| 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. |
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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 |
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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 |
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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:
(the above is referred to as a "Listing")
(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 |
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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 |
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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
4.4 Usage Statistics
4.5 Limitation of Liability
4.6 Warrants
4.7 Right to Reject Advertisement
4.8 Confidentiality and Public Announcements
4.9 Navigation Back to TLC
4.10 Licence
4.11 Payments
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.
4.14 Representations and Warranties.
4.15 Termination, Suspension and Delays.
4.16 Classified Advertisements
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| 5. Rules about Your Content |
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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:
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.
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:
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 |
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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 |
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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:
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 |
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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 | ||||||||||||||||||||||||||||||||||||
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9.1 To make these Terms and Conditions shorter and simpler and to avoid repetition, certain defined terms are used. These are listed below:
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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