Advertising Terms and Conditions
General Terms
These are the terms and conditions of The Local Channel Limited governing Listings, Webspace, Links and Advertisements provided by You for display on the Local Channel web site via The Local Channel Search Engine. These Terms and Conditions constitute a legally binding agreement between You and The Local Channel Limited. They include certain promises by You about the content You provide. Failure to comply with these Terms and Conditions could lead to removal of Your content and possibly legal action against You. You should read them carefully before You provide any content and You should seek legal advice if You are in doubt about their meaning or effect.
  1. Approval of contributors
  2. Listings and Enhanced Listings
  3. Webspace
  4. Advertisements including classifieds
  5. Rules about Your Contents
  6. Removal of Listings, Enhanced Listings Webspace, Links Advertisements and classifieds
  7. Liability
  8. Framing
  9. Definitions and other rules about how to interpret these Terms and Conditions

Your use of The Local Channel Webspace is governed by The Local Channel General Terms and Conditions. These Terms and Conditions are in addition to those, which continue to apply. In the event of any inconsistency between The Local Channel General Terms and Conditions and these, these shall prevail.

We will carry Your Content on The Local Channel Web site in Listings, Webspace and/or Advertisements subject to these Terms and Conditions. Some of these are provided nil charge and some You must pay for. In order to protect Us and Our other users there are a number of rules and restrictions relating to what You can include in Your Content. In order to make these Terms and Conditions shorter and simpler and to avoid repetition, certain defined terms are used.

These Terms and Conditions are structured as follows



Approval of contributors

1.1 When You register with Us, or at any time after that, We retain the right to perform reasonable checks on the information You provide and by registering with Us You consent to Us doing so. We reserve the right to refuse to register any person or to allow any person a Listing, a Webspace, or an Advertisement.

1.2 In addition to the above, usage of Your personal information is governed by The Local Channel Privacy Policy.

1.3 To place advertising (particularly classifieds) you must be aged over 16. People under 16 who wish to place advertising must have the permission their parent or guardian.

1.4 It is your duty as a Registered User of The Local Channel web site to alert the webmaster@thelocalchannel.ltd.uk if you find any material on the site which breaches these terms and conditions.

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Listings and Enhanced Listings

2.1 Subject to section 5.4, the information provided by Registered Users shall be included as a listing in certain search results produced by The Local Channel Search Engine as specified in this section 2. The following Content, provided by the Registered User shall be included in a listing:

(a) Trading name of Registered User's business or organisation

(b) 150 character text description of Registered User's business or organisation

(c) contact name & telephone number.

(the above is referred to as a "Listing")

2.1.1 An Enhanced Listing comprises:

(a) Trading name of Registered User's business or organisation

(b) 150 character text description of Registered User's business or organisation

(c) contact name & telephone number.

(d) email or url

(the above is referred to as an "Enhanced Listing")

2.2 Each Registered User shall only be entitled to one Listing within the parish where the business or organisation is located at nil charge. On registration, a Registered User shall select a business category from a list of options provided by Us.

2.3 A Listing shall be searchable using The Local Channel Search Engine by specifying trading name or selecting a business category from a list provided by Us. The search results for a Listing shall be a list sorted alphabetically in order of trading name or business category, depending which was used as the search criteria.

2.4 Users of The Local Channel Search Engine shall be able to specify whether they wish to see Listings from a specified parish or from a specified area. A Listing shall only be included in the search results if the parish of the Registered User as provided on registration matches the parish selected or falls within the area selected. A Listing shall not appear otherwise on any Local Channel Web Site.

2.5 A Registered User shall be entitled to change the Content included in the Listing at any time. All Content included at any time shall remain subject to these Terms and Conditions.

2.6 We shall have no obligations regarding Content, positioning, size or appearance of any Listing, or variety of business categories available, except as expressly set out in these Terms and Conditions.

