An award winning web application development company specialising in Performance Marketing.
Terms and Conditions
Last updated: 19 October 2011
AGREEMENT BETWEEN YOU AND HOMEPAGES ONLINE
This website is owned and operated by Homepages Online. Homepages Online's
services are comprised of various products, software, services, systems,
technology, tools and websites together with updates and improvements thereto as
may be made available by Homepages Online from time to time (the "Services").
Homepages Online hereby grants you access to these Services conditional upon
your agreement to accept the application of the laws of England and Wales to
govern matters between us in relation to the Services. You represent and warrant
that you are at least 18 years of age and that you possess the legal right and
ability to enter into this agreement to use the Services in accordance with the
Terms. Your use of the Services constitutes your agreement to all such Terms.
MODIFICATION OF THESE TERMS OF USE
Homepages Online shall be entitled to vary the Terms under which the Services
are offered, including but not limited to the charges associated with the use of
Services and you agree to be bound by the new Terms by your use of the Services
after the implementation date for the new Terms. You acknowledge that you are
responsible for reviewing the latest terms of any agreement made available to
you from within, or through, the Services.
LINKS TO THIRD PARTY SITES
The Services may contain links to other websites ("Linked Sites"). Linked Sites
are not under the control of Homepages Online and Homepages Online is not
responsible for the availability or content of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Homepages Online is not responsible for webcasting or
any other form of transmission received from any Linked Site. The inclusion of
any link does not imply endorsement by Homepages Online of the Website or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to Homepages Online that
you will not use the Services for any purpose that is unlawful or prohibited by
the Terms. You represent and warrant that you have not falsely identified
yourself nor provided any false information to gain access to the Services. You
agree to keep all information provided by you complete, accurate and current and
you agree that you will keep it so during the term of this agreement. You agree
that you are personally responsible for the use of any account you use to access
the Services and the secrecy from third parties of any identification, passwords
and other confidential information relating to your account. You agree to notify
Homepages Online immediately of any known or suspected unauthorised use of your
account or breach of security, including loss, theft or unauthorised disclosure
of your password or other security information. Through your use of the Services
you may be granted access to software that provides content to your website (or
other web properties) and facilitates the automated referral of a user of your
web properties to a Merchant (the "Technology"). You agree to use the Technology
only where you have the right to do so (the "Properties"). You agree that you
are personally responsible for ensuring that you have the correct affiliate IDs
in your account and for ensuring that you are signed up to the relevant
merchants on the relevant affiliate networks. You may not bypass monetisation
with the whole or any part of the Services or anything derived therefrom. You
may not use any other service to monetise content obtained from the Services or
anything derived therefrom. Homepages Online reserves the right to remove
Merchants or Networks from the Services for whatever reasons which may arise.
You acknowledge that Homepages Online may use its affiliate IDs to affiliate
links to merchants that you are not joined to. You acknowledge that the extent
to which you use the Services and/or the volume of Internet traffic through an
API and/or the volume of Internet traffic from your Properties through the
Services is expected to reflect the number of automated and online referrals of
your users to a Merchant. You acknowledge that Homepages Online may change the
usage restrictions at anytime if required to keep the Services usable. You may
not interfere with the operation of the Services or use the Services in any
manner which could damage, disable, overburden, or impair the Services or
interfere with any other party's use and enjoyment of the Services. Homepages
Online does not accept responsibility for any untracked sales. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Services. You may not
(nor will you authorise, enable, permit or otherwise facilitate any third party
to) reverse engineer, decompile, or disassemble the whole or any part of the
Services or anything derived therefrom. You acknowledge and agree that Homepages
Online may stop providing the Services or any part of the Services without prior
notice. Homepages Online 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 to remove any
information or materials, in whole or in part, at Homepages Online's sole
discretion.
PROPRIETARY RIGHTS
You acknowledge and agree that all Intellectual Property Rights in and to the
Services are owned and/or controlled and/or used under licence by Homepages
Online and nothing in this agreement shall constitute an assignment of such
rights by Homepages Online to you or any person. You acknowledge that all
Intellectual Property Rights including any pre-existing works and derivative
works of Homepages Online remain the proprietary property of Homepages Online.
Homepages Online shall grant you a gratuitous, non-exclusive licence to display
the works that Homepages Online creates for you and shall grant you a
non-exclusive, non-transferable, non-sub licensable, revocable license to use
the Services for the sole purpose of enabling you to use the Services in the
manner permitted by the Terms for the term of this agreement. You may not rent,
lease, sell, sub-licence the whole or any part of the Services, including any
accompanying printed materials. You undertake to notify Homepages Online as soon
as you become aware of any possible infringement by any person of any
Intellectual Property Rights owned and/or controlled and/or used under licence
by Homepages Online and to provide such assistance as may be reasonably
requested by Homepages Online in respect of such infringements.
