|
| |
| Terms and Conditions of the use of Cynosure eMedia Limited's lookupsport.com web site | |
Cynosure eMedia Limited may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our web site ("the Site" "lookupsport.com") and announcing such changes in the site administration forum.
Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site. | | | |
1. General Information
1.1 For your information we list below the address details of Cynosure eMedia Limited:
Registered Office: Old Barber, Harrogate, North Yorkshire, HG1 3DF
Registered Company no. 5662316
Contact Address: 8 Old Barber, Harrogate, North Yorkshire, HG1 3DF
E-Mail: info@lookupsport.com | | |  | | back to top | |
2. Subscriber/Advertiser/User Eligibility
2.1 Our services are available to members of the public, companies, advertisers, organisations and/or individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age) unless with proof of parental consent. If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Cynosure eMedia Limited. Further, our services are not available to temporarily or indefinitely suspended Cynosure eMedia Limited subscribers/advertisers and/or members. |  | | back to top | |
3. Formation of Contract
3.1 In order that a legally binding contract can be formed between Cynosure eMedia Limited and a user eligible under clause 2 above, the subscriber/advertiser and/or user is required to accept these Terms and Conditions unconditionally by clicking the 'I accept' checkbox during the registration process.
3.2 Cynosure eMedia Limited in their absolute discretion reserves the right to refuse, suspend or cancel use of this site by any member as defined in clause 2 above.
3.3 These Terms and Conditions shall override any contrary terms or conditions published by Cynosure eMedia Limited or appearing on this web site pertaining to users.
3.4 In consideration of Cynosure eMedia Limited agreeing to the subscribers use of the Site, the user agrees to comply with these Terms and Conditions. |  | | back to top | |
4. Fees and Services
4.1 Registering to use our site and its Services (as defined below) is currently free of charge unless by express agreement with advertisers. Cynosure eMedia Limited reserves the right to change its fee policy and the fees charged for the Services from time to time. Changes to the terms will be advised fourteen (14) days in advance. Payment for some or if not additional services will be charged either monthly, quarterly or annually, with any amendment to terms being invoked at the recycle period. Such changes will be notified in writing to existing advertisers fourteen (14) days in advance and will also be posted on the advertisers page. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of the service. Unless otherwise stated, all fees are quoted in UK Sterling. You are responsible for paying all fees associated with using the Services and the Site and all applicable taxes.
Cynosure eMedia Limited and lookupsport.com accepts no responsibility for taxes etc on transactions effected as a direct or indirect result of the use of the Site. However, for persons based in the EU (including the UK), VAT may apply in two ways:
- If you are a business, you may have to remit VAT on our services to you (under 'reverse charging').
- Whether you are a business or not, and whether you are buying or selling, VAT may apply to your transactions. Please be aware that in some rare cases the amount a seller nets from a sale may be less than the net value once VAT is paid. The complexity of VAT (which applies differently in numerous countries, to different items, and at different rates) means Cynosure eMedia Limited and/or lookupsport.com cannot prevent some such occurrences. You accept the risk that this affects you.
|  | | back to top | |
5. The Site
5.1 Cynosure eMedia Limited reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice unless by express agreement. It is the subscribers responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Cynosure eMedia Limited.
5.2 Cynosure eMedia Limited does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
5.3 Where Cynosure eMedia Limited provides hyperlinks to a third party website, Cynosure eMedia Limited shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Cynosure eMedia Limited does not endorse or approve the content of such third parties web-sites.
5.4 Cynosure eMedia Limited makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum. |  | | back to top | |
6. lookupsport.com is an "online Directory For Sports Enthusiasts in the UK"
6.1 Overview. The Site acts as a venue for retailers of sport and leisure goods to promote their company brand, name, image, product range and services. Although public users may choose to conduct business related communications and transactions through the site, lookupsport.com are not involved in the actual transaction between buyers and sellers. As a result, lookupsport.com have no control over the quality, safety, truth, accuracy or legality of any products, items or services offered, nor any ability whatsoever to warrant or guarantee the integrity of the providers or purchasers of such products, items or services. Cynosure eMedia Limited cannot ensure that any provider or purchaser will actually complete a transaction.
6.2 User identities. Because identification and authentication on the Internet is difficult, Cynosure eMedia Limited cannot and does not confirm each user's purported identity. If you are in any doubt as to an individual's identity you are encouraged to attempt to communicate directly with that person to further establish their credentials.