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Webspace

3.1 All Registered Users shall be entitled to use The Local Channel Webspace Builder to build a webspace. The following Content, provided by the Registered User, shall be included in a webspace: From between one and ten sub section which can include an image on each section. webspace (the above is referred to as a "Web s space")

3.2 A Webspace shall only be available via a link from the Registered User's Listing (which shall appear on The Local Channel Webspace in accordance with section 2). When the link is activated by a user, the Webspace shall appear covering the entire browser window in which The Local Channel Web Site is open but shall be framed by The Local Channel Frame.

3.3 A Registered User who has built a Webspace shall be entitled to change the Content included in the Webspace using The Local Channel Webspace facilities. All Content included at any time shall remain subject to these Terms and Conditions.

3.4 We shall have no obligations regarding Content, positioning, size or appearance of any Webspace except as expressly set out in these Terms and Conditions.

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Advertising Terms & Conditions

4.1 The following terms and conditions ("Advertising Terms and Conditions") are deemed to be incorporated into each advertising insertion order ("Insertion Order") accepted by The Local Channel ltd.

4.2 No Assignment or Resale of Ad Space The parties may not resell, assign or transfer any of its rights hereunder. Any attempt to resell, assign or transfer such rights will entitle the other party to terminate this contract immediately, without liability on the part of the terminating party.

4.3 License

4.3.1 The Advertiser hereby grants to TLC a worldwide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all contents, trademarks and brand features contained therein) in accordance with the Insertion Order and these Advertising Terms and Conditions.

4.3.2 Except as otherwise expressly provided in the Insertion Order, positioning of advertisements within the TLC properties or on any page is at the sole discretion of TLC.

4.3.3 TLC will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.

4.3.4 TLC does not warrant the date or dates of insertion of the advertisement(s) and does not warrant that the advertisement(s) will not be displayed after the end date specified. However, TLC will use reasonable efforts to comply with the Advertiser's wishes in these regards.

4.3.5 The Advertiser grants to TLC the express right to reproduce throughout the world screen shots of all or part of any TLC property containing all or part of any of the advertising materials supplied by the Advertiser to TLC on or in any promotional or advertising material or campaign promoting or advertising.

4.4 Usage Statistics

4.4.1 Notwithstanding the provisions of the Insertion Order, the Advertiser acknowledges that TLC has not made any guarantees with respect to usage statistics, which include, without limitation, levels of impressions or click-throughs for any advertisement or for any position specified for each advertisement. Where a greater level of impressions or click-throughs has been delivered against any position specified, the over-delivery will be used to offset any shortfall in the level of impressions or click-throughs delivered against another position specified. TLC provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and TLC will not be held liable for any claims relating to any usage statistics however supplied. The Advertiser acknowledges that usage statistics provided by TLC are the official, definitive measurements of TLC's performance on any delivery obligations provided in the Insertion Order.

4.5 Limitation of Liability

4.5.1 If TLC fails to publish any advertisement or deliver the number of impressions or click-throughs as provided in the Insertion Order (or in the event of any other failure, technical or otherwise, of such advertisement to appear as provided in the Insertion Order), TLC's liability will be limited (at the option of TLC) to either:

4.5.1.1 a) publishing the advertisement (or a replacement advertisement if provided by the Advertiser) on positions agreed in the Insertion Order or as agreed with Advertiser as soon as is reasonably practicable in the period following the period during which the advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions or click-throughs of equivalent monetary value to the shortfall; or

4.5.1.2 b) refund to the Advertiser that proportion of the amounts paid which relate to those advertisements and/or impressions or click-throughs which were not provided, and if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable. TLC will only provide a refund to the Advertiser under clause 4.5.1.2.(b) if: (i) the creative arrived within the time limits specified in the Insertion Order; (ii) the creative performed in accordance with TLC's technical specifications; and (iii) cancellations and changes to media schedules were notified in a timely manner.

4.5.2 In no event will TLC be responsible in contract, tort, negligence or otherwise, for: (a) loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or (b) any indirect, consequential, special or economic loss of any kind; arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Insertion Order.

