Definitions and Interpretation
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
means a User that posts a [Free Ad or a] Paid Ad on Our Site;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
Means the advertising space you have purchased in advance
Means an advertisement posted on Our Site that has been provided by Our Site free of charge
means a advertisement posted on Our Site by an Advertiser, in exchange for a fee, providing details of the item or service offered by the Advertiser;
"Third Party Advertiser"
means a party responsible for Third Party Advertising displayed on Our Site;
"Third Party Advertising"
means advertising displayed on Our Site in addition to [Free Ads and] Paid Ads, as detailed in Clause 9;
means a user of Our Site; and
means That's The LLP [, a company registered in England under OC384381, whose registered address is That's The LLP, 3 Connaught House, Riverside Business Park, Benarth Road, Conwy, LL32 8UB and whose main trading address is] OR [of] That's The LLP, 3 Connaught House, Riverside Business Park, Benarth Road, Conwy, LL32 8UB.
Information About Us
Our Site, www.thatsthe.co.uk and all associated sites, is [owned and] operated by That's The LLP [, a limited company registered in England under OC384381 , whose registered address is That's The, 3 Connaught House, Riverside Business Park, Benarth Road, Conwy, LL32 8UB and whose main trading address is] OR [of] That's The, 3 Connaught House, Riverside Business Park, Benarth Road, Conwy, LL32 8UB .
Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- You, as the user of Our Site are of at least 16 years of age.
- Certain parts of Our Site (including the ability to post [Free Ads and] Paid Ads) may require an Account in order to access them.
- You may not create an Account if you are under 16 years of age. [If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.]
- When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- We [require] OR [recommend] that you choose a strong password for your Account, consisting of uppercase, lowercase, numbers and at least one symbol. It is your responsibility to keep your password safe. [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at [email protected] We will not be liable for any unauthorised use of your Account.
- You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs].
- Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 18.
- If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. [ad manager, creating ads, saving ads, favorites etc.]
- [If you close and delete your Account, any Paid Ad(s) you have posted to Our Site will [also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated] OR [scheduled for removal].
Intellectual Property Rights
- With the exception of [Sponsored Ads and] Paid Ads, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in [ Sponsored Ads and] Paid Ads) is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
- Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Site (or any part of it) for caching;
- Print [one copy of any] page(s) from Our Site;
- Download extracts from pages on Our Site; and
- Save pages from Our Site for later and/or offline viewing.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
- An Account is required if you wish to post a Sponsored Ad. Please refer to Clause 4 for more information.
- You agree that you will be solely responsible for your Sponsored Ad. Specifically, you agree, represent and warrant that you have the right to submit the Sponsored Ad and that all information in the Sponsored Ad is accurate and truthful, that all such information will be kept accurate and up-to-date, and that your Sponsored Ad will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- You (or your licensors, as appropriate) retain ownership of the content of your Sponsored Ad and all intellectual property rights subsisting therein. By submitting a Sponsored Ad, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Free Ad for the purposes of operating and promoting Our Site.
- If you wish to remove a Sponsored Ad from Our Site, you may do so by unpublishing the ad via your account. We will use reasonable efforts to remove the Sponsored Ad in question from Our Site. Removing a Sponsored Ad also revokes the licence granted to Us to use that Free Ad under sub-Clause 6.4. Please note, however, that caching or references to your Sponsored Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- We may reject, reclassify, or remove any Sponsored Ad from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Free Ad in question should be removed as a result.]
- We will not feature any Third Party Advertising on Our Site but reserve the right to display advertising from any of our associated websites on the same page as any content from any Advertiser.
- You agree that you will not attempt to remove or hide Advertising from any of our associated websites using HTML/CSS or by any other method.
- We are not responsible for the content of any Third Party Advertising on Our Site. [That's The LLP is responsible for the content of advertising material] OR [Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material]. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.]
Disclaimers and Legal Rights
- Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. [Professional or specialist advice should always be sought before taking any action [relating to financial, commercial or personal] OR [on the basis of any information provided on Our Site].]
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- [We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Sponsored Ads or Paid Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Sponsored Ads or Paid Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Sponsored Ad or Paid Ad.]
- The provisions of this Clause 11 apply only to the use of Our Site [and Sponsored Ads] but not to Paid Ads, which are governed separately by Our Terms of Sale https://www.thatsthe.co.uk/help/site/view/policy/termsandconditions. Limitations and exclusions stated to apply to Content in this Clause 11 may not apply to Paid Ads.
- To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content [(whether it is provided by Us or whether it is a Free Ad)] included on Our Site.
- To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content [(including Sponsored Ads)] included on Our Site.
- If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware [including, but not limited to, the scanning of all Content uploaded by Advertisers for viruses and malware as it is uploaded]. [We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5.]
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 3 to 5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive [(including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of a Free Ad or any other Free or Paid Ad or Advertiser on Our Site)];
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- [suspend or remove your Sponsored Ad;]
- [suspend or remove any Paid Ad(s) you may have (Please refer to our Terms of Sale);]
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
When [posting a Sponsored Ad or Paid Ad (or communicating in any other way using Our Site)] OR [communicating in any way using Our Site], you must not [submit,] communicate or otherwise do anything that:
Privacy and Cookies
- To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at https://www.thatsthe.co.uk/contactus/ .
Communications from Us
- We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed in your account profile.] If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
- For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via https://www.thatsthe.co.uk/contactus/ .
How We Use Your Personal Information (Data Protection)
- Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
- Provide and administer your Account;
- Store your ad space
- [Host your Sponsored Ad(s) or Paid Ad];
- Reply to any communications you send to Us;
- Send you important notices, as detailed in Clause "Communications from Us";
- Validate that your information is correct by performing additional verification.
- We will not pass on your personal information to any third parties without prior approval.
We may use your personal information to:
Law and Jurisdiction