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Advertising terms and conditions
1. Advertising Definitions
In these Terms and Conditions of Service the following definitions will be used, which when written with a capital letter shall have the meanings described below:
1.1. Terms and Conditions: These general terms and conditions of service apply to Advertising services provided by MumsClub. Additional terms and conditions may apply to certain services.
1.2. Jane Hopkins trading as MumsClub with its principal place of business at Blythewood House, 39 Blythe Road, Coleshill B46 1AF.
1.3. The MarketPlace and Business Opportunity pages, operated by MumsClub, through which advertisers can advertise their services or goods.
1.4. The Business Mum’s Journal Publication: The Publication, operated by MumsClub, through which advertisers can advertise their services or goods.
1.5. Advertiser: Any natural person or legal entity that registers to advertise goods or services on the MarketPlace site.
1.6. Service(s): services provided by MumsClub including but not limited to the hosting of the MarketPlace and business opportunity web pages, search facilities, the provision of directory listing and advertising facilities for Advertisers and other services provided by MumsClub from time to time.
1.7. Privacy Policy: The policy of MumsClub with respect to privacy of Advertiser information.
1.8. Third Party: A party other than MumsClub or the Advertiser.
2. Advertiser privacy
2.1.1 We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force.
2.1.2 Advertisers agree that MumsClub may contact them by e-mail in order to keep them informed about any issues relating to Services.
2.1.3 When you enter into transactions with or provide information to Third Parties providing content or services to any Service, you will be subject to their privacy policies which we recommend you read.
3. MumsClub Obligations to Advertisers
3.1. We will use our reasonable endeavours to maintain the Services in an accessible and satisfactory operating condition.
3.2. There can however be no guarantee that the Services will always be accessible and in satisfactory operating condition and therefore we cannot and do not accept any responsibility for interruptions or failures in any Service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising directly or indirectly from any User's use of or inability to access or use any Service.
3.3 MumsClub will ensure that the agreed Advertisement appears on the relevant page for the contracted time.
4. Advertiser Responsibility for Content and Conduct
4.1 Advertisers are responsible for any content that they post or transmit on or through any Service.
4.2 Advertisers are not permitted to use any Service to distribute, link to, or solicit content that:
4.2.1 Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
4.2.2 Includes personally identifiable information about children;
4.2.1. Infringes someone else's intellectual property or other rights;
4.2.2. Advocates or solicits violence or other criminal conduct;
4.2.3. Violates any law, regulation or contract;
4.2.4. Promotes participation in multi-level or pyramid marketing initiatives;
4.2.1. Constitutes a raffle, sweepstake, lottery or any other form of gambling;
4.2.2. Specifically advertises firearms or ammunition, tobacco, alcohol, pornography, investment services or solicitation for investment, or any other product or service that is illegal in the United Kingdom or the domicile or residency of either the distributor or recipient;
4.2.3. Constitutes unsolicited or unauthorised advertising, junk or bulk e-mail, chain letters or any other unsolicited commercial communication, except as MumsClub specifically authorises;
4.2.4. Contains software viruses or any other computer code, files or programmes that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
4.3 Advertisers will comply with all applicable laws and regulations regarding on-line conduct and content.
4.4 Advertisers will not use any Service to collect, store or use information about others for the purpose of sending unsolicited or unauthorized communications.
4.5 Except as specifically authorized by MumsClub (via license or otherwise) Advertisers will not reproduce, distribute or commercially exploit any part of any Service.
4.6 Advertisers are required to provide accurate and current information in any advertising about their goods or Services.
4.7 Advertisers will not impersonate any person or entity, misrepresent their affiliation with a person or entity or misrepresent the origin of any content distributed through any Service.
4.8 The opinions and views expressed by other Advertisers of any Service or content providers are their own and do not necessarily reflect those of MumsClub. Advertisers waive any claim resulting from their exposure to material on any Service that is offensive, indecent or otherwise objectionable.
4.9 Advertisers agree to indemnify MumsClub, its subsidiaries, affiliates, officers, agents and employees against any claim or demand, including reasonable attorney's fees, related to content they distribute via any Service or their use of or conduct on any Service.