4.5.3 Where the Advertiser uses a third party server to serve advertisements to TLC: (i) TLC will have no liability and the Advertiser will hold only the third party server (and not TLC) liable for the failure to publish any advertisement or deliver the number of impressions or click-throughs as provided in the Insertion Order or any other loss of any kind suffered by the Advertiser where those failures or losses are due to or arise out of or in connection with any act or omission of the third party server; and (ii) the statistics provided by TLC are the official and definitive measurements. TLC reserves the right to terminate at TLC's sole discretion the right of the third party server to serve the Advertiser's advertisements to TLC's network. In the event of such termination, TLC may serve the advertisements instead.

4.5.4 Without limiting the foregoing, TLC will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of TLC affecting production or delivery in any manner.

4.5.5 We do not, and nothing in these Terms and Conditions shall act to, exclude or limit Our liability for (a) death or personal injury resulting from Our negligence, (b) fraud or (c) any other liability which may not by applicable law be excluded or limited.

4.5.6 Each of the provisions of this clause 4.5 are to be construed separately and independently of the other, and if any provision of this clause 4.5 (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this clause 4.5 (or any other clause herein) which will remain in full force and effect.

4.6 Warrants

4.6.1.1 The Advertiser warrants and represents to TLC that: It has the right to publish all of the contents of the advertisements, and can grant to TLC such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation. The advertisements do not contain anything that is defamatory, obscene, false or misleading. .

4.6.1.2 The Advertiser warrants and represents to TLC that: It has the right to publish all of the contents of the advertisements, and can grant to TLC such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation. The advertisements do not contain anything that is defamatory, obscene, false or misleading. .

4.6.2 Neither the Products, the Promotions, the Advertiser Site nor any data processing in relation thereto shall breach any applicable law, regulation, code of conduct or any third-party right (including without limitation by being obscene, defamatory or infringing any copyright, trade mark or other proprietary right).

4.6.3 Advertiser shall ensure that the Promotions and the Advertiser Site shall not (i) disparage TLC or its Affiliates or (ii) state or imply that TLC or its Affiliates endorse the Products.

4.6.4 It does not collect or use personal information through its Advertisements on any TLC property without permission from the user. The Advertiser may not combine, co-mingle, compare or match any information that they legally collect via its Advertisements on any TLC property with any personal information, clickstream or cookie information that they may have.

4.6.5 The Advertiser agrees to indemnify and keep indemnified TLC and hold TLC harmless against any and all expenses, damages costs (including reasonable legal fees and costs) and losses of any kind incurred by TLC in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices) arising from the advertisement and /or any material (of the Advertiser or otherwise) to which users can link through the advertisement.

4.7 Right to Reject Advertisement

4.7.1 All contents of advertisements are subject to TLC's approval. TLC does not undertake to review the contents of any advertisements and any such review of and/or approval by TLC will not be deemed to constitute an acceptance by TLC that such advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of TLC's rights hereunder. TLC reserves the right at any time in its absolute discretion to:

4.7.1.1 Reject or cancel any advertisement, webspace, Insertion Order, URL link, space reservation or position commitment; and/ or

4.7.1.2 Remove any advertisement, webspace, or link from any of the TLC properties or any page.

4.8 Confidentiality and Public Announcements

4.8.1 The provisions of the Insertion Order and all communications passing between the Advertiser or any of its agents and TLC are confidential and must not be disclosed to any third party except: (a) by the Advertiser to its qualified accountants or legal advisers; (b) by TLC to its qualified accountants or legal advisers; or (c) as otherwise agreed by the parties in writing or as otherwise required by law.

4.8.2 If the parties have executed a non-disclosure agreement prior to the date of this Agreement ("Non-Disclosure Agreement"), then: (a) the Non-Disclosure Agreement is hereby incorporated into this Advertising Terms and Conditions by reference whether or not it is attached to the Insertion Order; and (b) each party must comply with its obligations in the Non-Disclosure Agreement.

4.9 Navigation Back to TLC

4.9.1 Navigation back to the TLC Services from the Advertiser Site is by way of closing of the active window within which the advertisers' site is displayed. The Advertiser shall ensure that such return navigation is not interrupted by use of any intermediate screen or other device not specifically requested by the user. This includes without limitation use of any html pop-up window.

