Using What's On In My Town
As a condition of your use of What's On In My Town (including whatsoninmytown.com and its related websites, services, applications and tools) you agree that you will not:
- violate any laws;
- violate the Posting Rules;
- post any threatening, abusive, defamatory, obscene or indecent material;
- post or otherwise communicate any false or misleading material or message of any kind;
- infringe any third-party right;
- distribute spam, chain letters, or promote pyramid schemes;
- distribute viruses or any other technologies that may harm What's On In My Town or the interests or property of What's On In My Town users;
- impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of What's On In My Town;
- copy, modify, or distribute any other person's content without their consent;
- use any robot spider, scraper or other automated means to access What's On In My Town and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- copy, modify or distribute rights or content from the What's On In My Town site, services, applications or tools or What's On In My Town's copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent
- bypass measures used to prevent or restrict access to What's On In My Town;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
Abusing What's On In My Town
What's On In My Town and the What's On In My Town community work together to keep the What's On In My Town websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off What's On In My Town if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the What's On In My Town employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off What's On In My Town or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on What's On In My Town or use of What's On In My Town by users.
Some of What's On In My Town's features may display your ad on other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. By using What's On In My Town, you agree that your ads can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any of our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.
Fees and Services
Browsing What's On In My Town is free, but we charge a fee for our paid listings. Review the terms before purchasing your listing. 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 What's On In My Town website. 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.
- If your ads went live with exposure on the What's On In My Town sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- If your ads are placed in the Pets or Massage categories of What's On In My Town;
- If your ads are placed into "edit" mode and will go live to site once updated by you;
- If you have removed your ads yourself;
- If you post duplicate ads as defined in our rules regarding duplicate ads;
- If we believe that your ads are in a significantly wrong category;
- Please note that the above list is not exhaustive. See the What's On In My Town Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.
What's On In My Town contains content from us, you, and other users. What's On In My Town is protected by copyright laws and international treaties. Content displayed on or via What's On In My Town is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from What's On In My Town without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in What's On In My Town. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of What's On In My Town (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
What's On In My Town may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your What's On In My Town ad during the time your ad is on the What's On In My Town site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at What's On In My Town's sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on What's On In My Town by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by What's On In My Town.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to What's On In My Town. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable What's On In My Town to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to What's On In My Town via the e-mail address provided.
Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by What's On In My Town users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using What's On In My Town Help.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on What's On In My Town comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use What's On In My Town, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more What's On In My Town users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Resolution of disputes
If a dispute arises between you and What's On In My Town, we strongly encourage you to first contact us directly to seek a resolution by going to the What's On In My Town Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on What's On In My Town constitute the entire agreement between What's On In My Town and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against whatsoninmytown.com Limited must be resolved by the courts of England and Wales. You and What's On In My Town both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and What's On In My Town both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to whatsoninmytown.com Limited, 5 New Street Square, London, United Kingdom, EC4A 3TW. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the What's On In My Town website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
For any help with using What's On In My Town please see the What's On In My Town Help page.