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Directory and advertising website terms and conditions

Website terms and conditions for an application offering free and/or paid directory entries, along with banner or other non-directory advertising space.

In addition to clauses relating to the use of a website directory and the publication of advertisements, this template includes standard "terms of use" for a website.

These standard terms of use cover, amongst other things: (i) the ownership of copyright and other intellectual property rights in the website; (ii) the scope of the rights user have to use the website; (iii) prohibitions on the misuse of the website; (iv) rules relating to registration, accounts, logins and passwords; and (v) user-generated content.

They also seek to limit the legal risk on behalf of the website operator, with limitations on warranties, a range of limitations and exclusions of liability and an indemnity from website users.

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Directory and advertising website terms and conditions contents

  1. Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
  2. Copyright notice: UCC copyright notice; ownership of rights in website.
  3. Permission to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; suspension or restriction of access to website.
  4. Misuse of website: acceptable use: prohibitions; veracity of information supplied.
  5. Use on behalf of organisation: use on behalf of another.
  6. Registration and accounts: account eligibility; account registration process; no other person permitted to use account; notify on misuse of account; use of another's account.
  7. User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
  8. Cancellation and suspension of account: rights of operator over account with paid services; cancellation of website account with paid services by user.
  9. Directory: website directory.
  10. Free directory listings: free directory listing submission process; free directory listing period; deletion of free listings.
  11. Paid directory listings: paid directory listing submission process; input error correction and identification; benefits of paid submissions; paid directory listing period; deletion of paid listings.
  12. Rules about directory submissions: directory submissions positive rules; directory submissions compliance with acceptable use etc; keeping directory submission up to date; no directory submission with unlawful purpose; reservation of right to reject or delete directory submissions; no refunds on rejection or deletion of directory submissions.
  13. Advertisements: advertisement submissions are welcome; submission of advertisement; input error correction and identification; advertisement subject matter; advertisements correctly categorised; unlawful advertisements; prohibited advertisements; advertisement compliance; licence of advertisement; keeping advertisements up to date; processing of advertisements; rejection and deletion of advertisements; period of publication of advertisement; free advertisements.
  14. Fees: fees specified on website; amounts inclusive or exclusive of VAT; payment of fees; variation of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
  15. Our rights to use your content: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
  16. Rules about your content: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
  17. Report abuse: request to report abuse; how to report abuse.
  18. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  19. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liablity for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; no personal liability; liability cap upon services contract.
  20. Indemnity: indemnity from website users.
  21. Breaches of these
    terms and conditions
    :
    consequences of breach; non circumvention of measures upon breach.
  22. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  23. Trade marks: trade mark ownership; third party trade marks on website.
  24. Competitions: competitions on website; competition terms and conditions.
  25. Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
  26. Assignment: assignment by first party; assignment by second party.
  27. Severability: severability of whole; severability of parts.
  28. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  29. Entire agreement: entire agreement - use of website.
  30. Law and jurisdiction: governing law; jurisdiction.
  31. Statutory and regulatory disclosures: copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number; link to ODR website; name and URL of ADR provider.
  32. Our details: website operator name; company registration details; place of business; contact information.
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