1. TERMS OF WEBSITE USE
1.2 You may access some areas of the Website without registering with us. Certain areas of the Website are only open to you if you register.
1.3 This Website is only for use by individuals over the age of 18. You should not use this Website if you are under 18.
1.4 Only one username is permitted to you upon registration. You may not include in your username any wording or letters which are the same as or similar to any domain name, company name, trade mark or service description, nor may you use your email address as your username.
1.5 The term “Contribution” refers to any material and/or content which you post, share, upload or place or which you have posted, shared, uploaded or placed on the Website.
1.6 The term “Active Member” refers to a registered user who has made more than 5 Contributions which comply with our ‘Acceptable Use Policy’, set out in section 3 below. We have sole discretion to determine whether or not any such Contributions comply with this policy and reserve the right to decide that any such Contributions do not comply with this policy at any time.
1.7 The term “Premium Subscriber” refers to a registered user who has signed up to the premium subscription service offered on the Website.
1.8 This Website is in the English language and any Contribution posted by you on the Website should be in the English language.
1.9 While we don’t monitor Contributions or other content posted on the Website, we wish to keep our Website free from any defamatory, obscene, unlawful, harmful or otherwise undesirable content and all visitors to our Website must comply with our Acceptable Use Policy set out in section 3 below.
2. TAKE DOWN POLICY
You understand and agree that we do not review the Website. However, we reserve the right to terminate your account and/or delete or move any Contribution or other content, with or without reason at our sole discretion, including but not limited to content which breaches or is deemed to breach the Terms or our Acceptable Use Policy, should it come to our attention. We do not accept any liability for any direct, indirect, consequential, economic or other loss to you or any other person caused by such content and/or as a result of terminating the account and/or deleting any Contribution or other content.
3. ACCEPTABLE USE POLICY
3.1 This policy applies to any and all Contributions to our Website, and to any use you make of the Website.
3.2 You must not use our Website or make any Contribution (i) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or (ii) to transmit or send any advertising, solicitations, promotional materials, junk mail, spam, chain letters or pyramid schemes, save for Premium Subscribers provided such transmission is in compliance with their own terms and conditions.
3.3 Contributions must not:
3.3.1 contain any material which is or could be defamatory in any way;
3.3.2 contain any material which is illegal, obscene, offensive, threatening or violent;
3.3.3 contain any sexually explicit or pornographic material;
3.3.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.3.5 infringe any intellectual property rights of any other person including but not limited to copyright, database right, trade mark or any other unregistered rights of any other person;
3.3.6 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
3.3.7 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or contain any personally identifiable or private information of any third party;
3.3.8 abuse or invade another’s privacy, appear to stalk, or cause annoyance, inconvenience or needless anxiety to any other person;
3.3.9 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
3.3.10 give the impression that they emanate from us, if this is not the case; or
3.3.11 solicit passwords or personal information from anyone.
3.4 You also agree:
3.4.1 not to reproduce, duplicate, copy or re-sell any part of our Website or its content in contravention of the Terms;
3.4.2 not to access without authority, interfere with, damage or disrupt:
(a) any part of our Website;
(b) any equipment or network on which our Website is stored;
(c) any software used in the provision of our Website; or
(d) any equipment or network or software owned or used by any third party.
3.5 You may not post articles, news items or other content, or links to such items, without permission from the copyright holder.
3.6 You must not knowingly transmit or post any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, software, hardware or any other harmful programs, files or similar computer code which may adversely affect the operation of any computer software or hardware or telecommunications equipment.
3.7 Contributions (in whole or in part) must:
3.7.1 be accurate (where they state facts);
3.7.2 be genuinely held (where they state opinions); and
3.7.3 comply with applicable law in the UK and/or in any country from which they are posted.
3.8 Except for Premium Subscribers (who are permitted to use the Website for business purposes only in accordance with the terms and conditions applicable to the premium subscription service), you agree to use the Website for personal and non-commercial purposes only.
3.9 We have sole discretion to determine the appropriate action we may take in response to a breach by you of this Acceptable Use Policy.
3.10 You warrant that any Contribution you make does comply with these standards, and you agree to indemnify us for any breach of that warranty.
