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| Advertising Terms and Conditions |
1. Terms & Conditions 1.1 LocalKids Ltd has the right to update these Terms and Conditions at anytime. By accessing and or using www.LocalKids.co.uk all parties agree to be bound by the following “Terms and Conditions of Use”. If you do not agree, please do not use the Site. LocalKids Ltd grant you a personal, revocable, non-exclusive, non-transferable right to access and use the Site, for non-commercial use only. 1.2 The information contained on this website has been prepared solely for the purpose of providing information about LocalKids Ltd and the services that they offer. 1.3 By accessing this website you agree that LocalKids Ltd will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this website or from your access to other material on the internet via web links from this Site. LocalKids Ltd do not verify, endorse or take responsibility for the content accuracy, currency, completeness or quality of third party Sites. 1.4 LocalKids Ltd uses links to improve your experience of our website and will seek to make these links clear so that you know you have left our website. 1.5 Images, trademarks and brands displayed are protected by copyright, trademark and property laws and may not be reproduced or appropriated in any manner without written consent of their respective owners. 2. E-mails 2.1 LocalKids Ltd will make sure that the Site best serves your interest; LocalKids Ltd will have all rights to monitor, remove or change any postings or content. Nor shall LocalKids Ltd be liable for any loss or damages resulting from their use and or appearance on the Site. 2.2 Members will not e-mail any content that is threatening; unlawful, obscene, or otherwise harmful in any way, use false entry, impersonate or harass anyone. These are totally inappropriate for the Site. 2.3 Members will not use any content that contains computer viruses, codes or functions designed to be harmful to LocalKids Ltd website. 3. Competitions and Other Activities 3.1 LocalKids Ltd provides terms and conditions for certain activities on the Site including, without limitation, for competitions provided by LocalKids Ltd in conjunction with third parties. These Terms and Conditions of Use are incorporated by reference into those specific terms and conditions provided in respect of a particular activity. In the extent of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence. 4. Ownership of Intellectual Property Rights 4.1 “Intellectual Property Rights” shall mean all patents, trade marks, service marks, copyright, database right, service marks, trade names and design rights and similar proprietary rights worldwide whether registered or unregistered and all renewals and extensions. 4.2 All rights, title and interest in Intellectual Property Rights in the Site including without limitation games, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material or other elements and the selection and arrangement of all such elements (the "Material") are the property of LocalKids Ltd and are protected, without limitation, pursuant to UK and foreign Intellectual Property Rights laws. 4.3 LocalKids Ltd grants you a personal, non-exclusive, non-assignable and non-transferable licence to use and display, for non-commercial use only, one copy of select Material that we may offer to you via the Site from time to time including without limitation games, video-clips, screensavers and artwork provided that you maintain all copyright and other Intellectual Property Rights proprietary notices contained in such Material. 4.4 You agree not to copy, reproduce, modify, create derivative works from, display, publish, distribute, broadcast, transmit, sell, rent, sub-licence or circulate any Material and or part of or all of the Site to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of LocalKids Ltd. Use of LocalKids Ltd and or its licensors' Material is only permitted with express prior written permission of LocalKids Ltd. You further agree that you will not disassemble, decompile, reverse, engineer or otherwise modify the Material including without limitation software. 5. Posting information on the Site 5.1 Where LocalKids Ltd provides areas of the Site to allow users to post and exchange information, ideas, opinions and second hand goods ("Postings"), the Postings do not necessarily reflect the views of LocalKids Ltd. Except for clause 5.4, in no event shall LocalKids Ltd assume or have any responsibility or liability for any Postings nor shall LocalKids Ltd represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Postings nor shall LocalKids Ltd be liable for any loss or damages resulting from their use and or appearance on the Site. 5.2 By providing a Posting to the Site, you undertake, represent and warrant to LocalKids Ltd that you have all necessary rights in and to that Posting and all information it contains and that no such Posting will infringe any Intellectual Property Rights or other right of any third parties. 5.3 By submitting any Posting, you grant LocalKids Ltd a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Posting in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature. 5.4 LocalKids Ltd monitors Postings. LocalKids Ltd will make every effort to ensure that the Site best serves your interests and those of all users and, therefore, LocalKids Ltd will have the right to monitor, remove, suspend, destroy, use and change any Posting and or content that is available on or via any chat area or our Site generally, in any manner that LocalKids Ltd may determine, in its sole discretion, at any time. 5.5 You agree that you will not use any Posting and or any part or all of our Site to: 5.5.1 upload, post or e-mail any content that infringes any Intellectual Property Rights or other third party rights of any party; 5.5.2 upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and or other information that LocalKids Ltd deems in its sole discretion inappropriate for the Site; 5.5.3 harm children in any way including without limitation any offences in relation to grooming children online under UK law; 5.5.4 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 5.5.5 collect, store and or identify private or personal information of a user; 5.5.6 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation; 5.5.7 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and or the Site; 5.5.8 violate any applicable national or international laws or regulations. 5.6 You may use the Site for non-commercial purposes only. You may not submit Postings intended to promote and or generate revenue for yourself and or any third party business activity. 5.7 Where goods are posted on the Site LocalKids Ltd accepts no warranty or guarantee as to the quality, condition, safety or functionality of said goods. All such warranties must be borne by the individual (s) posting the goods. 