MATERIALS YOU PROVIDE
Homepages Online does not claim ownership of the materials you provide to
Homepages Online (including without limitation any images, text, data,
photographs, graphics, logos, links, audio clips, audio files, chat video clips,
web casts, animations, feedback, or suggestions) or post, upload, input or
submit to any Services (the "Submissions"). However, by posting, uploading,
inputting, providing or submitting the Submissions you are granting Homepages
Online, its affiliated companies and necessary sub licensees permission to use
the Submissions in connection with the operation of their businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submissions. By
posting, uploading, inputting, providing or submitting your Submissions you
warrant and represent that you own or otherwise control all of the rights to
your Submissions including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions. You agree to use the
Services only to provide, post, upload, input or submit Submissions that are
proper and related to the particular Service. By way of example, and not as a
limitation, you agree that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information;
(c) upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents;
(d) upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
(e) advertise or offer to sell or buy any goods or services for any business
purpose, unless such Service specifically allows such messages;
(f) conduct or forward pyramid schemes or chain letters;
(g) conduct or forward surveys or contests, unless such Service specifically
allows such material;
(h) download any file posted by another user of a Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
(i) 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 uploaded;
(j) restrict or inhibit any other user from using and enjoying the Services;
(k) violate any code of conduct or other guidelines which may be applicable for
any particular Service;
(l) harvest or otherwise collect information about others, including email
addresses, without their consent; or
(m) violate any applicable laws or regulations.
Homepages Online has no obligation to monitor the Submissions. However,
Homepages Online reserves the right to review the Submissions and to remove any
Submissions, in whole or in part, at Homepages Online's sole discretion.
PAYMENT
For the Paid For Subscription Services, all accounts are set up on a prepay
basis and payments are to be made via PayPal. Payment is due monthly or annually
and is charged again at the end of the prepay period. All payments are to be
made in UK sterling and VAT will be added at the current rate where appropriate.
Fees charged on a prepay basis are non refundable. Homepages Online may
instantly suspend, delete or move your account to a Free Subscription if
subscription payment is cancelled or late. Homepages Online reserves the right
to change prices of its services at any time.
LIABILITY DISCLAIMER
The Services are provided "as is" and "as available", and Homepages Online makes
no express or implied representations or warranties, including without
limitation, regarding the usability, condition, accuracy, quality, purpose,
non-infringement, compatibility, security or accuracy or operation thereof. To
the maximum extent permitted by law, in no event shall Homepages Online be
liable for any direct, indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without limitation, damages for
loss of use, data, profits or business interruption arising out of or in any way
connected with the use or inability to use the Services. You shall indemnify and
hold harmless Homepages Online together with its parents, subsidiaries,
affiliates, directors, employees, officers and partners from any action, claim
or demand that may be brought against Homepages Online by a third party or any
other adverse consequence of any breach of this agreement or other liabilities
arising out of your use of the Services. If you are dissatisfied with any
portion of the Services, or with any of the Terms, your sole and exclusive
remedy is to discontinue using the Services. Should any provision of any Terms
that Homepages Online may enter with you be void, voidable or unenforceable on
grounds of illegality or as contrary to statute, public policy or ordre public
such provision shall be deemed never to have formed part of that agreement and
all other provisions shall remain in force. Homepages Online may cede, assign
and delegate all or any of its rights and obligations in the Terms to any third
party. Notwithstanding contrary clauses in the Terms, in the event that
Homepages Online is deemed liable to you for breach of the Terms, you agree that
Homepages Online's total aggregate liability to you for any claim in breach of
contract, tort, negligence or otherwise arising out of or in connection with
this agreement and the provision of the Services shall be limited to the price
paid by you in respect of the Services which are the subject of any such claim
and provided that you notify Homepages Online of any such claim within 1 year of
it arising. All indirect and consequential losses are excluded.
TERMINATION
Homepages Online reserves the right, in its sole discretion, to terminate your
access to the Services or any portion thereof at any time, without notice. Upon
termination of the Terms Homepages Online shall be entitled immediately to block
your use of the Services, to remove all your content from the Services and to
immediately delete all such data. Upon termination you will immediately cease
use of the Services and you will remove all instances of the Technology from
your Properties. Homepages Online shall further be entitled to post a notice in
respect of the non-availability of your Services as Homepages Online thinks fit.
PRIVACY
Homepages Online shall treat information collected from your use of the Services
in accordance with our Privacy Policy. Where the Services permit you to add
Technology to your Properties you agree that Homepages Online shall be entitled
to collect non-personally identifiable information from your users and shall be
entitled to assign cookies to your users. Such information and cookies shall be
used to operate, maintain and manage the Services, and to provide aggregate
reporting regarding use of the Services. You acknowledge that it is your
responsibility to inform your users about use of the Services in any way that
may be required including, but not limited to, an appropriate statement of
disclosure on your Properties. You must have and abide by an appropriate privacy
policy that clearly discloses that third parties may be placing and reading
cookies on your user's browser, or using web beacons and/or other methods to
collect information, in the course of the Technology being served on your
Properties.