KIDS-PARTY.COM Disclaimer

KIDS-PARTY.COM is a registered trade mark of KIDS-PARTY.COM ("KIDS-PARTY.COM"). All rights reserved.

It provides subscribers to the relevant KIDS-PARTY.COM ("Subscribers") access to the Web site and the facility to have a 'WebPage' entry within the web site which can be located using various search criteria e.g. under the relevant service classification, an alphabetical index etc. Visitors who are not subscribers may also visit the web site which has not been designated 'Subscribers Only'. Whilst this Web Site has been compiled in good faith by KIDS-PARTY.COM it is based upon information supplied to it by Subscribers and third parties as well as KIDS-PARTY.COM staff. You should therefore verify any information obtained from this Web Site before you act upon it by checking its accuracy with an authorised representative of KIDS-PARTY.COM or where it concerns a subscriber, the relevant Subscriber.

As a consequence, you should be aware that the information contained in this Web Site may be incomplete, inaccurate or out of date. It is therefore provided without any warranty as to its completeness or accuracy or any other warranty, either expressed or implied, including but not limited to any implied warranties or implied terms as to suitability or fitness for a particular purpose and all such implied terms and warranties are hereby excluded.

In exchange for providing visitors with free access to material on this Web Site, and subscribers complete access and registration to the database via the WebPage entry you agree that KIDS-PARTY.COM will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Web Site or from your access to Web Sites of Subscribers or other material on the Internet obtained via Web links from this Site.

The information and material contained in this Web Site does not contain an offer to sell any securities and must not be relied on in connection with any investment decision.

The copyright in the material contained in this Web Site belongs to KIDS-PARTY.COM or the relevant Subscriber or third party that has supplied it. To the extent that KIDS-PARTY.COM can grant rights in respect of the same, any person may not copy any part of the material, without the express permission in writing by KIDS-PARTY.COM or the relevant subscriber. Where permission has been granted, the copies must retain any copyright or intellectual property notices contained in the original material; and the products, technology or processes described in this Web Site may be the subject of other intellectual property rights reserved by KIDS-PARTY.COM or other third parties. No licence is granted in respect of those intellectual property rights.

All business undertaken by KIDS-PARTY.COM either direct or via this Web Site will be subject to KIDS-PARTY.COM's Standard Terms & Conditions. Nothing here alters or supercedes those Terms & Conditions.

The above exclusions and limitation apply only to the extent permitted by English law, except where subscribers are resident in Scotland, in which case Scottish Law will apply.

KIDS-PARTY.COM Terms & Conditions of Business

With effect from 1st January 2000

1. Background:

1. KIDS-PARTY.COM is a trading division and trademark of KIDS-PARTY.COM Limited ("KIDS-PARTY.COM"). It provides businesses with the opportunity to promote themselves by subscribing to an interactive business directory and information service appearing on the Internet and provides ancillary services connected with the same `("the Services"). A "Subscriber" is a person, firm or company acquiring services from KIDS-PARTY.COM. KIDS-PARTY.COM consists of 20 county sites as follows:-  KIDS-PARTY.COM, KIDS-PARTY.COM/Scotland-North. KIDS-PARTY.COM/Scotland-S-West, KIDS-PARTY.COM/Scotland-S-East, KIDS-PARTY.COM/The-North, KIDS-PARTY.COM/North-West, KIDS-PARTY.COM/North-East, KIDS-PARTY.COM/North-Wales, KIDS-PARTY.COM/West-Midlands, KIDS-PARTY.COM/East-Midlands, KIDS-PARTY.COM/The-East, KIDS-PARTY.COM/South-Wales. KIDS-PARTY.COM/South-West, KIDS-PARTY.COM/West-Country, KIDS-PARTY.COM/Home-Counties, KIDS-PARTY.COM/London, KIDS-PARTY.COM/South-East, KIDS-PARTY.COM/Northern-Ireland, KIDS-PARTY.COM/Eire, PARTY-KIDS.CO.UK, eDEZ.CO.UK All of these names are trademarks of KIDS-PARTY.COM. All rights reserved. All of these sites comprise the KIDS-PARTY.COM network ("network").
   

2. Contract:

1. KIDS-PARTY.COM contract on these conditions only and acceptance by KIDS-PARTY.COM of any application from a Subscriber for inclusion on the KIDS-PARTY.COM Web Site network shall be upon these conditions.