4.10 Licence

4.10.1 Advertiser grants to TLC the right to link to the Advertiser Site and the right to display, reproduce, distribute, transmit and otherwise howsoever use the Promotions and any content on the Advertiser Site on or through the TLC Network and in TLC marketing materials.

4.11 Payments

4.11.1 Payment for Listings, Webspace, Links and Advertisements shall normally be in advance, and by cheque or credit card.

4.11.2 At the sole discretion of TLC, credit facilities may be agreed, in advance, and in writing between the advertiser and TLC. In such circumstances

4.11.3 Where credit facilities have been agreed (4.12.2) the Advertiser shall pay TLC (without any right to withhold or set-off) all amounts set out in the Insertion Order within 30 days of the date of invoice by TLC, unless another due date is stipulated in the Insertion Order ("Payment Due Date"). (b) TLC shall not refund amounts paid by Advertiser except to the extent expressly permitted by clause 4.5.1.2 of these Standard Terms. (c) TLC shall be entitled to charge interest on all sums which remain outstanding after the date on which they fall due at a rate of 3% above the base lending rate of National Westminster Bank plc or its successors, as varied from time to time, such interest to accrue on a daily basis from the Payment Due Date until the date of actual payment. (d) All amounts specified in this Agreement are net of any value added, income, withholding, sales, use, excise, import, export or similar taxes or duties payable in any applicable jurisdiction ("Taxes") and Advertiser shall pay all Taxes thereon at the rate and in the manner prescribed by law. Advertiser shall collect and pay (and indemnify and hold TLC harmless from) any Taxes arising from or related to the Promotions and/or the Advertiser Site, including any penalties and interest, as well as any costs associated with collection or withholding thereof, including TLC's legal fees. Listings are provided at nil charge within the parish. Enhanced listings and additional out of parish listings can be purchased.

4.12 Consumer Protection (Distance Selling) Regulations 2000.

The Webspace Contract and any Advertisement Contracts will allow for any rights You may have under the Consumer Protection (Distance Selling) Regulations 2000 including a cooling-off period.

4.13 Targeting Users.

4.13.1 (a) Unless expressly permitted by TLC, Advertiser shall not display or send any User Communication where such User Communication is sent or displayed to recipients due wholly or partly to the fact that such recipients are Users.

4.13.2 (b) No User Communication shall contain any reference to TLC, its Affiliates or any of their trade marks unless such reference is editorial or is expressly permitted by TLC.

4.14 Representations and Warranties.

4.14.1 (a) Notwithstanding that Advertiser may be acting through an advertising agency or media buyer or other representative whatsoever, Advertiser represents and warrants that it contracts with TLC as principal.

4.14.2 (b) Each party represents and warrants that: (i) it has the full corporate right, power and authority to enter into the Agreement and to perform the acts required of it hereunder; and (ii) the execution of the Agreement by it, and the performance of its obligations and duties hereunder, do not and will not breach any agreement to which it is a party or by which it is otherwise bound.

4.15 Termination, Suspension and Delays.

4.15.1 Cancellations and Construction. The Advertiser cannot cancel the Insertion Order save as expressly provided for within these terms and conditions. No conditions other than those set forth in the Insertion Order or these Advertising Terms and Conditions will be binding on TLC unless expressly agreed to in writing by an authorised representative of TLC. In the event of any inconsistency between the Insertion Order and these Advertising Terms and Conditions, these Advertising Terms and Conditions will prevail.

4.15.2 In addition to any rights under the terms of the Insertion Order, the following shall apply:

4.15.3 Termination for Certain Breaches. TLC may terminate this Agreement immediately and without notice if Advertiser fails to pay any sum by any Payment Due Date, or breaches clause 4.6 or 4.13.

4.15.4 Additional Rights of Termination and Suspension. TLC is entitled to (a) terminate this Agreement on 30 days notice to Advertiser without cause whereupon Advertiser shall be responsible for payment of the pro-rata portion of payments due from the commencement of the Insertion Order to the date of termination; (b) immediately suspend any Promotions, where the display of such Promotions is (i) likely, in TLC's reasonable judgement to adversely affect any operation of the TLC Network, or (ii) expose TLC or its Affiliates to liability or other adverse consequences.

