User Terms (Last Updated: September 2013)
We (LSSi Europe Limited or 'LSSi') provide the USplaces.com ™ website.
We are a limited company registered in England and Wales (registration number 4616907) and our registered office is at Dolphin House, 140 Windmill Road, Sunbury-on Thames, Middlesex TW16 7HT, England.
Terms and Conditions and Acceptance
These terms and conditions ("Terms") govern the use of the USplaces.com ™
website or any part of it ("the Site"). LSSi may modify the Terms from time to time and you are advised to keep up to date with any changes by regularly reviewing the Terms.
By using the Site you agree - without any limitation or qualification - to be bound by the Terms. If you do not agree with these Terms and Conditions, you may not use the Site.
Use of the site
- The Site may contain links to other LSSi sites or to third party sites which may be subject to separate terms and conditions.
- Any links to third party websites from the Site do not amount to any endorsement of that site by LSSi and any use of that site by you is at your own risk.
- You may NOT use the Site or any content included in the Site
- for any unlawful purpose;
- to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to LSSi;
- to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
- to provide any kind of commercial information service;
- as a source of material or contact data for any kind of marketing activity;
- in any other commercial way
- to tamper with, update or change any part of the website;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on LSSi's communications and technical systems as determined by us; or
- using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
- You must not artificially increase the number of click counts or click-throughs for any advertisement or advertiser, including by:
- any manual means (such as repeatedly clicking on adverts or refreshing pages);
- any automated means (such as computer-generated search requests or similar devices); or
- asking someone to carry out these activities (including by offering any benefit or incentive).
We have the right to investigate your online activities for 'click-fraud' or any similar activity. You agree to provide reasonable help with these matters.
- Please be aware of the following:
- You use the Site at your own risk.
- We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organizations you search for using the website. We also recommend that you check the qualifications of people, companies and organizations offering the goods or services. We are not an agent for and do not give guarantees for these organizations or their goods and services.
- You should not rely on the website for advice.
- The website contains hyperlinks to websites run by companies other than LSSi. We do not control, and are not responsible for, any other websites made available from or through the website. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
- We cannot guarantee the accuracy of the results of any search made on the Site.
- LSSi does not undertake to provide any fault-free Site or any uninterrupted use. In the event of a fault, LSSi will attempt to restore the Site as soon as is reasonably practicable.
- Access to the Site may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
- LSSi reserves the right at any time and without notice to modify, edit, delete, suspend, discontinue, temporarily or permanently, any content, including any services available through the Site, or the Site or any part of it
Ownership of Website Content, Intellectual Property Rights
- LSSi either owns or is a licensee of the Content contained on the Site, including all images, photographs, audio, video, and text. Except as expressly provided for in these Terms and Conditions, you are not permitted to copy, reproduce, alter, share or modify the Content found on the Site.
- LSSi owns a wide range of intellectual property rights used in and relating to this website, including:
- each of the trademarks LSSi, USplaces.com ™ and related logos;
- the business-listings directory database ('the Database') which you can get access to using this website;
- the design, text, graphics, articles, blogs and other content of the web pages on this website, together with all the web addresses associated with those web pages, other than those which we use under licence; and
- in all the software used in relation to this website, other than that which we use under licence.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITEs, INCLUDING ANY SERVICES FOUND THEREON ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND THAT EACH OF LSSI, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "LSSI GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED , AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, THE LSSI GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE SITE OR ANY OF THE SERVICES, INCLUDING ANY DATA, CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE WILL BE PROVIDED ON A UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.
Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LSSI BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF LSSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL THE PROGRAM WEBSITE'S LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, THE AMOUNT PAID BY YOU TO USE THE SERVICES.
You agree to defend, indemnify and hold harmless LSSi and its officers, directors and employees from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms; or (b) your access to or use of: (i) Services; (ii) the Site; or (iii) Content. LSSi reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Transfer of Rights and Obligations
You may not transfer any of your rights or obligations under the Terms to another party.
If LSSi delays in acting upon a breach of these Terms that delay will not be regarded as a waiver of that breach. If LSSi expressly waives a breach of the Terms that waiver will be limited to that particular breach.
If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect.
These Terms shall be governed and construed and enforced in accordance with the laws of the State of New York without regard to its laws regarding conflict of laws. The Parties agree to irrevocably submit to the exclusive jurisdiction and venue of any Court of competent subject matter jurisdiction sitting in an for in New York County, New York either in the State court or in the United States District Court, Southern District of New York. Both Parties hereto irrevocably waive any right to jury trial that they may have in bringing any claim against the other whether based in equity or law.