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Thursday, May 15, 2008 |
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1. These User Terms
1.1 In accordance with the following user terms ('User Terms'), Marvins Estate Agents ('marvins') and the marvins Affiliates (defined in Clause 9.1 below) grant to you as an authorised user ('you') of this marvins web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms.
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
2. Licence to Use Material on the Web Site
2.1 marvins grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('marvins Material') on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the marvins Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the marvins Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the marvins Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the marvins Material in any form, to any person or entity without the prior written consent of marvins.
2.3 Any product, process or technology referred to in the marvins Material may be subject to other intellectual property rights of marvins and are not made available hereunder.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, marvins retains all ownership, title and interest in the intellectual property rights contained in the marvins Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.
3.2 marvins and the marvins logo are trademarks or registered trademarks of marvins. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 marvins terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.1.3 you terminate these User Terms by notice to marvins at any time in accordance with Clause 9.1.
4.2 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the marvins Material;
4.2.2 you must delete or destroy any of the marvins Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Web Site or any of the services provided on the Web Site.
5. marvins Responsibilities
5.1 marvins undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 The Web Site is provided by marvins on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk.
5.3 marvins makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. marvins uses reasonable efforts to include accurate and up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. marvins makes no warranties or representations as to its accuracy. marvins assumes no liability or responsibility for any errors or omissions in the content on the Web Site.
5.4 The advertisements placed on the Web Site by you or any other third party do not constitute any part of an offer or contract. marvins makes no warranty or representation that the items advertised for sale via the Web Site are offered:
(i) free of encumbrance, charge or any other unexpired right in the item; or
(ii) that such advertising is a statement or representation of fact.
You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.
5.6 marvins reserves the right, without notice to you, to remove any marvins Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. marvins will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. marvins may make improvements and/or changes to the information or documents provided or available on this Web Site at any time.
5.7 marvins may make available to you information based on the opinion of marvins or on the opinion of an affiliate of marvins. You should not rely upon any such opinion as a recommendation by marvins of the goods or services available of the Web Site. Professional advice should be sought before purchasing any item on the Web Site or before entering into any legally binding agreement.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any of the services on the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the services on the Web Site using your user name or password.
6.2 You agree that you will not use the Web Site or any of the services on the Web Site as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify marvins against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, marvins shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by marvins forthwith, without notice to you.
7. Disclaimers
7.1 Information about marvins and any marvins Affiliates that is posted on this Web Site has been extracted from publicly available data about marvins and the relevant marvins Affiliates, as applicable. Such information contains a true and accurate picture of marvins activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on this Web Site and to update it regularly, marvins disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
7.2 marvins has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Web Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. marvins hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
7.3 Your use and browsing of the Web Site is at your risk. Neither marvins nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site.
7.4 Whilst marvins has used all reasonable efforts in maintaining this Web Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.
7.5 This Web Site may contain links or references to third party materials and web sites that are controlled and operated by parties other than marvins. The links will let you leave the Web Site and marvins is not responsible for any contents of third party materials, any linked site or any link contained in a linked site. The inclusion of any reference or link on the Web Site does not imply endorsement, publication, permission or authorisation by marvins of the linked site. If you decide to access linked third party web sites or materials, you do so entirely at your own risk. marvins is providing these links and references only as a convenience. You should read the applicable user terms and privacy policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the Web Site.
7.6 marvins is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the Web Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.
7.7 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
8. Notices
8.1 You may send a legal notice to marvins, or any questions you may have concerning these User Terms by e-mail to ryde@marvins.co.uk. Such notices will be effective within 3 days of receipt by marvins.
8.2 marvins may send you notice by general notice on this Web Site, by email to your email address on record with marvins, or by post to the geographical address on record with marvins. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by marvins.
9. General
9.1 marvins reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the Web Site. marvins will provide notice on the Web Site of any changes to the User Terms for 30 days after marvins has posted the amended User Terms on the Web Site. Your continued use of the Web Site or any of marvins services available on the Web Site following marvins posting of such changes will be regarded by marvins as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of marvins services on the Web Site in the future.
9.2 No variation or amendment to these User Terms by you is valid unless otherwise agreed by marvins in writing and signed by a duly authorised representative of marvins and you.
9.3 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
9.4 Your use of the internet is solely at your risk and subject to all applicable laws, and marvins has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. marvins does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
9.5 These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.
9.6 These User Terms shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts marvins makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.
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