2. KIDS-PARTY.COM reserve the right to reject any application received by them.
3. KIDS-PARTY.COM also reserves the right at anytime without notice to remove any subscriber from the web site network and return any computer files on disk to the address of the subscriber registered on KIDS-PARTY.COM, or a web site hosted by KIDS-PARTY.COM or any other Web host on the Internet. In this event KIDS-PARTY.COM is not obliged to give a reason but will return all monies due to the subscriber on a time-apportioned basis.

4. Once a WebPage entry has been published on KIDS-PARTY.COM, KIDS-PARTY.COM will make one amendment free of charge in any one year, and thereafter a small charge per amendment will be made. Unless otherwise stated in writing. KIDS-PARTY.COM reserves the right not to deal with queries on the telephone and does not offer a telephone support service for the WebPage entry.

5. If KIDS-PARTY.COM has designed Web pages for the subscriber after the proof has been agreed verbally or otherwise KIDS-PARTY.COM reserves the right to make a reasonable charge per amendment to pages as required and has a reasonable time in which to make such amendments.

6. Foreign language translations - KIDS-PARTY.COM will recommend or sub-contract foreign language services, but in no way can warrant the accuracy of any translated pages. Subscribers must take whatever steps they need to satisfy themselves on the accuracy of any such translation or whether the content of any foreign language page contravenes any laws or these terms and conditions. The subscriber agrees to indemnify KIDS-PARTY.COM and any agent or sub contractor it appoints in accordance with this clause.

7. KIDS-PARTY.COM reserves absolutely the right to remove any WebPage entry or web site that it hosts, whether the subscriber has the ability to change its own content or not, that links directly or indirectly to a web site which in KIDS-PARTY.COM's sole opinion it considers to be distasteful or of an unacceptable nature i.e. pornography, depicting violence etc. Any such sites will be reported to the appropriate authorities where they are deemed to be illegal.
8. Copyright in web pages (excluding national, regional and local WebPages which are part of the network) designed and produced by KIDS-PARTY.COM and hosted independently from the network are owned by the customer once all monies have been paid to KIDS-PARTY.COM to the extent that KIDS-PARTY.COM is able to grant such rights. The KIDS-PARTY.COM or other suitable Logo hyperlinked to the KIDS-PARTY.COM Site must remain on the front page until such time as it has been materially altered.

9. The customer or subscriber warrants absolutely that any material given to KIDS-PARTY.COM to work with in the design of a web site or WebPage is the copyright of the relevant customer or subscriber and agrees to indemnify KIDS-PARTY.COM for any breaches of copyright with third parties.

10. If KIDS-PARTY.COM has agreed to make submissions of WebPages or web sites or web pages to search engines, subscribers and customers agree that KIDS-PARTY.COM has no control over these Internet search engines and as such cannot guarantee that the submission will be accepted or at what position the item will appear.

11. Customers, subscribers and visitors accept that KIDS-PARTY.COM cannot ensure that web pages in all respects are visible in all browsers and versions of these browsers. KIDS-PARTY.COM will use its best endeavours to ensure that web sites or WebPages are visible in the most commonly used version of Internet Explorer or Netscape.

12. If KIDS-PARTY.COM has registered a domain name for any subscriber this registration lasts for the period agreed between KIDS-PARTY.COM and the subscriber.  At the end of that period it is the sole responsibility of the subscriber to renew the registration.  Subscribers agree that KIDS-PARTY.COM acts as their agent in the domain name registration and that they are bound by the terms and conditions of Nominet.

3. Charges:

1. KIDS-PARTY.COM reserves the right to amend or increase its charges at any time without notice. such changes will take effect at such times that they are published on the web site.

2. The charges made for the provision of services are as stated in the Quotation/Application/Order Form being part of the KIDS-PARTY.COM brochure or as agreed in writing or otherwise, save that such charges are subject to alteration by KIDS-PARTY.COM and any such alterations will be notified to a Subscriber by KIDS-PARTY.COM when acknowledging acceptance of the quotation/application/order for inclusion of an entry on the KIDS-PARTY.COM Web Site network. In the event of any increase in charges so notified to it, a Subscriber may cancel its application and KIDS-PARTY.COM will reimburse the Subscriber with any sums paid if it is not in agreement with the increase in charges.

