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This User Agreement (or "Agreement") is a legal agreement between you and Liquid New Media Limited, a UK company with offices situated at 29 St Nicholas Place, Leicester, LE1 4LD governing your participation on the Unbeatable.co.uk and Unbeatable.com (referred to collectively as "The Unbeatable Network" and "Unbeatable"). This Agreement may be amended only by a writing physically signed by us.
A Note About Minors
The Unbeatable Network is not targeted towards, nor intended for use by anyone under the age of 18. By using the Unbeatable Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Unbeatable Network. We reserve the right to terminate your access in the event that Unbeatable becomes aware you are under 18.
Content
The Unbeatable Network provides a number of different services to assist you in comparison shopping for products. The Unbeatable Network provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. Unbeatable is paid by merchants or other third parties to list products on the Unbeatable Network. The products listed on the Unbeatable Network are sold by third party merchants, and are not sold by Unbeatable.
The Unbeatable Network does not sell, resell or license any products listed on the Unbeatable Network, nor is Unbeatable acting as an agent of sale. Unbeatable disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.
Unbeatable does not warrant that product descriptions, pricing, editorial commentary or any other content of the Unbeatable Network, regardless of its source, is accurate, complete, reliable, current or error-free. Unbeatable Network content is provided for informational purposes only and does not constitute an endorsement by Unbeatable of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Unbeatable assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Unbeatable Network.
Consumer reviews and ratings on the Unbeatable Network are from our members who have elected to post a review on the Unbeatable Network. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay Unbeatable to be presented on the Unbeatable Network or to have their product or service offerings placed higher in our search results, and may also purchase research from Unbeatable, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the Unbeatable Network, and any other content appearing on the Unbeatable Network, will remain the exclusive property of Unbeatable and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Unbeatable Network, or any other content appearing on the Unbeatable Network. You may not copy or modify the HTML code used to generate web pages on the Unbeatable Network. You may not use the Unbeatable Network, or any other content appearing on the Unbeatable Network, on or in connection with any other website, for any purpose.
Content Submission
By contributing or submitting any content to the Unbeatable Network, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Unbeatable a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you, including the right to be identified as the author of such materials. None of the materials shall be subject to any obligation of confidence on the part of Unbeatable, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Unbeatable reserves the right to change, condense or delete any content on the Unbeatable Network that Unbeatable deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references addresses, email addresses, contact information or phone numbers;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files or;
- that violates our Guidelines for Merchant Reviews.
You retain all ownership rights to information, text, graphics, or other materials you publish on the Unbeatable Network. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. We ask that you refer or provide links to the Unbeatable Network if you choose to republish your content elsewhere and that you do not publish the same items of content on both the Unbeatable Network and other product or price comparison sites.
Intellectual Property
All content available on the Unbeatable Network, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Unbeatable Ltd., with all rights reserved, or is the property of Unbeatable or third parties protected by intellectual property rights.
Unbeatable are service marks of Unbeatable. Unbeatable 's service marks/trademarks may not be used in connection with any product or service that is not provided by the Unbeatable Network, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Unbeatable.
We are not responsible for the content of any third party materials accessible through the Unbeatable Network. We do desire to respect all copyrights and other intellectual property rights and to respond accordingly when notified of the infringement of those rights. If you believe content on the Unbeatable Network infringes your copyright, you should send notice of copyright infringement to Unbeatable's Copyright Agent. Your notice must provide the following information:
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that you claim is infringing so that we may locate it on the site
- Your address, telephone number and email address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
- Your signature
The notice should be mailed to:
Liquid New Media Ltd.
29, St Nicholas Place,
Leicester,
LE1 4LD
Upon receipt of notice as described above, Unbeatable will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Unbeatable Network.
Termination
You can cancel your membership or account at any time by contacting us. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Unbeatable may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, Unbeatable and its licensees may continue or stop publicly displaying some or all of your content.
Other Rules
Other Rules
You may not harvest personal data (including email addresses) from the Unbeatable Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Unbeatable has no obligation to monitor your access to or use of the Unbeatable Network, but has the right to do so for the purpose of operating the Unbeatable Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Unbeatable Network or collect information from it.
Indemnity
By choosing to use the Unbeatable Network, you agree to indemnify Unbeatable, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the Unbeatable Network; or of your use of or connection to the Unbeatable Network; your violation of the User Agreement; or, your violation of any rights of another.
Release
Because we are a venue, in the event that you have a dispute with one or more users of the Unbeatable Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Unbeatable, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of a statute and/or principles of common law applicable as it pertains to the enforcement of the release in this section.
Liability Limits
Unbeatable AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH Unbeatable AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN £80. THE LAWS OF CERTAIN JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law/Arbitration
This Agreement will be governed by the laws of England. However, this does not affect any choice of law rules or any protections that you are entitled to as a consumer in the country in which you reside. We make no representation that the services provided by Unbeatable are appropriate, legal or available for use in locations outside the European Union. You are in the best position to know whether your use of our services may be prohibited or restricted by local laws in your location. If you are not able to comply with local laws when using our services, you should not use our services.
Integration
This Agreement and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
Disclaimer of Warranties
THE Unbeatable Network AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The Unbeatable Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Unbeatable Network, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Unbeatable liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Unbeatable Network.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Assignment
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Unbeatable, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Unbeatable Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Unbeatable.
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