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MP3 websitesTERMS OF USEBelow are the terms of use for 5 star MP3 General usage Sites to which you link through this Site are without limitation fully independent of this Site and we have no control and accept no liability in respect of your use or inability to use them or any of the content of such sites. Whilst most companies listed or linked to via this site no doubt make every effort to ensure the accuracy of the details that they produce, we cannot guarantee that the information is correct. You should verify all details, especially those making any offer of work or purchase or sale. In addition, you should check that any services mentioned are as described, since we accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, on this Site. Should you decide to appoint any of these organisations to provide a service for you, the contract will be directly between you and the relevant organisation - this site in no way participates. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations. Similarly, whilst we strive to ensure the accuracy of the rest of the content of our site, you should verify any information before acting on it, since On The Move Ltd cannot be liable for any loss, damage or breach of contract you might suffer by placing reliance upon that information. While every effort is made to ensure the accuracy of the reviews of other websites at the time the links to them are introduced onto our site, The Move Ltd is can not be held responsible should any of the details become outdated or inaccurate. Inclusion in this website directory is a privelige granted by On the Move Ltd, not a right. The Company therefore reserves all rights in respect of denying any website inclusion in directory for any reason whatsoever and no accounting of this reason will necessarily be given to those sites refused. Copyright Unless otherwise indicated, the copyright for the material contained on this site belongs exclusively to On The Move Ltd. You may view this site and you are welcome to print hard copies of material on it for your personal, non-commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights in respect of copying, broadcasting or onward publication are reserved. Jurisdiction These Terms and Conditions and any matter relating to this site shall be governed by English law and the English courts shall have non-exclusive jurisdiction in respect of them. Pay for review services Express review (“Express Review” or the “Service”) and premium review (“Premium Review” or the “Service”) are a fee-based services that guarantee expedited consideration of your Web site for possible inclusion in the Directory (the network of specialist website directories branded as 5-star and operated by On The Move Ltd "The Company". Both Services are open to sites that already exist in the directory. You may submit your site to the Service if your site already appears in the directory or if you want to request changes to a listing that already appears in the directory. Your credit or debit card will be charged the current fee for the Service if you submit a site that already exists in the directory. You will also be charged the current fee if you submit change requests through the Service. Agreement The Service is provided to you (“You” or the “Applicant”) pursuant to the terms and conditions of this Service Agreement (the “Agreement”). By completing the Service Registration Form and clicking the “Submit Site”, you represent and warrant that you are 18 years of age or older; that you have and agree to provide true, accurate, complete and current information (including an accurate and valid email address) as prompted by the registration form; and that you agree to be bound by the terms and conditions of this Service Agreement, in the case of a Company, you are authorised to legally bind the Company to this Service Agreement. The Company reserves the right, in its sole discretion, to change, modify, add or remove all or part of this Service Agreement at any time in the future. Obligations of The Company In consideration of your payment and participation in the Service in accordance with this Agreement, The Company agrees that:
Acknowledgement You acknowledge and agree that:
Furthermore, you acknlowledge and agree that if your site is accepted for inclusion in the Directory, The Company reserves the right, in its sole and absolute discretion to:
Fees You agree and acknowledge that in order for The Company to consider your site for inclusion in the Directory, you must submit your valid credit or debit card number as part of the Registration Form. You agree that your credit or debit card will be charged the current fee for the Service when you submit your site, which occurs as soon as you click on the “Make Payment” button on the Registration Form. You must remit the current fee for each individual site submitted by you for review and acknowledge that the current fee is payable for the review of your Web site, whether or not your site is accepted and included in the Directory. Due to our guarantee to review each site within two (2) working days, you acknowledge and agree that once you have completed the Registration Form and clicked on the “Make Payment” button, The Company may commence to provide the Service immediately and that you are not entitled to cancel the Service. You acknowledge that if you submit a site that already exists in the Directory or submit a change request for your current listing through the Service, you agree to pay The Company and accordingly your credit or debit card will be charged the current fee for the Service. The current fee is as advised on the Registration Form and payable in Great Britain pounds. The Applicant acknowledges that any refunds will be given at the discretion of The Company. Minimum Site Criteria The Company, in its sole discretion, before considering any other criteria in determining whether to accept or decline a site for inclusion in the Directory, stipulates that the site submitted by the Applicant must meet the following minimum criteria:
Appeals The Company will contact the Applicant by email advising whether the site has been accepted or rejected. If the site is rejected, the Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by The Company. The Company must receive the Applicants email for reconsideration or appeal within thirty days from the date that The Company sends the rejection email to the Applicant. If the request is received in a timely fashion, The Company's editorial team will re-review the Applicant’s site and will then notify the Applicant of its final decision regarding inclusion of the site in the Directory. If The Company reaffirms its denial of the Applicant’s site, no further appeals or submissions will be considered. Privacy The Company maintains information about the Applicant on The Company's servers, including but not limited to the Applicant’s registration information. The Applicant agrees and acknowledges that The Company may use such information in aggregate form for research and development, marketing, or other promotional purposes. The Applicant agrees that The Company has the right (but not the obligation) to disclose any such information, to the extent necessary, if The Company reasonably believes that such disclosure is required to comply with any law or to take action to enforce this Agreement. The Company may contact the Applicant regarding Express Review using the Applicant’s email address provided during the registration process (or as updated by the Applicant). Such email messages may contain opportunities regarding special offers and new products or services from The Company or their advertisers. The Company considers Internet user privacy and data protection to be of paramount importance. The Company complies with the Data Protection Act 1998 in relation to all processing of personal data supplied to us by our users and other personal data in our possession for any reason. The Company is registered with and has notified the Data Protection Commissioner of our practice affecting personal data. Limitation of liability Neither we nor any of our sister, parent or subsidiary companies will be liable to you, whether for negligence, breach of contract, misrepresentation or otherwise, for any direct, indirect or consequential damage (including without limitation, loss of profit, goodwill, business opportunity or anticipated savings), suffered by you as a result of your use of the site, or any linked through to from it, or any information, materials, software or services provided on or through it or downloaded from it, or your inability to use the site, any error in the provision of this site or any computer virus transmitted through this site. The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties or merchantability or fitness for a particular purpose. This Agreement is not intended to express or imply any warranty that the Service will be uninterrupted, timely or free of errors. Indemnity The Applicant agrees to indemnify, defend and hold harmless The Company, and its partners, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of the Applicant’s use of or listing in the Service, the acceptance or rejection of the Applicant’s submitted site, any alleged violation of this Agreement, or any alleged violation of any rights of others. The Company reserves the right (but not the obligation), at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by the Applicant, which shall not otherwise excuse the Applicant’s indemnity obligations. This Agreement sets out the entire agreement of the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties. If any term, condition or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. The Applicant agrees and acknowledges that no action related to this Agreement or the Service or your listing in the Directory may be brought more than one (1) year after delivery of the Service giving rise to such cause of action. The failure of either party to this Agreement to insist upon or enforce strict performance by the other party, of any term, condition or provision, or to exercise any rights under this Agreement, shall not be taken to be a waiver of the party’s right to enforce such term, condition, provision or right. The headings used in this Agreement are for convenience purposes only and shall have no effect on the interpretation of any part. This Agreement may only be modified, or rights under it waived,
by a written document signed by both parties. |
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