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The terms of this Agreement.
Pages, scripts, controls or instructions available on the Site.
The Code and all labels and lists of information relating to persons in the advertising, design, publishing, new media, and own marketing sectors available on the Site.
www.bikinilists.com and www.bikinilistsUSA.com
1.2 The terms of this Agreement are the only terms which shall apply to dealings between us, Bikini Lists Limited of Unit 18, Govanhill Workspace, 69 Dixon Rd, Glasgow, G42 8AT, and you, in respect of the supply of Data by us.
1.3 You accept the terms of this Agreement when you place an order via the Site to download any Data.
1.4 You undertake to us that you are dealing with us in the course of your business and not as a consumer.
1.5 No variation of the terms of this Agreement shall be binding unless agreed in writing by one of our directors.
1.6 For the purposes of this Agreement any artist, illustrator, photographer, production company, stock agency, artist representative, or other enterprise that is promoted using the Data, is considered a separate Promotional Entity and must be registered with Bikini Lists Ltd in order to be authorized to use the Data under this agreement. Use of the Data for or by a Promotional Entity without being registered with Bikini Lists Ltd is a violation of this agreement.
2.1 Our services under this Agreement comprise the supply of Data to you, subject to search criteria selected by you and our acceptance of your order for Data.
2.2 We undertake to provide our services under this Agreement with reasonable skill and care.
2.3 You accept that the Data may contain a small number of 'sleeper' or 'seed' entries to enable us to monitor compliance with the terms of this Agreement.
2.4 No warranty, whether express or implied, of any kind is given by us in relation to the Data save in respect of our services as expressly provided in Clause 2.3, and in particular but without limitation there is no warranty of accuracy or suitability for any purpose you have in mind for the Data.
2.5 We are entitled to update, modify and otherwise change the Data at our absolute discretion from time to time.
2.6 You accept responsibility for your actions when using the Site, including the selection of the Data and for the purchase, download and use of the Data and all results of such use.
2.7 You accept that accessing and downloading the Data via the Site is entirely at your own risk and we will not be liable for any loss or damages (whether direct or indirect) incurred by you resulting from problems caused by the interaction of the Data with your computer, operating system or other software or data.
2.8 You undertake to use the Data at all times solely for your own purposes and in your use of the Data to comply with all applicable laws and regulations.
2.9 You undertake that all uses of the data will clearly show your name and contact details as submitted to us at the time of purchase, or subsequent changes in writing.
3.1 We hereby grant you a personal non-transferable, non-refundable and non-exclusive licence to use the Data you have ordered and we have agreed to supply under the terms of this Agreement.
3.2 When you download Data on a subscription basis, then subject to the terms of this Agreement, you will be entitled to use the Data for an unlimited number of mailings for the term of your subscription.
3.3 Once your order has been accepted by us and the Data has been made available to you, you accept that we have performed the services being provided to you. Upon performance, you have no right to withdraw from the Agreement. This does not affect your right to withdraw from the contract prior to our acceptance of the order.
3.4 Unless otherwise stated in writing, all subscriptions have a minimum term of 12 months. If the subscription is being paid in instalments, the subscription will automatically continue beyond 12 months until such time that you cancel the subscription.
3.5 The Licence entitles only one named person at your organization to hold the username and password, to view the data on line and to download it from the site. For additional users please call Bikini Lists Ltd for reasonable rates. Furthermore if you have another office in another location further licences are required and available from Bikini Lists Ltd.
3.6 Bikini Lists Limited reserve the right to restrict access to any account (Freebie or Pro) without notice, where suspected misuse or violation of this licence agreement has been identified by us.
3.7 Bikini Lists Limited qualify all new Pro account signups, to verify that all account details are pertinent. This is done to ensure the correct pricing structure is applied to each account. Bikini Lists Limited reserve the right to restrict access to any Pro subscriber who may have incorrectly entered contact details or industry information.
3.8 You undertake to download the most recently available data before using the data to ensure that you comply with the wishes of persons who have instructed that their contact information be removed from the site in accordance with data protection and e-privacy directives and regulations. Furthermore you accept that BikiniLists will not be liable for any loss or damages (whether direct or indirect) incurred by you resulting from your use of that data.
4.1 Details of our charges for single, multiple or subscription use of the Data, are those listed on the Site, shown on promotion, or given to you by staff at Bikini Lists Ltd at the date of acceptance by us of your order (exclusive of any VAT which is additionally payable by you, if applicable).
4.2 You agree to pay our charges, including VAT (if applicable), in full by credit card at the time of your Subscription. Paying on time is a condition of the Agreement.
4.2.1 Bikini Lists Ltd has the right to increase the cost automatically by a maximum of 15% per annum on like for like subscriptions after the initial 12 months has passed. Subscriptions being paid monthly (or other) will be adjusted automatically and you will be notified.