4.15.5 Effect of Termination. Save where otherwise expressly stated, or where termination is as a result of TLC's uncured material breach, Advertiser shall remain liable for all sums due and payable during the full Term of the Agreement (which shall become payable within 14 days of the date of termination) and, Advertiser shall lose the entitlement to any remaining Impressions or other performance due by TLC under the Agreement.

4.15.6 Survival. Clauses 4.2, 4.3, 4.5, 4.6, 4.8, 4.11 shall survive the expiry or termination of this Agreement. Any termination of this Agreement shall be without prejudice to any rights and payment obligations accrued in favour of either party prior to or upon the date of such termination.

4.16 Classified Advertisements

4.16.1 With respect to Classified Advertisements specifically, all the aforementioned Terms and Conditions apply. In addition TLC draws advertisers' attention to the following

4.16.2 It is illegal for businesses and sole traders to pretend to be making a private offer and you risk prosecution under the Business Advertisement Disclosure Order 1977.

4.16.3 Property Advertisements

It is illegal for businesses and sole traders to pretend to be making a private offer and you risk prosecution under the Business Advertisement Disclosure Order 1977.

4.16.3.1 Property advertisements are governed by strict criteria and you should be careful about how you describe your property. The Local Channel advise you to refer to the Property Misdescriptions Act

4.16.4 Recruitment Advertisements

It is illegal for businesses and sole traders to pretend to be making a private offer and you risk prosecution under the Business Advertisement Disclosure Order 1977.

4.16.4.1 Applicants for jobs advertised by third parties on TLC should ensure that they have the relevant residential and domicile qualifications to work in the UK. Potential employers (or their agents) should satisfy themselves that applicants are entitled to seek employment within the UK.

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5. Rules about Your Content

5.1 You must not include in any Listing, Webspace, Link or Advertisement any Content that is prohibited under The Local Channel General Terms and Conditions nor may you use any Listing, Webspace, Link or Advertisement for any purpose prohibited under The Local Channel General Terms and Conditions.

5.2 In particular, You must only create and use Your Listings, Webspace, Links or Advertisements for lawful purposes, and You must comply with all applicable laws, statutes, regulations and rights of others. You must not create or use any Listing, Webspace, Links or Advertisement to:

(a) commit fraud, any other criminal offence or any other unlawful act;

(b) post, upload or otherwise transmit or direct others to, information or pictures that are obscene, indecent or pornographic, menacing or threatening, menacing, racist, offensive, abusive, defamatory or otherwise unlawful;

(c) upload or download any files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(d) harass, stalk, threaten, cause annoyance or needless anxiety or otherwise violate the rights of others;

(e) hold Yourself out, or hold out any goods or services offered for sale by You, as being endorsed by, associated with, or part of, The Local Channel Group, or impersonate anyone else or otherwise misrepresent Your identity or status;

(f) hack into a Local Channel Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying The Local Channel Services or any other web site or damage or destroy the reputation of The Local Channel or any third party;

(g) except in accordance with The Data Protection Act 1998 and all other applicable data protection laws, collect and process others' personal data;

5.3 Legal, decent, honest and truthful. All Your Content (including text and photographs) must be legal, decent, honest and truthful and comply with the British Code of Advertising Standards Authority and all other applicable regulations and codes of practice. You agree that all classified advertisements placed by you are done so at your sole risk and you are responsible for their content.

5.4 Right to refuse content.

We reserve the right in Our absolute discretion to refuse to accept any Listings, Webspace, Links or Advertisements, whether to be hosted under a Webspace Contract or Advertisement Contract, including any that relate to any of the following:

(a) Weapons including cross bows, knives, air guns, shotguns, handguns, rifles, ammunition, de-activated weapons or replica guns, antique guns or knives;

(b) Endangered or protected species of Animals and animal products (c) Copied software or modified access cards, any software not accompanied with a valid licence or authentication, any modified smart cards, Playstations©, D2Mac© cards, set top boxes, or other modified satellite or cable access cards;

(d) Home work schemes or any opportunity that implies a guarantee to make a large income; or

(e) Adult services and products including escort Agencies, adult videos, and adult toys.

