This user agreement incorporates the terms and conditions which you agree to on each visit to the ShaftesburyAvenue.com website at http://shaftesburyavenue.com.
- User or you means anyone using and/ or visiting ShaftesburyAvenue.com for any purpose.
- Advertisers means either any person, organisation, company or third-party e.g. part of the Google Adsense programme, affiliate etc, whom is advertising on the website.
- We refers to the ShaftesburyAvenue.com team or its management, OY! Domains.
- Website means the website and all of the contents available on ShaftesburyAvenue.com.
- Post onto the website means taking part in any review, comment or listing submission, in any format, of any data which subsequently appears and can be viewed on the ShaftesburyAvenue.com website.
1. Use of Website
(1.1) All users can access the entire website and its contents. Users that wish to submit a listing, must register or log into the website using their credentials.
(1.2) The website is a portal. We do not check, control, validate, amend, edit or endorse any experiences, opinions, statements, recommendations, reviews, ratings or any other data or information provided by other users or advertisers nor any links to other websites or other information which is made available through the ShaftesburyAvenue.com website.
(1.3) Since the experiences, opinions, statements, recommendations, reviews, ratings, and information on the site are those of the users, we take no responsibility for checking or verifying such opinions, statements, recommendations, reviews or information.
(1.4) Any details of dates, venues etc relating to attractions or events are just a guide and we would advise that you contact the appropriate organisers/ suppliers directly.
(1.5) Any experiences, opinion, statement, recommendation, review, rating, any links to any websites or information will not form a guarantee or warranty and you agree we have no liability in this regard.
(1.6) When you click on any links you may be forwarded to third-party websites. We have no control or accept any responsibility over the third parties or any such websites.
(1.7) Advertisers are subject to separate Terms and Conditions which we can make available for you if you wish to see them. Please e-mail your request to email@example.com. However, we accept no responsibility or liability in this regard.
(1.8) You hold the ShaftesburyAvenue.com team or its management, OY! Domains free of all liability and responsibility for any actions, results or adverse situations created as a direct or indirect result of specific opinion, statement, rating, recommendation, review, information, referral or information or advice shown on the website.
(1.9) We make all practical and reasonable endeavours to supply the website by ensuring it is available on the Internet. We shall not be responsible for any failure to provide the website or any services or any unavailability.
(1.10) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
ShaftesburyAvenue.com and its management, OY! Domains reserves the right, without liability, to reject, remove and/ or cancel any information in the Listings that contain content or links which do not meet ShaftesburyAvenue.com’s specifications, at ShaftesburyAvenue.com’s sole discretion. Users agree to the following:
(2.1) The user hereby grants ShaftesburyAvenue.com and its affiliates the right to display listing information on our website. Failure by the ShaftesburyAvenue.com team or its management, OY! Domains to publish any listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
(2.2) The user’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the listing and shall give the ShaftesburyAvenue.com team or its management, OY! Domains the right to immediately terminate the applicable agreement.
(2.3) User is solely responsible for the content provided to ShaftesburyAvenue.com for a listing and any web site linked to from such information and shall indemnify ShaftesburyAvenue.com for all loss, costs, and damages in connection with any claims of infringement of any third party rights. The user represents, warrants and covenants to ShaftesburyAvenue.com that at all times, (a) it is authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this agreement does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by User and operated by User or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
(2.4) All listings must be located within a 15 minute (average) walking or 1 mile (maximum) distance of Shaftesbury Avenue, WC2H. All listing submissions that fall outside of this vicinity will be rejected.
(2.5) Public Announcements. The User hereby grants ShaftesburyAvenue.com and its management, OY! Domains permission to publicise the fact that it is a listing user of ShaftesburyAvenue.com in a press release. Use shall not use, display or modify ShaftesburyAvenue.com’s logos or copyright contents in any manner without the prior written consent of ShaftesburyAvenue.com and its management, OY! Domains.
3. Feedback, Comments, Reviews etc
(3.1) All users specifically agree not to abuse this system and that they are both expressly and solely liable for anything which they post onto the website.