6.3 Release. In the event that you have a dispute or issue with one or more of the users/subscribers/advertisers, you shall release Cynosure eMedia Limited (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.4 Information Control. lookupsport.com is designed to help users to obtain sport and leisure goods from retailers that promote or otherwise advertise themselves, product range and services on this site. Whilst the quality of material submitted to our Site is generally high, lookupsport.com can not entirely guarantee control of the information provided by subscribers and advertisers.
6.5 Opinions and information expressed on this Site other than those confirmed by Cynosure eMedia Limited are those of contributing individuals. If you act or purchase anything that is advertised or promoted then you must do so on the basis of a considered decision of your own, having weighed up the pros, cons and risks thereby fully accepting the responsibility for the product or service. Under no circumstances shall Cynosure eMedia Limited be liable for direct, indirect, or incidental damages resulting from your purchase, use of information, commentary, advice or other content on the Site. You agree to indemnify Cynosure eMedia Limited against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site. |  | | back to top | |
7. Your Information
7.1 "Your Information" is defined as any information you provide to Cynosure eMedia Limited or other users/subscribers/advertisers/promoters during registration, subscription, in any public message area, through feedback or any e-mail or form features
7.2 Your Information and conduct (or any items listed therein) shall not:
- be false, inaccurate or misleading.
- be fraudulent or involve the sale of counterfeit or stolen items.
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy.
- violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- be defamatory, trade libellous, unlawfully threatening or unlawfully harassing.
- be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally resricted material.
- contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user.
7.3 To enable Cynosure eMedia Limited to use the information supplied, such that we are not violating any rights you might have in that information, you agree to grant Cynosure eMedia Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Cynosure eMedia Limited will only use Your Information in accordance with the Privacy Policy to the Site.
7.4 You are responsible for all statements made and acts that occur through the use of your id and password. If applicable, please do not disclose your password to anyone. If your password has been stolen, you must immediately inform Cynosure eMedia Limited. Cynosure eMedia Limited may at any time, and at its sole discretion, terminate your membership (if applicable) and/or subscription without prior notice to you for violating the above provisions.
7.5 While Cynosure eMedia Limited cannot review all transmissions by public users and advertisers/subscribers/promoters, we reserve the right to, and may from time to time, monitor any information transmitted or received through this service. Cynosure eMedia Limited, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information that we deem inappropriate or that violates any of this agreement. |  | | back to top | |
8. Access and Interference
8.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Cynosure eMedia Limited.
8.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
8.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
8.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Cynosure eMedia Limited by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Cynosure eMedia Limited or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing. |  | | back to top | |
9. Breach
9.1 Without limiting other remedies, Cynosure eMedia Limited may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your user and or subscription agreement and refuse to provide the Services to you if:
- you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)
- Cynosure eMedia Limited and/or lookupsport.com are unable to verify or authenticate any information you provide to us; and
- Cynosure eMedia Limited and/or lookupsport.com believe that your actions may cause legal liability for you, our users or third parties or ourselves.
|  | | back to top | |
10. Privacy
10.1 By registering, you are agreeing that other users/advertisers and third parties may make statements about goods and services which you regard as untrue. In any such case, if you contact Cynosure eMedia Limited, providing full details, Cynosure eMedia Limited will conduct a brief investigation and may remove the offending statement. Whether or not the offending statement is removed you hereby waive any right you might otherwise have against Cynosure eMedia Limited in connection with such statements. You accept that Cynosure eMedia Limited cannot control such statements and it is not practicable to conduct full, detailed, investigations. For more details on Privacy, please review our Privacy Policy. |  | | back to top | |
11. No Warranty
11.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the users sole risk and without representations or warranties of any kind and to the full extent permitted by law. Cynosure eMedia Limited and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free. |  | | back to top | |
12. Liability Limit
12.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Cynosure eMedia Limited where and to the extent that applicable law prohibits such exclusion or limitation.
12.2 Subject to the above statement, in no event shall Cynosure eMedia Limited or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement.