5.5 Conditions for acceptance.

We may in Our absolute discretion require proof that certain conditions are met before We can accept some Listings, Webspace, Links or Advertisements. For example but not limited to:

(a) We may require that tickets are only advertised at face value or below, such face value to be stated;

(b) We may require that persons holding themselves out as having certain professional qualifications produce proof of such qualifications; or

(c) We may require proof that applicable duties have been paid on goods advertised, such as alcohol or tobacco products.

5.6 We accept no obligation to monitor Your Content although We reserve the right to do so. We reserve the right to disclose any of Your Content or information about You as required by law and/or to block Your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions or any breach of applicable law or regulation. We will also in Our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

5.7 Warranty of content. You warrant that You are entitled to post all Your Content and You acknowledge that We are not able to verify the truthfulness of Your Content. You agree that questions and complaints from persons accessing any of Your Content or using any goods or services offered by You in any Listing, Webspace, Link or Advertisement are Your exclusive responsibility. You hereby indemnify and hold Us harmless from any losses, damages, claims, demands, suits, liabilities and expenses (including reasonable legal fees) that arise out of or resulting from the publication of any of Your Content on a Local Channel Site.

5.8 Licence. You warrant that You are entitled to post all Your Content and You acknowledge that We are not able to verify the truthfulness of Your Content. You agree that questions and complaints from persons accessing any of Your Content or using any goods or services offered by You in any Listing, Webspace, Link or Advertisement are Your exclusive responsibility. You hereby indemnify and hold Us harmless from any losses, damages, claims, demands, suits, liabilities and expenses (including reasonable legal fees) that arise out of or resulting from the publication of any of Your Content on a Local Channel Site.

5.9 Notification of legal proceedings, or threat of legal proceedings.You warrant that You are entitled to post all Your Content and You acknowledge that We are not able to verify the truthfulness of Your Content. You agree that questions and complaints from persons accessing any of Your Content or using any goods or services offered by You in any Listing, Webspace, Link or Advertisement are Your exclusive responsibility. You hereby indemnify and hold Us harmless from any losses, damages, claims, demands, suits, liabilities and expenses (including reasonable legal fees) that arise out of or resulting from the publication of any of Your Content on a Local Channel Site.

5.10 Any changes to Your Content made using Your password will be treated as having been made by You.

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Removal of Listings, Webspace, Links and Advertisements

6.1 Subject to section 6.2, We reserve the right at any time to remove Your Listing, Your Webspace, Your Links or any of Your Advertisements for any reason without any compensation or other payment to You (section 4.14.1 relating specifically to removal of advertising content also applies) It is technically impossible for The Local Channel web site to charge for an advertisement and fail to show it.

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Liability

7.1 We shall provide the services covered by these Terms and Conditions with reasonable care and skill. However, We may suspend the operation of The Local Channel Webspace or any part of any Local Channel Site including any Listings, Webspace, Links or Advertisements for repair or maintenance work or in order to update or upgrade the contents or functionality from time to time. Access to or use of any Listings, Webspace, Links or Advertisements or to any other part of The Local Channel Webspace including The Local Channel Webspace Builder will not necessarily be uninterrupted or error free.

7.2 You acknowledge that the Local Channel Web site and Webspace are available throughout the world.

7.3 We do not, and nothing in these Terms and Conditions shall act to, exclude or limit Our liability for (a) death or personal injury resulting from Our negligence, (b) fraud or (c) any other liability which may not by applicable law be excluded or limited. This section repeats and reinforces section 4.5.5 in Advertising Terms & Conditions

7.4 Subject to section 7.3, in no event shall We be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising, even if We have been advised of the possibility of such losses or damages.

7.5 Subject to section 7.3:

(a) Our liability to You whether in contract, tort or otherwise in respect of any removal of Your Listing, Your Webspace, Your Links or any of Your Advertisements is limited to the fees received by Us from You in respect of the unexpired period of time covered by those fees; and (b) Our aggregate liability to You whether in contract, tort or otherwise is limited to any amount paid by You to Us in the previous 12 months or, if this is less than £250 or does not apply at the time The Local Channel's liability arose, to £250.