(3.2) All users agree that anything they post onto the website, in any form will be honest, accurate, not misleading and does not amount to any misrepresentation, does not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information), whatsoever in nature, is not defamatory, libellous, discriminatory (in any form), is not purely self-promotion, is not abusive, offensive or obscene in language and/ or content, does not otherwise harass or invade the privacy of any individual or organisation, does not contain any restricted or password-only access page, or hidden pages or images (those not linked to or from another accessible page), does not engage in commercial activities and/ or sales (unless you have our specific and express written consent), does not promote or instruct as to any conduct as described above or which promotes any breach of this user agreement or any law and is not in any way illegal or contrary to any law. For reasons of verification, we expressly prohibit and exclude all comments made by users on our competitors.
(3.3) We do not tolerate unsolicited commercial communications, any junk mail, unsolicited mail such as spam or other such similar conduct and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
(3.4) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine the system of sharing of experiences, opinions, statements, recommendations, reviews, and any information.
(3.5) All users agree that any Post onto the website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by Shaftesbury Avenue.com, its management, OY! Domains and any other person or organisation without your permission and that it is not subject to any copyright unless specifically marked as such by you.
(3.6) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
4. Responsibility and Misuse
(4.1) In addition to all the other clauses contained herein, you agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used. This includes responsibility for the security of your user name and password (if registered).
(4.2) Furthermore you agree that you will not misuse the services in any way, and specifically, although not exclusively you:
(4.2.1) will not use any virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(4.2.2) will abide by any laws applicable to this agreement or the operation of it. In particular we refer to the use of; material or content we deem to be harmful, illegal or offensive; any infringement of intellectual rights and copyright; using the services for illegal purposes such as fraud or in any other crime. However all and any misuse is included.
(4.3) You confirm that you will not interfere or attempt to interfere with the proper working of the website nor any activities conducted on it.
(4.4) You also specifically confirm that you will:
(4.4.1) Notify the ShaftesburyAvenue.com team and/or its management, OY! Domains immediately of any unauthorised use including any unauthorised use of your registration/ account with the website or any other known or suspected breach of security.
(4.4.2) Immediately report to ShaftesburyAvenue.com team and/or its management, OY! Domains, but also to use reasonable efforts to immediately stop any misuse that is known or suspected by you.
(5.1) The website and all the basic content (including text, images, marks and logos) with the exception of experiences, opinions, statements, recommendations, reviews, ratings, and information posted on the site by individual users and advertisements is subject to copyright which belongs to ShaftesburyAvenue.com and its management, OY! Domains. This means that users have a licence to simply use the site but this does not convey to you any rights of ownership nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user or advertiser and ShaftesburyAvenue.com.
(5.2) Specifically, all users agree that without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from ShaftesburyAvenue.com. This specifically means you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet “links” to the service or “frame” or “mirror” any content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to ours.
(5.3) However, if we have specifically agreed, in writing, that you may use any documents, images or contents, you agree to use them only for the purposes that we have specifically agreed and that you will not construe this as enabling you in any way to breach clause (5.2) above.
6. Liability Disclaimer
(6.1) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the website or this user agreement.
(6.2) In the unlikely event that you have any right, claim or action against any other user or advertiser arising from that user’s or advertisers use of the website then you specifically agree to pursue that right, claim or action independently of and without recourse to ShaftesburyAvenue.com and/ or its management, OY! Domains.
(6.3) You (the user) specifically release ShaftesburyAvenue.com and/or its management, OY! Domains and any subsidiaries, agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
7. Queries and Complaints
(7.1) The ShaftesburyAvenue.com team aims to respond to any queries within 7 working days.
(7.2) If you have any complaints or objections to material or content including listings and reviews in the form of user posting or messages posted on this website, or if you believe that material or content posted on ShaftesburyAvenue.com infringes a copyright that you hold, please contact us immediately at firstname.lastname@example.org. Following the review and decision regarding compliants, we will take relevant action within a reasonable time frame.
(7.3) If any complaint may amount to a breach by ShaftesburyAvenue.com, the team or its management, OY! Domains, then you must allow us 30 days to take appropriate action to remedy that breach.
8. Cancellation & Suspension
(8.1) We may suspend or terminate your registration or account at our own discretion, either with or without notice.
(8.2) Particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this users agreement.
(8.3) We also reserve the right to cancel, delete or otherwise remove any advertisement or any experiences, opinions, statements, recommendations, reviews, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the website without giving reason.
Each clause or any part of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
10. General Provisions
(10.1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and the ShaftesburyAvenue.com team or its management, OY! Domains.
(10.2) We reserve the right to vary our terms and conditions at any time and such variation takes effect as soon as they are posted on ShaftesburyAvenue.com.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.