Site Terms of Use ("Site Terms")

TERMS OF USE

1.            This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of our website www.marketingproductsdirect.com (the “Website). Please read these terms of use carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.

2.            The Website is operated by B-Loony (UK) Limited, a company registered in England with registered number 1815839, whose registered office is at Cape House, Bellingdon Road, Chesham, Buckinghamshire, HP5 2HQ (and we refer to ourselves as “we”, “us” or “our” in this document). We own and operate the Website on our own behalf.

3.            We reserve the right to change these Terms of Use at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. You continued use of the Website after changes are posted constitutes your acceptance of the amended Terms of Use.

4.            You are responsible for all access to the Website through your Internet connection and for bringing these Terms of Use to the attention of all such persons.

5.            You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:

a.    is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;

b.    is fraudulent, criminal or unlawful;

c.    is inaccurate or out-of-date;

d.    may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

e.    impersonates any other person or body or misrepresents a relationship with any person or body;

f.     may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;

g.    may be contrary to our interests;

h.    is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or

i.      involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6.            You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

7.            Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

8.            You agree to comply at all times with any instructions for use of the Website which we make from time to time.

Availability of the Website, Security and Accuracy

9.            Whilst we endeavour to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

10.         Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.

11.         We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.

12.         We may change or update the Website and anything described in it without notice to you.

13.         Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.

14.         The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us.  Any information on the Website shall not constitute any part of an offer or contract.

Our liability

15.         We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.

16.         To the extent possible by law and subject to paragraph 16 above, in all cases other than in respect of products that we provide for a specific customer (which shall be governed by its own contractual terms and terms of engagement), to the extent permitted by law, we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.

Trade Marks

17.         The “B-Loony” and “Marketing Products Direct” names and logos and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.

Intellectual Property Rights

18.         Unless otherwise stated, the copyright, database rights and any other rights in all information, data, text, drawings, artwork, pictures, photographs, images, graphics and materials (together "Materials") on the Website and the design, layout, look and appearance of the Website is owned by us or licensed to us by our suppliers.  You are permitted to use and download such Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:

a.    Your use of the Website and any Materials on the Website is for your internal, personal, private use only. You must not use any part of the Materials for commercial purposes without obtaining a licence to do so from us or our licensors.

b.    Except to the extent provided by law or these Terms of Use, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or such Materials for any other purpose without our express prior written consent.  This includes (but without limitation) not reproducing or storing any part of the Website or such Materials in any other website or in any public or private electronic retrieval system or service. 

c.    Our copyright notice (i.e. © B-Loony Limited 2011) or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any such Materials or extracts from the Website.

d.    When you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or such Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website.  You shall also do so in accordance with any restrictions which we stipulate on the Website.

e.    Except as we expressly permit, you must not in any way modify any Materials on the Website. You must not modify the paper or digital copies of Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

f.     Any rights not expressly granted in these Terms of Use or otherwise by us are reserved.

19.         You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. 

20.         If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information about you and your visits to the Website                                         

21.         We process information about you in accordance with our Privacy Policy.  By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

Third Party Websites

22.         We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.

23.         You must not without our permission frame any of the Website onto your own or another person’s website.

24.         We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:

a.    you shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation;

b.    you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and

c.    you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.

Severability

25.         If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

English law and jurisdiction

26.         These Terms of Use and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with English law. You submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise under, or in respect of, these Terms of Use or your use of the Website (and all non-contractual relationships arising out of or connected to it or them).