6. Submissions 6.1 You grant LocalKids Ltd a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to any information (in addition to Postings) or other material including without limitation text, images, designs, audio and or video clips (“Submissions”) submitted by you to the Site (whether at the invitation of LocalKids Ltd or on an unsolicited basis) to use, reproduce, copy, adapt, transmit, broadcast, publish or delete as LocalKids Ltd in their discretion see fit. 6.2 You agree, in such circumstances, that you are not entitled to any compensation from LocalKids Ltd. 6.3 You undertake, represent and warrant to LocalKids Ltd that any such Submission is original to you, does not infringe the rights of any third party including without limitation Intellectual Property Rights and is not defamatory. You further agree to waive any moral rights and to assign any performance rights in any such Submission in relation to its use by LocalKids Ltd. 7. Disclaimer and Limitation of Liability 7.1 The Site and all materials contained on it are distributed and transmitted by LocalKids Ltd on an "as is" and "as available" basis, except to the extent required by law, LocalKids Ltd, its directors, employees, agents or sub-contractors (1) disclaims any and all express or implied representations, warranties and or conditions of any kind, including, but not limited to the implied conditions and or warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and or accuracy; (2) is not responsible or liable for any infection or contamination of your system arising out of or in connection with your use of the Site or any connected website and does not warrant that the Site, the server(s) that make the Site available or any connected website is free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components; (3) is not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any connected website or with respect to the material, postings or submissions contained on the Site; and (4) does not warrant that the Site, or any connected website, any materials, third party content, goods and services offered will be uninterrupted or error free. 7.2 Except for LocalKids Ltd’s responsibility to monitor postings, the entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material and use of and access to the Site or any connected website rests with you. 7.3 Except in the case of (1) wilful misconduct, (2) fraud and or (3) negligence resulting in death or personal injury, LocalKids Ltd and respective officers, directors, employees, agents, licensors, consultants, representatives, and or third party providers will not be liable for any loss or damage and or claims of any kind arising out of or in connection with the Site and or postings and or materials and or any connected website. 7.4 To the fullest extent permissible by law, LocalKids Ltd and respective officers, directors, employees, agents, licensors, consultants, representatives, and or third party providers will not be liable for any loss or damage and or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Site and or postings and or materials and or any connected website including, without limitation, (1) indirect or consequential loss; (2) loss of profits or revenue or savings or other economic loss; (3), incidental, direct, or special loss or similar damages; (4) loss of or damage to data; (5) loss of business or goodwill; and or (6) wasted or lost time, even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Notwithstanding the foregoing, in no event shall LocalKids Ltd's liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the Site. 8. Third Party Hyperlinks 8.1 The appearance of external hyperlinks and or other elements generated by third parties on the Site does not constitute endorsement by LocalKids Ltd of the opinions or views expressed by such third parties' websites. LocalKids Ltd does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ Sites. Furthermore, LocalKids Ltd is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ Sites. As such, LocalKids Ltd will be responsible for content provided on any third party website. 9. Indemnity 9.1 You agree to fully indemnify, defend and hold harmless LocalKids Ltd, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees, resulting from any breach of these Terms and Conditions of Use by you. LocalKids Ltd reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with LocalKids Ltd in defending any action or potential action. 10. Miscellaneous 10.1 These Terms and Conditions of Use contain the entire understanding between you and LocalKids Ltd and supersede all prior understanding of the user and LocalKids Ltd in respect of the user's use of the Site. 10.2 If any provision of these Terms and Conditions of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable. 10.3 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising shall be subject to the exclusive jurisdiction of the English courts. These Terms and Conditions of Use were last updated on 20th March 2006. Membership Terms and Conditions These terms & conditions are governed by English law and do not affect your statutory rights. By using the LocalKids card, you are deemed to accept these terms & conditions. Where these terms & conditions are modified by LocalKids Limited, members shall be informed of such modifications. If on reviewing the changes the member wishes to surrender their membership then this can be done with the rebate of any outstanding month’s membership fees. Membership Card (Branded as the LocalKids Discount Card) - Membership privileges will be extended by participating establishments only on the presentation of a valid membership card. Membership is open to individual UK residents aged 18 and over who have fully completed an application form. Usage - Please present your card at the point of service delivery. Certain organisations have some exclusion dates and times; please see establishment listing on our site for further details. Terms - Your membership card is valid until the end of the month of the expiry date as shown on your card. Your card is for your own personal use - Membership is not transferable. LocalKids Limited reserves the right to decline an application. Failure to comply with any of the terms and conditions detailed may result in your membership being terminated with only a partial refund of membership fees proportional to unused months of membership. The LocalKids card entitles the cardholder to special terms and benefits offered by each party enrolled in the programme. It is not a credit card or charge card. The cardholder shall immediately notify any changes of his/her name or address. Limitations of Liability - We do not accept any responsibility if any organisation breaches its agreement or refuses to accept the card, however we will attempt to secure compliance at all times. The membership card fee is non-refundable if lost or stolen. The membership card is the responsibility of the cardholder. You are advised to keep your card safe. Lost or damaged cards that require a replacement will be charged for the provision or supply of goods or services by third parties is subject to the relevant third party's own terms & conditions. LocalKids Limited will not be liable for any loss or damages arising from the provision or non-provision of goods or services over which LocalKids Limited has no control. All products and services offered are subject to availability. Restrictions - Membership discounts and benefits cannot be combined with any other offer and may be subject to availability Conditions Subject to Change - We reserve the right to change, modify or amend the conditions of membership. Such changes shall be communicated to the members. If on reviewing the changes, the member wishes to surrender their membership then this can be done with the rebate of any outstanding month’s membership fees. Permission - As a member I agree to being sent from time to time direct mail, including e-mail, or telephone calls informing me of promotional or new developments regarding my membership. I allow LocalKids Limited to retain on file the information provided by me for the duration of my membership and a six-month period thereafter. This information will be used solely by LocalKids Limited and NOT made available to any third party Refund Policy - Should you be unhappy with membership and return your membership within 30 days of purchase, we will refund your membership fee. These Terms and Conditions of Use were last updated on 20th March 2006.
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