General
littleFX.com ("LittleFX"), provides you with access to this web site
www.littleFX.com and littleFX.co.uk (the “Web Site”) and the services available on the Web Site
(the "Services" defined more
under the section "Services" below).
Access to and use of
the Services and is governed by these Terms of Use (the "Agreement").
By accessing or using the Services, you indicate your agreement to be bound by
the Agreement. If you do not agree to these terms, you may not use this Web
site.
Services
LittleFX helps
visitors find what they are looking for on the World Wide Web by enabling them
to reach other third-party sites that have advertised with
LittleFX
by
clicking on hypertext-linked Banners, Keywords, Search listings or Menu Buttons
published on the Web Site. We may also offer additional free content on the Web
Site from time to time (including news, weather etc.) provided by third parties.
LittleFX uses
reasonable efforts to ensure the accuracy or content and availability of links
on the Web Site. However,
LittleFX
does not control or take any
responsibility for the content, accuracy, capability, safety, availability,
legality or quality of items available on or through advertisers' web sites or
any third parties’ web sites that may be accessed directly or indirectly via
this Web Site, and is not liable or responsible for any actions you might take
in reliance on the content of any such web site or this Web Site. LittleFX does not control or take any responsibility for any transactions between you and
such sites (including as to personal data, confidential information or purchases
of goods or services).
Nothing
contained in the Services is an offer or promise by
LittleFX
or any
advertiser to sell any product or service for a specific price or on any
specific terms, and
LittleFX
does not guarantee the price, performance,
terms, product, availability, information and/or services offered by any
advertiser. In the event of any dispute with any advertiser or other
third-party, you hereby release to the fullest extent allowable by law, LittleFX
(and all
LittleFX
officers, employees, agents, content providers
and service providers) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
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Authorised Users
Under this
Agreement,
LittleFX
gives you permission to access and use the Services for
your personal use only.
You may not modify,
reformat, copy, display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information, products, or service
obtained by your use of the Services.
You may not mirror
on your own Web site any portion of the Services or display through your own Web
site any pages or other information from the Services without
LittleFX
express permission.
The technology and
content on the Web site and within the Services are owned by LittleFX and/or its licensors (including
LittleFX advertisers
and other content providers) and is protected by intellectual property rights
including copyright and trademarks (“Intellectual Property”). Nothing in
this Agreement shall give you any rights in respect of the Intellectual Property
of LittleFX and you hereby acknowledge that you shall not acquire any rights
in respect thereof and that all such Intellectual Property is and shall remain
vested in LittleFX.
Disclaimer
Without prejudice to
your statutory rights, LittleFX
makes no warranty of any kind regarding the
services, information and materials contained in this site (including, without
limitation, text, graphics and links). In particular, LittleFX
does not
represent or warrant that the information accessible via this site is accurate,
current or complete, or that use of the site will be uninterrupted, error free
or that any information or other material accessible from this site is free of
viruses or other harmful components. LittleFX
disclaims any warranties to the
fullest extent permissible by law, whether express or implied.
Limited Liability
Under no
circumstances whatsoever shall
LittleFX
be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of the
Services or the inability to use the Web site, including but not limited to
reliance by you on any information obtained from the Web site or that results
from mistakes, omissions, interruptions, deletion of files or e-mail, errors,
defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from Acts of God, communications failure,
theft, destruction, or unauthorised access to
LittleFX
records, programs, or
Services.
LittleFX
will not be liable for any material of Web sites it links
to as part of the Services or for information contained in or part of the
Services including but not limited to search results. The respective liability
of
LittleFX, its officers, employees, agents, successors, assigns, and
affiliates is limited to the greatest extent permitted by law.
Objectionable
Material
The links on the Web
site will let you leave LittleFX
site. The linked sites are not under the
control of LittleFX
and
LittleFX
is not responsible for the contents of
any linked site, or any changes or updates to such sites LittleFX
encourages
you to use discretion when using the Services. Although LittleFX
does try to
exclude objectionable information, the Services may contain information that you
find objectionable, harmful, deceptive or otherwise inappropriate. To ensure you
do not receive offensive material, you must install your own filtering software
if you wish to limit the content available through the Services.
If you come across
any site that you believe contains illegal or unlawful material, please contact
us at legal@littlefx.com
and
we will take such action as we believe is appropriate, which may include
blocking access to such material and/or contacting the authorities as
appropriate.
Privacy and Data
Collection
LittleFX does not
collect personally identifying information from users of the Services unless
users have explicitly given such information to
LittleFX. In addition, third
party advertisers and merchants, and other third parties who control and operate
Web sites that we may provide you with links to, will have different information
collection and privacy practices to
LittleFX, which we are not responsible
for. Please see our Privacy Policy, which forms part of these terms and
conditions, and further describes
LittleFX
information practices. If you have
entered into another agreement with
LittleFX
(such as an Advertiser
Agreement, Agency Agreement or Affiliate Agreement), then you may be subject to
additional or different provisions regarding privacy and data collection. You
should consider any communication that you transmit to
LittleFX
(such as
data, questions or answers, comments, or suggestions) as non-confidential, and
agree that
LittleFX
will not be liable or responsible if information that
belongs to you is intercepted and used by an unintended recipient.
Sever ability
If any provision of
these Terms shall be found at any time to be invalid or unenforceable, such
invalidity or unenforceability shall in no way prejudice or affect the other
provisions of these Terms which shall remain in full force and effect.
Waiver
No waiver of any of
these Terms will be effective unless made in writing. Any waiver by LittleFX
of a breach of any part of these Terms shall not be considered as a waiver of
any subsequent breach of the same or of any other Term.
Third Parties
A person who is not
a party to this Agreement has no rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of this Agreement but this does not affect
any right or remedy of a third party which exists or is available apart from the
Act.
Arbitration
Any controversy or
claim arising out of or relating to this Agreement or the Services will be
settled by binding arbitration in accordance with the commercial arbitration
rules of the London Court of Arbitration. Any such controversy or claim must be
arbitrated on an individual basis, and must not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
must be conducted in London, England, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or
LittleFX
may seek any interim or preliminary relief from a court of competent
jurisdiction in England, as necessary to protect the rights or property of you
or
LittleFX.
Law and
Jurisdiction
These Terms are
governed by and shall be construed in accordance with English law. The parties
submit to the exclusive jurisdiction of the English Courts.
If any
provision of these Terms and Conditions is found invalid or unenforceable, that
provision shall be enforced to the maximum extent possible, and the other
provisions contained herein will remain in full force and effect.
LittleFX failure to insist upon or enforce strict performance of any condition shall not
be construed as a waiver of any provision or right. Nothing in these Terms and
Conditions shall be construed as forming a partnership or joint venture either
with individuals, or participation
third party companies. No third party company will have the right or ability to
create any obligation on
LittleFX behalf. This agreement constitutes the
entire agreement between you and
LittleFX in regards to the
Services.
Notices
You may direct any comments or any questions concerning this Agreement to our
legal department at the address below
Amendments
littleFX may amend this Agreement at any time by posting the amended terms on its Web site.
Except as stated herein, all amended terms are automatically effective immediately once they are posted.
This agreement was last revised on 7 February 2009.