4.3 If you fail to make a payment at the time required, without prejudice to any other right or remedy available to us, then:
4.3.1 We reserve the right to charge you interest on the unpaid amount at a rate per year of 2% above Lloyds Bank plc base rate from time to time, before and after any judgment that we may obtain against you;
4.3.2 We can as a consequence of your breach at our option terminate the Agreement or any other agreement with you;
4.3.3 We can apply any other payments made by you to us against your debts due to us under this Agreement.
5.1 You acknowledge that your sole rights granted under this Agreement are as licensee and that you acquire no proprietary rights whatsoever to the Data.
5.2 You may make a single copy of the Data in machine readable or printed form for back up purposes and in support of your permitted use of the Data.
5.3 You acknowledge that save as specifically provided for in this Agreement, you may not use, copy, modify or transfer the Data or any copy, modification or merged portion, in whole or in part.
5.4 You may disclose the Data to a mailing house, computer bureau or other agent, solely for the purpose of your business (which shall not be in the business of the supply or sale or other disclosure of the Data) and otherwise shall not resell, transfer or otherwise dispose of the Data or any part of it to any third party.
5.5 You will exercise best endeavours to prevent others breaching the terms of this Agreement.
6.1 You undertake to comply at all times with the terms of this Agreement.
6.2 You agree to indemnify us against.
6.2.1 All liabilities incurred by us as a result of:
(i) any breach by you of the terms of this Agreement;
(ii) any unauthorized use of the Data while in your possession or control or the possession or control of any permitted third party;
6.2.2 All or any costs claims, damages, fines, judgements, or settlements whatsoever brought against or incurred by us as a direct result of the liabilities described in Clause 6.2.1 including (without limiting the generality of this clause) legal costs on a full indemnity basis and all other collection costs and expenses incurred in the enforcement of this indemnity.
7.1 You acknowledge that we have no knowledge of the purpose for which you intend to use the Data. Accordingly you acknowledge that no warranty can be or is given by us in relation to your use of the Data, as to suitability for your intended purpose or otherwise.
7.2 We are able to undertake to you in the terms of Clause 2.2 that we will provide our services with reasonable skill and care however we have no control over the use to which you intend to put the Data nor are we able to gauge the impact any deficiencies in the Data may have on your business. Our level of charges takes into account your acceptance that losses suffered by you in respect of deficiencies in or problems with the Data are to be borne by you.
7.3 The limit of our liability to you, where we accept liability under Clause 2.2 is the level of our charges payable by you under this Agreement. We are not liable to you to any greater extent and in particular are not liable for any other direct or indirect loss, or consequential loss (whether for loss of profit or otherwise), for whatever reason, as a result of us failing to comply with the terms of this Agreement.
7.4 We shall not be liable for any failure or delay in performance due to any cause beyond our reasonable control including (without limitation) delays or failures of our systems, problems with telecommunication networks or the internet.
7.5 Neither we, nor any list owner of the Data, shall be liable for any claim by any other person or persons resulting from the use of the Data caused by you.
7.6 You hereby grant a worldwide, royalty-free licence to any materials you provide to Bikini Lists Ltd, including, but not limited to, data, information, ideas, suggestions, concepts, and Bikini Lists Ltd shall be entitled to use the material for any type of use. When you submit material to Bikini Lists Ltd, you agree that Bikini Lists Ltd has the right to publish the material for any type of use as outlined above, including, but not limited to, promotional and advertising purposes.
8.1 Subject to clauses 8.1 and 8.2, this Agreement will continue in force for the period of the licence as specified in clause 3.
8.2 If you fail to comply with any of the terms of this Agreement, then we shall be entitled to revoke the licence and terminate the Agreement to use the Data with immediate effect.
8.3 Termination of this Agreement by us will be without prejudice to our accrued rights at the date of termination.
8.4 The provisions of clauses 5, 6, 7 and 9 shall continue in force after termination of this Agreement.
8.5 On termination of this Agreement, for any reason, you shall promptly delete or destroy the Data or related materials obtained pursuant to this Agreement. You shall certify in writing your compliance with this provision.
9.1 You agree that we may use your data supplied by you to us under this Agreement for the purposes of providing the services under this Agreement and our administrative purposes and, unless you inform us in writing to the contrary, in marketing and selling our own and other's products.
9.2 You agree to comply with current Data Protection legislation in your use and processing of the Data.
10.1 This Agreement will be governed by English law and you agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under it.
10.2 If any of the terms of this Agreement are held by any competent authority to be invalid or unenforceable in whole or in part this will not affect the validity of the other provisions or remainder of the provisions in question, which shall remain in full force and effect.
10.3 No waiver by us of any breach of the terms of this Agreement shall be considered a waiver of any subsequent breach.
10.4 This Agreement is personal to you and you cannot transfer any of your rights under it without our prior written consent.
Copyright in Lists and labels purchased from BikiniLists Limited shall at any times remain vested in BLL.