1.0 Introduction
Please read these Terms of use ("Terms") carefully as by registering with PromoteMyPlace.com ("Site") indicates that you accept these Terms as being the basis of the agreement between PromoteMyPlace.com ("PMP", "Us", "We") and you ("You") covering use of the website creation and maintenance functions and facilities ("Services") contained with the Site and you agree to be bound by these Terms.
These Terms may be updated or changed from time to time. Registered members will be informed of any changes to the Terms.
2.0 Description of Services
PromoteMyPlace is a template based online website builder which allows you to build a website which, during the period of your active subscription to PMP (and payment of all amounts due for use of PMP Services), we will host on our internet servers and publish on your behalf.
Your website will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from visitors.
3.0 Your Obligations
Whilst using the Services you agree:
- to provide personal account registration information (as defined by the data forming part of the Site registration process) which is true, accurate and current, further you agree to maintain the details as such. If you provide information which is untrue, inaccurate or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all further use of our Services;
- that any website created using our Services will relate to specific, physical property and that all photographs and textual descriptions included on the website would be considered by fair, reasonable and independent person to be an accurate representation of the property.
- that all properties referenced or referred to in any website you have generated by use of our Services are owned by you or that you have the express written permission of the owner of such property to include details of their property within a website created by our Services;
- that you own the copyright for the photographic and textual material used on any website as a result of using our Services or that you have legal title allowing use of such photographic and textual material;
- that you will not use our Services in a manner which is an attempt to mislead or deceive, is unlawful or contravenes the rights of any third party;.
4.0 General Practices
You acknowledge that we may establish general practices associated with use of our Service, including without limitation the maximum number of days that uploaded content will be retained by our Service, the maximum capacity for uploaded content (such as image library capacity, character limits, mailing list quotas, etc.), the maximum number of e-mail messages that may be sent from an account using our Service, the maximum size of any e-mail message that may be sent from an account using our Service and the maximum disk space that will be allotted on our servers on your behalf.
You agree that we have no responsibility or liability for the loss of any email or content uploaded to our Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
5.0 Termination of Service
You may terminate your registration with PMP without notice by deleting your account via the provided facility or notifying us by email. Following termination of your registration all content which you have loaded and any website you have created will be deleted from our servers.
You agree that if, at our sole discretion, you have breached any of these Terms we may terminate your registration and delete all content which you have loaded and any website you have created.
In the event a registration is terminated no refund will be given for any prepaid website hosting period.
6.0 Copyright Protection
All material, techniques, software and content on the Site is copyright protected.
Websites created by You using PMP Services are built on and integrated into PMP and any attempt to migrate, copy or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
7.0 Wordpress Websites
Wordpress themes supplied by us are provided exclusively for your own personal use. You agree that you will NOT sell, distribute, or allow to be distributed any Wordpress theme supplied by us without our prior written authorisation.
8.0 Indemnity
You agree to defend, indemnify, and hold harmless PMP, its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Service or your breach of these Terms, including, but not limited to:
- any injury to any person or property caused by products or services supplied through the medium of PMP;
- any material which infringes the proprietary or intellectual property rights of any third party;
- copyright infringement; or
- any attempt to mislead or deceive a third party;
- any misrepresentation or defects in products sold through the medium of PMP.
PMP shall provide notice to you promptly of any such claim, action or demand and shall, at your expense, provide you with reasonable assistance in defending any such claim, suit or proceeding.
9.0 Disclaimer of Warranties
NO WARRANTY. The Software is made available to You "AS IS" and PMP makes no warranty as to its use or performance. PMP do not and cannot warrant the performance or results obtained by using our Services.
LIMITATION OF LIABILITY. In no event will PMP be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an PMP representative has been made aware of the possibility of such loss, damages, claims or costs or for any claim by any third party.
10.0 Company Information
PromoteMyPlace.com is a trading name of WebReactive Limited. WebReactive Limited is registered in England and Wales, Company Registration Number: 5880345. Our registered office is: 2nd Floor, Lynton House, Station Approach, Woking, Surrey GU22 7PT.
11.0 Governing Law and Jurisdiction
The parties irrevocably agree that this agreement shall be governed by the laws of England and that the Courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).