EFFECTIVE DATE MAY 24, 2007
- Users of the Site. In consideration of your use of the Site, you represent that you are a resident of the United States, the United Kingdom or Canada and that you are thirteen years of age or over. In connection with your use of this Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's contact request form (the "Personal Data"). If you provide any information that is untrue, inaccurate, not current or incomplete or Webloyalty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Webloyalty has the right to refuse any and all current or future use of the Site or any services provided hereunder (or any portion thereof). You further agree to not use the Site to:
- intentionally or unintentionally violate any applicable local, state, federal, provincial, national or international law;
- disrupt or interfere with any computer networks associated with the Site;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or
- "stalk" or otherwise harass another person or entity.
- The Site. Webloyalty reserves the right, in its sole discretion, to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time, with or without notice.
- Links to Other Sites. The Site may contain links to other sites hosted and/or maintained by third parties. Webloyalty shall not be responsible for the content of any third party sites that may be linked to or from webloyalty.co.uk. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Webloyalty does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.
- Indemnification. You agree to indemnify and hold harmless Webloyalty.com, Inc., its divisions and its subsidiaries, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable lawyer's fees, arising out of your use of the Site, your breach of these terms of service and/or your infringement of any intellectual property right(s).
- Warranty Disclaimer and Limitation of Liability. Webloyalty assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. WEBLOYALTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF WEBLOYALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Trademarks and Copyrights. The trademarks and service marks of Webloyalty and/or its subsidiaries are the intellectual property of Webloyalty in the United States, the United Kingdom, and certain foreign countries (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Webloyalty. All copyrightable material ("Material") on the Site, including, but not limited to, the arrangement and presentation of materials on the Site, is protected under Copyright law as the exclusive property of Webloyalty. The Material may not be used and/or reproduced without the written permission of Webloyalty. Any third party copyrighted material appearing on the Site is used with the owner's permission. Webloyalty will enforce its intellectual property rights to the fullest extent permitted under the law.
- Waiver. Webloyalty's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
- Choice of Law and Jurisdiction. The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of England and Wales. In the event of any dispute arising out of or in connection with this agreement, the parties herby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle the dispute.