Effective Date: The "Terms and Conditions" last update was on October 20, 2009.
By registering on this website (www.liquid-marketing.co.uk), you agree to the following Terms and Conditions.
This Terms and Conditions 'Agreement' sets forth the standards of use of the Liquid Marketing Online Service for Registered Members. By registering and/or using the Liquid Marketing website, you (the "Member") agree to be bound by this Agreement. If you do not agree to the Agreement, you should immediately cease all usage of and access to this website. IMK reserves the right, at any time, to modify, alter, or update the terms and conditions without prior notice. Modifications shall become effective immediately upon being posted at the www.liquid-marketing.co.uk website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Terms and Conditions and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Internet Marketing Kent Ltd. ("IMK") is providing Members only with an online service known herein as "Liquid Marketing." and is not responsible for providing the equipment necessary for any Member to achieve access, nor the payment of any fees related to internet access.
2. Membership of the Liquid Marketing website is deemed suitable only for Members operating from or within the UK, due to the nature of generation of leads by Users from external UK based and targeted websites.
3. The site is provided by IMK on an "as is" basis, as leads are generated by users in 'real-time'. To the fullest extent permitted by applicable law, IMK makes no representations or warranties of any kind, express or implied, regarding the use, results or benefits of this web site, nor in terms of the correctness, accuracy, reliability, or applicability of the data contained within it. In particular, IMK makes no warranty regarding the accuracy of the information on this site, or its applicability for the purposes of lead generation, or the functionality of features. IMK shall have no liability for any interruptions in the use of this Website, or for the posting of copyrighted information by its users or members. IMK disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
4. IMK shall not be liable for any damages whatsoever for the use or abuse of this site, and in particular IMK shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if IMK has been advised of the possibility of such damages.
5. Member agrees to indemnify and hold IMK, directors and employees, harmless from any claim or demand, including reasonable lawyer's fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
6. All Liquid Marketing Members are entirely responsible for any and all activities that occur under their account whether authorised or not authorised. Each Member agrees to notify IMK of any unauthorised use of Member's account or any other breach of security known or should be known to the Member. Each Member will be provided with an account with personal password protection and as such, the right to use the Service is personal to the Member. Each Member shall agree not to resell or make any commercial use of the Service without the express written consent of IMK. Member agrees to abide by the rules of the system, to not attempt to, or be a party to activities designed to damage the system. And member agrees that IMK may terminate membership at any time for a violation of the system's guidelines, or for non-payment, without recourse by member.
7. There are no fees for accessing the Liquid Marketing website. All fees paid are for sales leads either currently within the system and/or those which arrive into the system on an 'as and when' basis. Members pay in advance for leads generated by users in real time and IMK makes no promise that such leads will occur. Members may set a fixed bid for leads and may soon be outbid by another member, whereupon all leads generated thereafter will be sent to the highest bidder at that particular time. Should a Member have an existing bid lower than the current high bid within the system and all higher bidders remove or reduce their bids to a lower level, all leads generated thereafter or existing in the system will then revert to the current highest bidder. Should the Member be dissatisfied with the Liquid Marketing service, refunds for leads received may be made solely at the discretion of IMK.
8. IMK does not hold credit card information as all transactions are handled securely by a 3rd party Payment Service Provider, in the case of IMK this is Barclay Merchant Services. IMK has been deemed compliant with PCI DSS guidelines; as such, any issues arising from the handling of sensitive cardholder information should be directed at the Member's own bank in the first instance.
9. Member agrees that all data entered into or uploaded to the Liquid Marketing becomes the property of IMK, subject to the conditions described in the Privacy Policy.
10. IMK reserves the right to modify or discontinue the Service without notice to the Member. IMK shall not be liable to Member or any third party should IMK exercise its right to modify or discontinue the Service or to 'force-majeur'. Member acknowledges and accepts that IMK does not guarantee continuous, uninterrupted or secure access to the website, and that operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of IMK's control.
11. The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that IMK is not responsible for the availability of, or the content located on or through, any third-party site. Member should contact the site administrator or Webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member's use of those third-party sites is subject to the Terms and Conditions of Use and privacy policies of each site, and IMK is not responsible therein. IMK encourages all Members to review the privacy policies of third-party sites.
12. Disclaimer Regarding Accuracy of Lead Information: Leads have been provided by the users of external websites. Member agrees that IMK is under no obligation to ensure that the information on this website is accurate, and, IMK can make no representations or warranties as to the accuracy or reliability of any information provided on this website. IMK makes no warranties or representations whatsoever with regard to any lead provided. Member acknowledges that any reliance on information provided by Users shall be at Member's own risk.
13. This website is hosted within England, UK, maintained and operated by IMK, a registered English company and therefore English law will apply, regardless of where this web site is accessed from. English Law will govern the Terms and Conditions of Use, without giving effect to any choice of law rules. IMK makes no representation that this website or other services are appropriate, legal or available for use in other locations. Accordingly, if Member chooses to access this site, Member agrees to do so subject to English Law.
14. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable English Law, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.
15. Copyright and Trademark Information: All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is C 2009 IMK, Inc., all rights reserved, or is the property of IMK, and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorised officer of IMK is strictly prohibited. Member agrees that they will not use any robot, spider, screen scraper or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorised director of IMK. The Liquid Marketing, www.liquid-marketing.co.uk are proprietary marks of IMK. IMK's trademarks may not be used in connection with any product or service that is not provided by IMK, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IMK. All other trademarks displayed on IMK's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Members. In addition, such use of trademarks or links to the web sites of Vendors or Members is not intended to imply, directly or indirectly, that those Vendors or Members endorse or have any affiliation with IMK.
16. Botnets: IMK retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, IMK reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
17. Other Terms: If any provision of this Terms and Conditions of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms and Conditions of Use Agreement and any other agreements referenced herein may be assigned by IMK, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms and Conditions of Use Agreement, Member is also consenting to be bound by the Privacy Policy associated with Liquid Marketing.