Enterventure Terms Of Service
Updated May 1, 2010.
These terms of service (“terms”, “tos”) constitute a contract between you and enterventure and govern the use by you, your agents and end users of our website at enterventure.co.uk (the “site”, “website”, “company” ) and all of the products and services offered by or through Enterventure Limited. The terms Enterventure, enterventure.co.uk, www.enterventure.co.uk, http://enterventure.co.uk, “we” and “The Company” all refer to the same entity; Enterventure Limited.
By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent or End-User to access or use the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these Terms for that Entity and representing to Enterventure that you have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “you,” “your” or related capitalized terms herein shall refer to such Entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service, and you must email us to tell us and be able to provide proof of reciept.
If you have any questions about these Terms or need to contac tus, please feel free to do so through our the Site or email us at admin@Enterventure.co.uk.
For the purposes of this Agreement, the following definitions apply:
“Advertising” or “Advertisements” means any and all banner or box-style advertisements, pop-up or pop-under placements, text links or other similar solicitations through the Internet that promote Company Products or Services and that contain a Link to the Company Site.
“Company Site” means the Company Internet site currently located at www.enterventure.co.uk and enterventure.co.uk, or any page, section, subsection or subdirectory thereof, and any other additional, substitute or successor site that may be designated by Company under this Agreement.
“Intellectual Property Rights” means all rights in and to trade secrets, patents, copyrights, trademarks, know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.
“Link” means an embedded graphic, icon or text containing a unique hypertext pointer to a URL address that is embedded in an Advertisement and that identifies consumers that become Customers via the Advertisement.
Enterventure provides digital marketing to clients. By using our services or visiting this site in any manner you agree to all these terms. The service is provided by enterventure to you and any individual or entity to whom you grant the right to access the service through your account as an agent and/or administrator , subject to the terms of these terms and all modifications thereto and/or other rules that may be published from time to time by enterventure. from time to time we may notify you of updates or modifications to or new versions of the service. your usage of the updated or new versions of the service confirms your acceptance of the new or updated service, and is also subject to, these terms.
While enterventure strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. you acknowledge by entering into this agreement (as defined below) that you are aware of our limitations with respect to security and privacy and that enterventure will have no liability to you for any unauthorized access or use of any of your content, or any corruption, deletion, destruction or loss of any of your content.
You shall comply with any codes of conduct, policies or other notices that enterventure provides you or publishes on the site in connection with the service if you violate these terms, you may be permanently or temporarily banned from using the service at enterventure’s sole discretion.
Intellectual property rights and privacy.
You acknowledge and agree that enterventure can use without limitation, all applicable copyrights, trademarks and all other intellectual property rights appurtenant thereto in order to advertise a client’s service, product, brand, promotion, website, application or other item, service or website.
Disclaimer of warranties.
The service is provided “as is, as available” without warranty of any kind, either express or implied. without limiting the foregoing, Enterventure specifically disclaims any and all warranties, including, but not limited to: any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and any warranties of non-infringement, title, merchantability or fitness for a particular purpose.
Enterventure Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, or non-infringement of intellectual property or other violation of rights. Further, Enterventure Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
This disclaimer applies to any damages or injury caused by the service, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
Limitation of liability.
In no event shall Enterventure, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person:
for any indirect, tort, special, examplary, special, punitive, incidental or consequential damages (including, but not limited to, without limitation, damages for loss of business revenue, profits, business interruption, loss of programs, information. data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss and the like), in any way arising out of the delivery, performance, or use of the service, even if Enterventure shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or
for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service, or any other software or other content. Because some states or jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Enterventure’s liability shall be limited to the fullest extent permitted by law.
you agree that in no event will Enterventure’s total liability exceed the total of the fees, if any, paid by you to Enterventure (including via any third party, payment processor or agent) during the 12-month period immediately preceding the alleged claim or alleged cause of action or, if no fees apply, one hundred ($100) u.s. dollars.
By using the Service, you agree to indemnify and hold Enterventure harmless from and against any claims brought against Enterventure arising in connection with or related to the use of the Service by you, Agents or End Users in breach of any of the provisions, terms or conditions set forth in these Terms. Further, you will indemnify and hold us harmless from all claims, damages, losses, and expenses (including, without limitation, attorneys’ fees, payable as incurred) relating to the development, operation, maintenance, and contents of your site, use of the Advertising, violation of this Agreement, and/or violation of any right of another party.
Enterventure may, in its sole discretion, terminate, discontinue or modify the Service or your use of the Service (or any part thereof), permanently or temporarily.
Order of Precedence.
In the event of an inconsistency between other agreements between Company and Affiliate (if any), and this Agreement, this Agreement will control.
Enterventure may modify any of the terms and conditions contained in this Agreement at any time in our sole and absolute discretion effective immediately upon notice to you. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT, AS APPLICABLE.
Revisions and Errata.
The materials appearing on Enterventure Limited’s web presences and any other communications could include errors such as but not limited to technical, typographical, or photographic errors. Enterventure Limited does not warrant that any of the data communicated are accurate, complete, or current. Enterventure Limited may make changes to the materials contained on its web site at any time without notice. Enterventure Limited does not, however, make any commitment to update the materials.
Enterventure Limited has not reviewed all of the websites,blogs/pages or URLs it links to or from on the Internet and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Enterventure Limited of the URL, it’s contents or it’s users or owners. Use of any such link is at your own risk.
Enterventure shall not be liable to you, your Agents, End-Users or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by you or such persons due a Force Majeure Event.
These Terms and any Enterventure Order Form (the “Agreement”) constitute the entire agreement, and supersede any and all prior agreements or understandings between you and Enterventure with regard to the subject matter hereof. These Terms shall apply in lieu of the terms or conditions in any purchase order or other order documentation you or any Entity which you represent provide (all such terms or conditions shall be null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof.
Enterventure may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Enterventure will notify you via the Site or your account no less than ten (10) days prior to the effective date of any such amendment and your continued use of the Service following the effective date of any such amendment may be relied upon by Enterventure as your consent to any such amendment. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign this Agreement without the prior written consent of Enterventure. Enterventure may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.
Any waiver (express or implied) by Enterventure of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of Enterventure.
By entering into this Agreement, you acknowledge that you are transacting business with Enterventure and is governed by the law of England and Wales. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of England and Wales, without regard to the principles of conflicts of law and, unless otherwise elected by Enterventure in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within England and Wales for the purpose of resolving any dispute relating to your access to or use of the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof and the enforceability of this arbitration clause), any transactions or activities under this Agreement or your relationship with us or any of our affiliates or agents shall be submitted to confidential binding arbitration in the courts of England and Wales, UK. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Arbitration under this Agreement shall be conducted under the rules of LCIA (http://www.lcia.org/) in existence at the time of the commencement of the arbitration. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Each party shall bear its own attorneys’ fees, costs, and expert witness fees. Each party shall bear one-half of the arbitration fees and arbitration costs incurred.
Each party hereby represents that it has the authority and capacity to enter into this Agreement, including that all individuals executing this Agreement are 18 years of age or older.
BY using any of our services YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS DOCUMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU WARRANT THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING THE OPERATORS’ WEBSITES OR SERVICES AND HAVE AGREED TO THE TERMS OF THIS AGREEMENT AFTER BEING PROVIDED WITH AMPLE OPPORTUNITY TO REVIEW THEM AND CONSULT WITH A LEGAL COUNSEL.