12.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against Cynosure eMedia Limited in relation to the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Cynosure eMedia Limited will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Cynosure eMedia Limited in breach of the foregoing. |  | | back to top | |
13. Indemnity
13.1 You agree to indemnify, defend and hold harmless Cynosure eMedia Limited and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. |  | | back to top | |
14. Legal Compliance
14.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. |  | | back to top | |
15. No Agency
15.1 You agree that you and Cynosure eMedia Limited are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. |  | | back to top | |
16. Notices
16.1 All notices to be served on Cynosure eMedia Limited shall be sent to the contact address stated in clause 1 or to the e-mail address at info@lookupsport.com |  | | back to top | |
17. Arbitration
17.1 Any controversy or claim arising out of or relating to this Agreement or Cynosure eMedia Limited's Services shall be settled by an arbitration tribunal designated by Cynosure eMedia Limited. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Cynosure eMedia Limited and/or the trading style lookupsport.com may seek any interim or preliminary relief from a court of competent jurisdiction in the U.K. necessary to protect the rights or property of you or us pending the completion of arbitration. |  | | back to top | |
18. Intellectual Property
18.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names) in the Site belongs to Cynosure eMedia Limited or its Subscribers/advertisers/promoters and/or third party licensors not specifically defined. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on its computer screen and print it out on its printer for the sole purpose of viewing its content in connection with the Services.
18.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Cynosure eMedia Limited or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
18.3 Cynosure eMedia Limited reserves the right in accordance with the licence granted under clause 7.3 to license and republish the material contributed by you. Any work republished will be with proper attribution to the author.
18.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
18.4.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Cynosure eMedia Limited's or the relevant licensee's prior written permission;
18.4.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the lookupsport.com Services without Cynosure eMedia Limited's or the relevant licensee's prior written permission;
18.4.3 display, publish, copy, print, post or otherwise use the Cynosure eMedia Limited and/or trading style of lookupsport.com's Services and the information contained therein for the benefit of any other website without Cynosure eMedia Limited's or the relevant licensee's prior written permission;
18.4.4 process or otherwise use the information contained on or within the Cynosure eMedia Limited and/or trading style of lookupsport.com's Services for illegal or immoral purpose nor use or process the same unfairly.
18.5 You agree and accept that Cynosure eMedia Limited may publish or otherwise distribute your Information and you therefore grant to Cynosure eMedia Limited an irrevocable, perpetual, non-exclusive right and licence to publish the Submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
18.6 You therefore hereby undertake to Cynosure eMedia Limited to indemnify and hold harmless Cynosure eMedia Limited in full and defend at its own expense Cynosure eMedia Limited against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Cynosure eMedia Limited its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
18.7 Cynosure eMedia Limited, lookupsport.com, the lookupsport.com logo and the Cynosure eMedia Limited logo are trade names or trademarks of Cynosure eMedia Limited, the use of which is expressly forbidden by any other persons without the express permission of Cynosure eMedia Limited.
18.8 Cynosure eMedia Limited makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Cynosure eMedia Limited and/or lookupsport.com Services please contact Cynosure eMedia Limited at the address below. |  | | back to top | |
19. Intellectual Property Infringement
19.1 Contributors, users, subscribers, advertisers, promoters and or third parties not defined herewith might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Cynosure eMedia Limited to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
19.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Cynosure eMedia Limited immediately. Cynosure eMedia Limited accepts no liability for copyright infringement by any of its users/subscribers/advertisers/promoters or any third party not defined herewith though Cynosure eMedia Limited will endeavour to protect any rights owner through appropriate action should any infringement come to light. |  | | back to top | |
20. lookupsport.com
20.1 By subscribing to this site in any manner contained herein these terms and conditions of use lookupsport.com is a site designed and compiled for use as an "online directory for sports enthusiasts in the UK. The function of this site is to provide a facility that permits users to undertake "search by postcode" and/or "keyword for retailers, (high street or online), clubs, festivals, tournaments, and competitions and any associated description not mentioned in the aforesaid". Users (in this instance referring to all demograhics) will be able to post messages via the onsite message forum and read reviews, articles and comments relating to sporting venues. This site also contains links to the relevant body and regulatory authority for each sport. |  | | back to top | |
21. General
21.1 This Agreement shall be governed in all respects by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England.
21.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Cynosure eMedia Limited's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
21.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Cynosure eMedia Limited to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. lookupsport.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
21.4 Cynosure eMedia Limited does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.
21.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.
21.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later) |  | | back to top |
|