Purpose of Site
The Site is designed to provide information about commercial real estate and SHOPPROPERTY and its affiliates. The information and services offered on this Site are provided solely for general information, do not constitute real estate, legal, tax, accounting or other professional advice, or an offer to sell or lease real estate, and may not be used for personal, family or household purposes or to determine an individual's eligibility for credit, insurance, or employment. You should take specific professional advice before relying or refraining from relying upon any information or data on this Site.
The intellectual property rights (including but not limited to the copyright and database rights) in the information, data, text, software, photographs, images, graphics, organisation, layout, design, and other content contained on or provided through this Site are vested in and owned by SHOPPROPERTY and its licensors. Content contained on or provided through this Site includes databases of commercial real estate information (the "Database"), which contain, by way of example, information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary organisation and structures for categorising, sorting and displaying such Information, together with the related software ("Software"). The Site, Database, Information, Software, and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any Information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Service".
A Nominated User is defined as an individual employed by a Subscriber at a site identified in the Subscriber Agreement and who is included within the number of users authorised pursuant to that Subscriber Agreement. Subscriber shall not, and shall ensure that its Nominated Users or other persons do not, disclose to persons who are not Nominated Users any password enabling access to the Service. Passwords shall remain personal to Subscriber and may not be assigned. Subscriber undertakes that each password will only be used by one Nominated User. Subscriber agrees to pay for all use of the Service made by any person using Subscriber's password(s) whether or not authorised to do so. No Nominated User who ceases to be an employee of Subscriber may use any password or any portion of the Subscription Service in any manner.
(2) Providing information regarding particular properties and market trends to your clients in response to a request arising from a particular transaction or in dealing with instructions from an existing client relating to a specific matter;
In connection therewith, you may print Information or copy Information into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of SHOPPROPERTY), only to the extent that the quantity of Information being so printed or so copied is reasonably tailored for your purposes, insubstantial and used in compliance with these use and copying provisions.
Prohibited Uses You shall not, except as may be expressly set forth above, (a) distribute, disclose, communicate to the public, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Service, or (b) modify or create derivative works of any portion of the Service.
Notwithstanding anything to the contrary
herein, you shall notbr>
(1) Access any portion of the Subscription Service unless you are a Nominated
User for such Subscription Service accessing the components and services of the
Subscription Service that your subscription authorises you to access, subject
(2) access the Service if you are a direct or indirect competitor of SHOPPROPERTY or its affiliates, or provide, disclose or transmit any portion of the Service to any direct or indirect competitor of SHOPPROPERTY or its affiliates;
(3) use or distribute any Information, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database, directory or other Service;
(4) modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Service except the Software where in accordance with the Copyright, Designs & Patents Act 1988, section 50;
(5) use, reproduce, publish or compile any portion of the Information for the purpose of selling or licensing any portion of the Information or making any portion of the Information publicly available;
(6) use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service;
(7) store, copy or export any portion of the Service into any database or software, except as expressly set forth in the Permitted Uses above;
(8) upload, post or otherwise publish any portion of the Service on, or provide access to any portion of the Service through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
(9) upload, post, e-mail or otherwise transmit any Information, data, text, software, photographs, images, graphics, or other content to or through the Service, or use any portion of this Service in a manner, that (a) is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trade mark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation; (d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit or impair access to or the functionality of any computer software or hardware or telecommunications equipment; or (e) you do not have a right to transmit under any law, contractual obligation (e.g., nondisclosure agreement) or fiduciary duty;
(10) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any Information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Service;
(11) interfere with or disrupt, or attempt to interfere with or disrupt, the Service or servers or networks connected thereto or the activities of other users of the Service;
(12) use any portion of the Service to develop or provide any product or service which emulates a "Family Tree", being any product in any form of storage or output which is or provides the means to create a listing in respect of any company or other connected companies (other than a company's immediate and ultimate company);
This Service may include opportunities for you to submit information, data, text, photographs, images, graphics, and other content to the Service, for it to be publicly displayed on the Service, used by SHOPPROPERTY in connection with researching commercial real estate activity, or for some other purpose ("Submitted Content"). SHOPPROPERTY acknowledges that if you provide SHOPPROPERTY with Submitted Content, then you retain your ownership rights with respect to such materials. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not SHOPPROPERTY, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Service. SHOPPROPERTY is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in SHOPPROPERTY's sole discretion.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Service, you grant SHOPPROPERTY, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, communicate to the public, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that SHOPPROPERTY may preserve any such content and may also disclose such content in its discretion.
When you use the Service, SHOPPROPERTY collects both personally and non-personally identifying Information about your use of the Service. SHOPPROPERTY takes steps to protect the security of the personally identifiable information we collect, including, for example, physical, electronic, and procedural safeguards.
The personally and non-personally identifying information that SHOPPROPERTY collects via the Service includes (a) what you intentionally submit to us while using the Service, including, for example, by filling out forms with your contact Information or by logging in with your password, and (b) what you automatically provide while using the Service, including, for example, your IP address, your IP host, session duration, and 'click stream' data that tracks user activity in the Service. We generally use or disclose the information we collect through the Service to conduct research on and to improve the Service, to perform customer service and support, to fulfil your requests for products and services, and to provide you with information regarding our products and services, and the products and services of our affiliates including service-related announcements. By using the Service and submitting your personal information, you consent to SHOPPROPERTY's collection and use of such information as disclosed herein and to the transfer of your personal information to various countries around the world.
