Welcome
Welcome to NewhamLocal.com. By accessing NewhamLocal.com you are agreeing to the following terms, which are designed to make sure that NewhamLocal.com works for everyone. This policy is effective December 1st, 2009.
Acceptance of our Terms
NewhamLocal.com provides a collection of online resources which include classified ads, forums, and a blog, (referred to as "the Service") subject to the Terms of Use ("Terms"), which may be updated by NewhamLocal.com at any time. NewhamLocal.com will provide notice of significant changes to the Term by posting this notice on the website. By using the website in any way, you agree to comply with these Terms. Addditionally, when using particular NewhamLocal.com services, you agree to conform to any applicable posted guidelines for all services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with NewhamLocal.com in any way, you may not use our services.
Using NewhamLocal.com
As a condition of your use of NewhamLocal.com you agree that you will not:
* violate any laws;
* violate the Posting Rules;
* post any threatening, abusive, defamatory, obscene or indecent material;
* be false or misleading;
* infringe any third-party right;
* distribute or contain spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm NewhamLocal.com or the interests or property of NewhamLocal.com users;
* copy, modify, or distribute any other person's content without their consent;
* use any robot spider, scraper or other automated means to access NewhamLocal.com and collect content for any purpose without our express written permission;
* harvest or otherwise collect information about others, including email addresses, without their consent;
You are solely responsible for all information that you submit to NewhamLocal.com and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Fees and Services
Using NewhamLocal.com is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Content
You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that NewhamLocal.com does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the content available through the website may contain links to other websites, which are completely unrelated to NewhamLocal.com. NewhamLocal.com makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will NewhamLocal.com be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that NewhamLocal.com does not pre-screen or approve Content, but that NewhamLocal.com will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
Spam
NewhamLocal.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of NewhamLocal.com Classifieds service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
Information Control
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
Listing and Selling
Listings may only include text descriptions, graphics and pictures and videos you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. At any one time you may not promote identical items in more than 3 categories on our site.
Fraud
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. No refund will be provided.
Your information is defined as any information you provide to us or other users in the registration, buying, or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information;
Your information (or any items listed therein); shall not be false, inaccurate or misleading; shall not be fraudulent or involve the sale of counterfeit or stolen items; shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; shall not be obscene or contain child or adult pornography; shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and shall not link directly or indirectly to or include descriptions of goods or services that; are prohibited under this agreement; or you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items list.
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with our Terms.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of us or the appropriate third party.
NewhamLocal.com prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
Food (other than packaged food meeting all applicable UK and local standards for sale to consumers by commercial merchants)
Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
Cigarettes or any other tobacco product for human consumption.
Pharmaceuticals or any other controlled substance.
Dangerous, counterfeit or stolen goods.
Goods which do not actually exist.
Any product that infringes or violates anyone's rights.
Any item which in NewhamLocal.com's sole discretion is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
If NewhamLocal.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, we may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from our site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Participation. NewhamLocal.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. NewhamLocal.com will cooperate with any investigation by any Government, local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If NewhamLocal.com believes in its sole discretion that any ad may create liability for, we may take any actions that we believe are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, NewhamLocal.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
By using this website you accept that you understand and agree that if you download or otherwise obtain data or material through the use of the directory, search services or classifieds, you do so at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from these actions.
Privacy and Information Disclosure
By using this website you acknowledge and agree that NewhamLocal.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of NewhamLocal.com, its users or the general public.
Limitations on service
You acknowledge that NewhamLocal.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that NewhamLocal.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NewhamLocal.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NewhamLocal.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of service
You agree that NewhamLocal.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if NewhamLocal.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that NewhamLocal.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that NewhamLocal.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NewhamLocal.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NewhamLocal.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. NewhamLocal.com is a registered mark in the UK Patent and Trademark Office. Although NewhamLocal does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to NewhamLocal.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE NEWHAMLOCAL.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NEWHAMLOCAL.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWHAMLOCAL.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NEWHAMLOCAL.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWHAMLOCAL.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEWHAMLOCAL.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NEWHAMLOCAL.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWHAMLOCAL.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NEWHAMLOCAL.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL NEWHAMLOCAL.COM BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NEWHAMLOCAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NEWHAMLOCAL.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NEWHAMLOCAL.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE NEWHAMLOCAL.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NEWHAMLOCAL.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NEWHAMLOCAL.COM SITE OR THE SERVICE OR ANY LINKS ON THE NEWHAMLOCAL.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NEWHAMLOCAL.COM SITE OR THE SERVICE OR ANY LINKS ON THE NEWHAMLOCAL.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
General information
The Terms constitute the entire agreement between you and NewhamLocal.com and govern your use of the Service, superceding any prior agreements between you and NewhamLocal.com. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise. The failure of NewhamLocal.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 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 the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
