Terms of use

Merlin Marketing provides its content on this website, the address of which is www.Merlin-Marketing.com (the ‘Site’) subject to the following terms and conditions (the ‘Terms’).

We may periodically change the Terms, so please check back from time to time. These Terms were last updated on October 24th, 2006.

By accessing or using the Merlin Marketing site you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use our web site.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Merlin Marketing or its licensors and is protected by U.K. and international copyright laws. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the ‘Trademarks’) displayed on the Site are the registered and unregistered Trademarks of Merlin Marketing and its licensors. You agree that you will not refer to or attribute any information to Merlin Marketing or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Merlin Marketing or its licensors.

3. The information we provide

We use reasonable endeavours to ensure all information on the website is accurate but you should independently verify any information before relying on it. Please note that we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the content of our website.

If you find any inaccurate information on the website please let us know and we will correct it, where we agree, as soon as practicable.

4. Use of Site Content

Merlin Marketing hereby grants you a non-exclusive, non-transferable annual license on payment of the agreed licence fee to access and download, display, and print one copy of the content and functionality displayed on the Site (the ‘Site Content’) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Merlin Marketing’s prior written consent.

5. User Postings

You acknowledge and agree that Merlin Marketing shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Merlin Marketing for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Merlin Marketing’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Merlin Marketing is not responsible for such information. However, Merlin Marketing reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

6. Notices of Infringement and Takedown by Merlin Marketing

Merlin Marketing prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Merlin Marketing at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Merlin Marketing will remove any content or posted submission that infringes the copyright or other intellectual property right of any person under U.K law.

7. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Merlin Marketing IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED ‘AS IS,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Merlin Marketing AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. Merlin Marketing SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER Merlin Marketing NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

8. Third-Party Web Sites

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Merlin Marketing has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

9. Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or other internet connection device.

10. Governing Law; Jurisdiction

These Terms are governed in all respects by English Law.