5. Services
5.1. All Services are provided by MumsClub without any warranties or guarantees unless specifically stated.
5.2. MumsClub may edit, move or delete any content on any Service, including content or communications provided by Advertisers or Users, for any reason. Cancellations need to be received in writing one month in advance. MumsClub may disclose content or user information if required to do so by law or in good faith believe that doing so is necessary to:
5.2.1. Comply with legal process
5.2.2. Enforce these Terms and Conditions
5.2.3. Respond to claims that any content violates the rights of Third Parties
5.2.4. Protect the rights, property or personal safety of MumsClub, its Users, or the public
5.2.5. Administer any Service.
5.3. MumsClub will pre-screen, monitor or edit content provided by Advertiser or Third Parties. MumsClub reserves the right to refuse advertising it deems to be unsuitable, unlawful, harmful, creating conflict of interest or otherwise objectionable. MumsClub is not responsible for any failure to remove or for any delay in removing harmful, inaccurate, unlawful or otherwise objectionable content originating with or otherwise provided by Advertiser or Third Parties.
5.4. Advertisers dealing with third parties as a result of the promotion of services or goods via the MarketPlace are solely between the Advertiser and the Third Party concerned, unless expressly stated to the contrary by MumsClub. MumsClub will not be responsible for any direct or indirect loss or damages that may arise from any such dealings.
5.5. MumsClub may provide, or merchants and content providers found on or via any Service or Users may provide, links to other web sites or resources. MumsClub does not and will not accept any responsibility for these web sites or resources, neither can we be deemed to have endorsed their content, products or services merely because they are accessible via any Service.
5.6. MumsClub makes all reasonable efforts to ensure that all information provided by it within any Service is accurate at the time of its inclusion. However there may be errors, inaccuracies or omissions in respect of which MumsClub excludes all liability. MumsClub makes no representations or warranties, express or implied, about the information included on any Service, including with respect to links to Third Party or User web sites. Any decisions taken by Users based on the information contained on any Service are their sole responsibility.
5.7. Information provided by MumsClub does not constitute legal or professional advice and should not be relied upon without taking independent advice.
5.8. MumsClub, its affiliates, information providers and content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within any Service.
5.9. If Advertisers believe that their work has been copied and is accessible on any Service in a way that constitutes copyright infringement, please contact MumsClub as soon as possible by sending an email to enquiries@MumsClub.co.uk
6. Limitation of Liability
6.1. MumsClub's entire liability to Advertisers in respect of all matters associated with the Services shall be limited as follows:
6.1.1. Nothing in these Terms and Conditions excludes MumsClub's liability for death or personal injury arising from the negligence of MumsClub, its servants or agents.
6.1.2. Nothing in these Terms and Conditions excludes any other liability which is prohibited from being excluded by law.
6.1.3. Except as set out in 6.1.1 and 6.1.2 above MumsClub accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
6.1.4. MumsClub's liability for direct loss shall, subject to paragraphs 6.1.1 and 6.1.2 above, be limited to the amount actually paid by the Advertiser to MumsClub and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
6.1.5. In the event that 6.1.3 should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to 6.1.1 and 6.1.2 above be limited to the amounts actually paid by the Advertiser to MumsClub.
6.1.6. Each of sub paragraphs 6.1.1 to 6.1.5 above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
7. Other Conditions
7.1. If any provision of these Terms and Conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
7.2. These Terms and Conditions may be amended from time to time. Any amendments shall be effected by posting the amended Terms and Conditions within the Services. MumsClub may, but is not obligated to, inform Advertisers of any amendment by e-mail. We may also in the same way extend these Terms and Conditions to include other conditions applicable to specific products or services offered by MumsClub from time to time.
7.3. These Terms and Conditions shall be deemed to be a contract between the Advertiser and MumsClub made in England and these Terms and Conditions and the Advertiser’s use of the Services are subject to and shall be construed in accordance with English law.
7.4. Interpretations of this agreement and determinations that a Advertiser has breached the agreement will be made at MumsClub's reasonable discretion and based upon facts known to us.
7.5. 7.4. The failure by MumsClub to enforce any right under these Terms and Conditions will not waive the right of MumsClub to do so.
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