Although the Service (or at least portions thereof) can technically be viewed by children, we do not knowingly request personally identifiable information from them nor does this Service publish content that is targeted to children. No information should be submitted to, or posted at, the Service by visitors under 18 years of age. If you have a further question, please notify us by e-mail at [email protected] We will do our best to look into your request and respond promptly.
You may provide a hyperlink to the home page of this Site, which is http://www.shopproperty.co.uk, provided that you must remove any such link upon request from SHOPPROPERTY in writing. The framing of this Service or any of its Content is prohibited. The Service may include links to other sites, some of them operated by SHOPPROPERTY and some of them operated by third parties. Under no circumstances shall SHOPPROPERTY be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked from this Site, or any products or services that may be offered through such web sites. SHOPPROPERTY has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and products and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information Regarding Accuracy,
Completeness and Timeliness of Information in the Service
The Service is provided for general information only and should not be relied upon or used as the basis for making or refraining from making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Service shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Service, is responsible if the Service is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Service, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Service.
While SHOPPROPERTY takes reasonable care to provide the Service certain parts of the Service contain information obtained from third party sources and SHOPPROPERTY cannot therefore warrant such information's accuracy or completeness.
Save that nothing in this Agreement shall exclude or limit the liability of SHOPPROPERTY and its affiliates and their respective officers, directors, employees and third party suppliers (collectively, the "SHOPPROPERTY Parties") for fraudulent misrepresentation, death or personal injury arising from its negligence, the SHOPPROPERTY Parties make no warranties as to the subject matter of this Agreement or the Service or its parts, whether imposed by statute or by operation of law or otherwise that are not expressly stated herein including, without limitation, implied warranties as to satisfactory quality and fitness for purpose, timeliness, accuracy or completeness of the Service, assurances that the Service will be virus and bug free or provided without interruptions or delays.
Limitation of Liability
You acknowledge that the SHOPPROPERTY Parties shall not be held liable in contract, delict (including, without limitation, negligence), pre-contract or for breach of statutory duty or in any other way for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential loss,
in any case in respect of paragraphs (a) to (c), whether or not such losses were within the contemplation of any party at the date of this Agreement or suffered or incurred by you arising out of or in connection with this Agreement.
Notwithstanding the other terms of this paragraph, the aggregate liability of the SHOPPROPERTY Parties in respect of any loss or damage suffered by you and arising out of or in connection with this Agreement, regardless of the form of the action whether in contract, delict or otherwise, will not exceed the total amount of the licence fees actually paid by the relevant Subscriber to SHOPPROPERTY Parties during the twelve month period immediately preceding the date such claim arose, regardless of the cause or form of action under this Agreement for any breach or series of breaches. Recovery of this amount (or lesser amount) shall be the sole and exclusive remedy for the subscriber or any other party for damages.
The SHOPPROPERTY Parties believe in good faith that they are legally entitled to allow you to gain access to the Services under and pursuant to this Agreement. However, in the event that SHOPPROPERTY becomes aware of any change in this circumstance then SHOPPROPERTY reserves the right to withdraw part or all of the Service and to notify the Subscriber that it should not make any further use of Service or the part concerned.
You acknowledge and agree that SHOPPROPERTY may interrupt or terminate or block your access to the Service or portions thereof at any time. In the event that occurs, you shall cease using any portion of the Service, permanently delete or destroy all portions of the Service within your possession, custody or control, and, upon written request from SHOPPROPERTY, certify, in writing, your compliance with this provision.
If you are a Subscriber, your Subscriber Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following termination or non-renewal of your Subscriber Agreement, you shall cease using any portion of the Service. In addition, you shall permanently delete or destroy all portions of the Service within your possession, custody or control and, upon written request from SHOPPROPERTY, certify, in writing, your compliance with this provision.
Neither party shall be liable to the other for any failure to perform, or for any delay in performance, if it results from any act of God, act of government or other authority or statutory undertaking, fire, explosion, accident, power failure, industrial dispute, war, failure of any link or connection whether by computer or otherwise, failure of technology or telecommunications or other method or medium of storing or transmitting the Service, inability to obtain materials or energy or anything else beyond the reasonable control of the party failing to perform or delaying performance.
Some areas of this Service use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Service. You can disable the cookies we attach to your hard drive if your browser supports this. For information on how to do this refer to http://www.aboutcookies.org or e-mail us at [email protected] However, you should be aware that if you exercise this option, you may be unable to use some of our on-line services.
The Service employs various trademarks and service marks of SHOPPROPERTY and of other third parties. All of these trade marks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Service and for all charges associated with connecting to the Service, including without limitation telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Service. If you are a Subscriber, nothing in this Agreement shall impact the fees that are due under your Subscriber Agreement.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE SERVICE OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE SERVICE, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
Modifications to Service;
Changes to these Terms
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