4. CHANGES TO THE ACCEPTABLE USE POLICY
4.1 We may change our Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
5. CONTRIBUTIONS TO OUR WEBSITE
5.1 All Contributions will be considered non-confidential and will be publicly available. We have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
5.2 We have the right to disclose your identity to any third party who is claiming that any Contribution to our Website constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory, or in compliance with any court order or direction from any regulatory, enforcement or governmental authority.
5.3 We reserve the right to read private messages or forum threads which originate from the Website in order to check compliance with the Terms. This does not constitute monitoring of either private messages or threads and we will not be put on deemed notice of any content of such Contribution as a result of this right.
6. ACCESSING OUR WEBSITE
6.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will use reasonable endeavours to make our service available at all reasonable times, but we may suspend access to some or all of our Website or close it indefinitely. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
6.2 You agree to treat any user identification code, password or any other security information as confidential, and you agree not to disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of the Terms.
6.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms, and that they comply with them, including all security procedures.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 You have no rights in, nor may you use, Contributions or other content on the Website, except as is expressly set out in the Terms. You agree that we are the owners or licensees of all intellectual property rights in works contained on our Website. Those works are protected by copyright laws and treaties around the world.
7.2 By making a Contribution on the Website, you hereby assign to us all rights of ownership in such Contribution.
7.3 You warrant that (i) you have (and continue to have) all necessary rights, licences, permission and consent in Contributions, (ii) nothing in such Contributions has been copied from any other source and (iii) it does not contain any confidential information.
7.4 You are permitted to make reasonable copies of material contained on the Website, provided such copies are for personal and non-commercial use only.
7.5 You must not modify either the Website or the paper or digital copies of any materials you have printed off or downloaded in accordance with 7.4 above, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.6 You agree to always acknowledge us (or any identified contributors) as the authors of material on our Website.
7.7 If you print off, copy or download any part of our Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
8. EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY
8.1 The material displayed on our Website is provided “as is” and we do not give any guarantees, conditions or warranties as to its accuracy or completeness.
8.2 The Website aims to allow users to share information only. However, Commentary and other materials posted on our Website are not intended to amount to advice and you should place no reliance on these. We have no liability for any loss or damage arising from any reliance placed on Contributions by any visitor to our Website, or by anyone who may be informed of any of its contents.
8.3 All conditions, warranties and other terms which might otherwise be implied by law are excluded.
8.4 Subject to clause 8.9, we do not accept any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any actual or alleged libellous statements, any websites linked to it and any materials posted on it.
8.5 Subject to clause 8.9, we do not accept any liability for, without limitation:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.6 We shall not be liable in connection with any claim that any Contribution or material posted by you or another user infringes the intellectual property rights of any third party.
8.7 We will not be responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of our Website.
8.8 We exclude liability for any action taken by us in response to breaches of our Acceptable Use Policy.
8.9 We do not exclude liability for death or personal injury caused by our negligence, nor liability for fraudulent misrepresentation. We do not exclude any other liability which cannot be excluded or limited under applicable law.
9. INTERACTIVE SERVICES AND MODERATORS
9.1 We provide from time to time interactive services on our Website, including, without limitation, chat rooms and bulletin boards.
9.2 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website and nor do we do so.
10.1 While we try to ensure that moderators do not have any commercial interests which may conflict with their role as moderator, we do not give any assurances that any moderators do not have such commercial interests. Please note that we will not be responsible for any actions or omissions taken by moderators, who do not review the Website on our behalf and who have no authority to act on our behalf. You acknowledge that notice of any Contribution or material on the Website received by any moderator does not constitute our deemed notice.
10.2 We will usually provide information to you about whether an interactive service is moderated and what form of moderation is used. Where any moderation is human rather than technical, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10.3 If you are a moderator of the Website, you agree:
10.3.1 to use the Website in good faith and to act in a responsible manner when acting as a moderator (adhering to the Acceptable Use Policy at all times);
10.3.2 not to hold yourself out as our agent or representative or to bind us in any way;
10.3.3 not to use the Website for commercial purposes or to solicit users to competing forums;
10.3.4 that you are not entitled to remuneration as a result of carrying out such moderation;
10.3.5 to comply with any criteria which we may have in place from time to time; and
10.3.6 that we may terminate your position of moderator at any time with or without reason at our discretion.
