with any other service for which a charge is made. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
8.3 We are not responsible for any or all advertisements on Web Site, including but not limited to goods or services advertised by Advertisers. Each such offer is provided at the sole discretion and subject to the terms and conditions, as applicable, of the respective Advertiser. We give no warranty and accept no liability in relation with any such offer.
8.4 We or our content suppliers may make improvement or changes to the Web Site, the Content or to any of the products and services described on the Web Site, at any time and without you.
8.5 You are advised that Content may include technical inaccuracies or typographical errors.
8.6 We give no warranty and make no representation, express, or implied, as to:
8.6.1 the truth of any information given on the Web Site by any Offer Provider or third party;
8.6.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
8.6.3 compliance with any law;
8.6.4 non-infringement of any right;
8.7 The Web Site contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.8 In no event shall we, the Advertisers or our Content suppliers be liable for any special consequential damages or any damages whatsoever resulting from loss of use, results of use, loss of data or loss of revenues or profits, loss of business, loss of anticipated savings, loss of goodwill and loss or damage of any kind, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the Content available from this Web Site. itsmymarket.com does not exclude liability for death or personal injury rising from negligence, nor liability for fraudulent misrepresentation, nor liability for anything which cannot be limited or excluded by law.
8.9 These disclaimers form an essential part of this Agreement. Each sub paragraph in this Agreement is independent and severable from each other paragraph and enforceable accordingly if any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
We reserve the right to modify the Services and to change the terms and conditions of this Agreement at any time, without notice to you. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. itsmymarket.com reserves the right to change the site, its functionality and design without prior notice. itsmymarket.com may do this on a regular basis. Material on this website may be out of date, itsmymarket.com has no obligation to update such material.
We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you. A breach of these conditions will result in an immediate termination of the right to use this site, itsmymarket.com reserves the right to commence such action as we deem appropriate.
11 No Waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
This context and claim arising out of these terms and conditions shall be interpreted according to the Laws of England and the parties agree to non-exclusive jurisdiction of the English courts.
14 Transactions Concluded Through Our Web Site
Contracts for the supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply of goods and service.
15 Uploading Material To Our Web Site
Supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply of goods and service.
16 Links To Our Web Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Web Site must not be framed on any other site, nor may you create a link to any part of our Web Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please contact us.
16 Interactive Services
We may from time to time provide interactive services on our Web Site, including, without limitation:
(together the interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Web Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Web Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
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