Terms & Conditions
Welcome to the Weboptimiser Media Ltd web site http://www.weboptimiser.com (the "Site"). The Site, as well as the websites of our affiliates and subsidiaries, are currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilising our Site(s).
The terms "Weboptimiser.com", "Weboptimiser.co.uk", "Weboptimiser", "we", "us", and "our" refer to Weboptimiser Media Ltd., and its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you may have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Privacy
Please review our Privacy and Security statement, which also governs your visit to the Site, to understand our practices.
Copyright
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
You may not upload, post, reproduce, or distribute in any way content protected by copyright, orother proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
All trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Weboptimiser.
Site access you may not download (other than page caching) or modify the Site or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our expressed written consent.
Your account If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Risk of loss All items purchased from us are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links We are not responsible for the content of any sites that may be linked to or from the Site, or any bulletin board associated with the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from the Site, and the Site has no control over the content of that other website. In addition, a link to any other web site does not imply that the Site endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the Site of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liabilityThe Site is provided on an "AS IS," "as available" basis. Neither the Site, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither Weboptimiser Media Ltd, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use.
Weboptimiser specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Weboptimiser Media Ltd or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk. Under no circumstances shall Weboptimiser Media Ltd or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Weboptimiser Media Ltd records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Weboptimiser Media Ltd has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some countries and some members of the united states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer or Associates for details.
Online conduct You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through Weboptimiser Media Ltd any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Weboptimiser Media Ltd may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Weboptimiser Media Ltd ; or (iii) to protect the rights or property of Weboptimiser Media Ltd, its Associates, and you. We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, Weboptimiser Media Ltd, the communities that make up Weboptimiser Media Ltd, or any rights of Weboptimiser Media Ltd or any third party. Notwithstanding the foregoing, neither Weboptimiser Media Ltd nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Weboptimiser Media Ltd, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on Weboptimiser Media Ltd.
Termination of usage We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or Weboptimiser Media Ltd.
Usage by children under 18 We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT OR SERVICE FROM WEBOPTIMISER MEDIA LTD, YOU ARE REPRESENTING TO WEBOPTIMISER THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
Applicable law By visiting the Site, you agree that British law, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Weboptimiser Media Ltd or its affiliates and subsidiaries.
Disputes Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in London, UK, except that, to the extent you have in any manner violated or threatened to violate Weboptimiser Media Ltd's intellectual property rights, Weboptimiser Media Ltd may seek injunctive or other appropriate relief in any part of the UK, and you consent to exclusive jurisdiction and venue in such courts.
Please review our other policies, such as our Privacy and Security Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Weboptimiser Media Ltd