7.6 Subject to section 7.3, the express warranties and undertakings contained in this agreement are in lieu of and to the exclusion to the fullest extent permitted by law of all other representations, warranties, conditions and terms, written or oral, express or implied, statutory or otherwise, including, but not limited to, any implied warranties or terms as to accuracy, quality, fitness for a purpose, non-infringement of third party rights or level of skill and care employed in relation to The Local Channel Services.

7.7 We may change the format and content of the Local Channel Webspace from time to time including Listings, Webspace, Links, and Advertisements. You should refresh Your browser each time You visit the Site to ensure that You download the most up to date version of the Site.

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Framing

8.1 The contents of the Local Channel Frame shall be at the entire discretion of The Local Channel

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Definitions and other rules about how to interpret these Terms and Conditions

9.1 To make these Terms and Conditions shorter and simpler and to avoid repetition, certain defined terms are used. These are listed below:

"Advertisement" An advertisement or banner that could be used on The Local Channel Site to advertise a companies goods or services within the terms of the Advertisment Contract.
"Advertisement Contract" Defined in section 6.
"Registered User" A person that has successfully registered on a Local Channel Site and who has been approved by The Local Channel in accordance with section 1.
"Content" means information, text, software, images, photos, video, graphics, sound, music and all other material.
"Listing and Enhanced Listing" Defined in section 2.
"Link" Means a hyperlink inserted on The Local Channel Site which will open a new browser window taking the user directly to an advertisers web site.
"Webspace" Defined in section 3.
"Paid Period" means any period during which there is a Site Contract or an Advertisement Contract in force between You and Us.
"The Local Channel Frame" means the frame applied by The Local Channel to the browser window in which The Local Channel Web Site is open.
"The Local Channel" means The Local Channel Limited, whose registered office is currently at Templars House, Lulworth Close, Chandlers Ford, Hampshire, SO53 3TL.
"The Local Channel Group" means The Local Channel Limited, any subsidiary or holding company of The Local Channel Limited and any other subsidiary of that holding company.
"The Local Channel Web Space Builder" means the service available on The Local Channel Sites allowing the building of a Web Space.
"The Local Channel Search Engine" means the search engine provided on The Local Channel Webspace.
"Local Channel Services" means all Content and services provided by or on behalf of The Local Channel on the Local Channel Webspace.
"The Local Channel Webspace" means this site and all other webspace operated by or on behalf of The Local Channel.
"You" and "Your" means You and includes any person acting under Your authority.
"Your Content" means Content that has been provided by You including any Content for inclusion in a Listing, a Webspace or an Advertisement.
"We", "Our" and "Us" means The Local Channel.

9.2 We may change these Terms and Conditions from time to time and will endeavour to notify You of any major changes by posting a message on The Local Channel Webspace. By browsing a Local Channel Site You are accepting that You are bound by the then current version of these Terms and Conditions. You should check these each time You visit a Local Channel Site. Variations to a Webspace Contract or Advertisement Contract shall not be effective unless they are in writing and signed on behalf of both parties.

9.3 These Terms and Conditions and The Local Channel General Terms and Conditions (including The Local Channel Privacy Policy) form the entire understanding between You and Us and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing Our rights under these Terms and Conditions without losing them. You agree that We may sub-contract the performance of any of Our obligations or may assign these Terms and Conditions or any of Our rights or obligations without giving You notice.

9.4 We will not be liable to You for any breach of these Terms and Conditions which arises because of any circumstances which We cannot reasonably be expected to control. You agree that, in accordance with the Contracts (Rights of Third Parties) Act 1999, the parties intend that no term of this agreement may be enforced by a third party.

9.5 All promotions are subject to availability and inventory. We reserve the right to change, alter, or cancel promotions at any time without notice.

9.6 Nothing in these Terms and Conditions shall create a partnership or agency between the parties or give the rights of a partner or agent to either party.

9.7 These Terms and Conditions shall be governed and interpreted in accordance with English law, and You consent to the non-exclusive jurisdiction of the English courts.

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