11. USE OF FORUM THREADS
11.1 In this section a ‘forum thread’ is defined as multiple postings made on a web page each in response to another.
11.2 You agree that you will not:
11.2.1 create new forum threads on the same topic, which are considered to be in response to forum threads which have been closed;
11.2.2 attempt to take forum threads off-topic or make off-topic posts within forum threads;
11.2.3 argue the decision of any moderator within a forum thread. Any complaint should be directed at the relevant moderator via private message;
11.2.4 request personal information from other users nor post any unnecessary personal information about you or any user without their permission; or
11.2.5 have a signature format greater than 4 lines.
12. SUSPENSION AND TERMINATION
12.1 We will determine, in our sole discretion, whether there has been a breach of our Acceptable Use Policy in section 3 through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate in our sole discretion.
12.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:
12.2.1 immediate, temporary or permanent withdrawal of your right to use our Website;
12.2.2 immediate, temporary or permanent removal of any Contribution from our Website;
12.2.3 issue of a warning to you;
12.2.4 legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
12.2.5 further legal action against you; and
12.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.3 Notwithstanding sections 12.1 and 12.2, we may terminate your account at any time with or without reason.
13. LINKING TO OUR WEBSITE
13.1 You may link to our home page or any part of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
13.4 If you wish to make any use of material on our Website other than that set out above, please address your request to [email protected]
14. LINKS FROM OUR WEBSITE
14.1 Our Website may contain links to other websites and resources provided by third parties, please note these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.2 You must not post unsolicited links in any thread unless in response to a specific request for information. Active Members may display a single link in their signature to a website in which they have an interest.
14.3 If you are not an Active Member, our software will prevent you from posting third party links.
15. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
16. OUR WEBSITE CHANGES REGULARLY
16.1 We aim to update our Website regularly, and may change the content at any time. Any of the material on our Website may be out of date at any given time whether posted by us or by any third party and we are under no obligation to update such material.
16.2 If you have any comments about our Website, please contact us at [email protected]
17. JURISDICTION AND APPLICABLE LAW
19. INFORMATION ABOUT US
We are registered in England and Wales and our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
20.1 If you have any concerns about material which appears on our Website, please contact [email protected]
21. DELIVERY POLICY
When booking a monthly advertising and/or sponsorship package through www.propertyforum.com your package will commence immediately following the signing of your advertising contract, along with receipt of your first payment. You will receive a tutorial from a dedicated marketing manager talking you through your sponsorship package within 24 hours of commencement of your contract. You will receive ongoing support and guidance from your dedicated marketing manager throughout the duration of your contract, to ensure the individual marketing elements within your contract (eg. mailshots) are designed and distributed to help you achieve maximum results.
Subsequent payments will be due on 1st of each month via Standing Order for the duration of your contract.
22. PREMIUM MEMBERSHIP CANCELLATION POLICY
At the end of your contract, our agreement changes into a rolling monthly contract. You are welcome to cancel your contract at any time by giving 1 months’ notice in advance, following the initial agreed period of months outlined in your original contract (eg. 6 months).
23. ADVERTISING CLIENTS
23.1 We do not guarantee the level of results or the number of leads generated by any of our advertising campaigns. We do not offer refunds or exchanges. Free mailshot resends may be granted at our discretion.
23.2 We reserve the right to amend any of our advertising products at any time, to an alternative product of equal or higher value. This includes products that are included within a marketing package. If you are part-way through a campaign with us and we opt to amend a product, you will be informed immediately.
23.3 After booking an advertising package with us, it is your responsibility (as the client) to ensure you keep contact with our marketing team regarding your advertising contract with us, to enable us to deliver the various marketing elements within your campaign in a timely manner. If our marketing team are unable to get a reply from you after 3 attempts, your campaign will automatically be placed on hold. If a campaign is on hold for 28 days, it will expire and no longer be valid (even if full payment has been taken).
This notice does not replace our Terms, which you must read in full as they contain important information.
You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon.
It does not replace the need to take professional or other advice.
We have no liability to you or any other person in respect of any content on this Website.