3. Any written quotations made by KIDS-PARTY.COM are valid only for a period of 30 days.

4. Payment:

1. Payment shall be due when returning the Application/Order Form, in advance of KIDS-PARTY.COM providing any of the Services or as agreed by KIDS-PARTY.COM . In the event that charges have increased from those stated on the Application/Order Form, the Subscriber shall either cancel the application in accordance with Clause 3 above or shall pay the balance owing within 14 days of the date of notification of the increase.

   All payments made shall include value added tax at the prevailing rate. If any monies become overdue for payment KIDS-PARTY.COM may:

a) remove, or not remove (at KIDS-PARTY.COM's discretion), the subscriber from KIDS-PARTY.COM without prejudice to KIDS-PARTY.COM's rights to claim for the monies owed, interest and costs of collection.

b) give extended credit on terms that KIDS-PARTY.COM sees fit without varying these terms and conditions in any other way.

c) delete without any safeguard any subscriber's web site, web pages, links, or intellectual property, graphics designs or hard copy material supplied in assisting the production of the web site or pages or WebPage entry from our computer servers without prejudice to KIDS-PARTY.COM's rights to claim for the monies owed, interest and costs of collection.

5. Renewal:

1. Prior to expiry of the subscription period for any Subscriber, KIDS-PARTY.COM shall invite the Subscriber to renew its subscription for a further specified period upon payment of the charges ruling at the time. If the Subscriber notifies KIDS-PARTY.COM that it does not wish to renew the subscription or if it fails to pay the charges in accordance with the said invitation, KIDS-PARTY.COM reserves the right to remove any details relating to that Subscriber from the KIDS-PARTY.COM Web Site, but not be obligated to do so. KIDS-PARTY.COM may insist on a small removal fee to be paid in advance, if there is an express wish that the details be removed.

2. Save in the circumstances described in Clause 3 KIDS-PARTY.COM shall make no refunds and, in particular, no Subscriber shall be entitled to a refund where a request is made to KIDS-PARTY.COM to cancel provision of the Services following acceptance of an Application. In particular, if an advance payment has been made against a web site design project, and no information has been supplied to KIDS-PARTY.COM after 6 months.  The advance payment is forfeit. Any extension of time granted by KIDS-PARTY.COM in respect of this clause does not amount to a variation of any other terms & conditions.

6. Contact:

1. Information concerning a Customer contained on the KIDS-PARTY.COM Web Site or any customised web site prepared by KIDS-PARTY.COM will be derived from information provided by the Subscriber and it is therefore the Subscriber's responsibility to ensure that the information contained in the same is accurate by checking the web site. Web sites will not be published without the Subscriber's approval verbally or otherwise, and KIDS-PARTY.COM shall incur no liability for any errors not corrected by the Subscriber in such proofs.

2. KIDS-PARTY.COM shall not be required to include within any Web Site or WebPage entry any matter which in its opinion is or may be of an illegal or defamatory nature or which may give rise to any liability on its part. This will not give grounds for terminating the agreement by the subscriber in producing the web site in all other respects or avoiding liability for charges incurred.

3. The Subscriber shall keep KIDS-PARTY.COM and all of its employees and agents indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liability whatsoever which may be made against KIDS-PARTY.COM, its employees or agents or which such persons may sustain, pay or incur arising out of or in connection with any illegal or defamatory matter included on any Web Site regardless in what language the matter is published for the Subscriber or any infringement of trademarks (registered or unregistered) copyright, patent or design. This indemnity is given to KIDS-PARTY.COM for itself and for its employees and agents and as agent for such employees and agent.

4. Unless otherwise agreed any property or material supplied by or on behalf of the Subscriber in order for KIDS-PARTY.COM to provide the Services will not be returned to the Subscriber.

7. E-Mail to Fax Service:

1. KIDS-PARTY.COM will provide an E-Mail to Fax forwarding service free of charge for the first contact from any sender to the Subscriber from anywhere in the world for the period of three months immediately following inclusion of a Subscriber's details on the KIDS-PARTY.COM Web Site, up to a maximum of 10 e-mails. Thereafter, KIDS-PARTY.COM will make a charge for this service at least equal to the costs it incurs in providing the service plus a small forwarding charge. KIDS-PARTY.COM are not obligated to forward e-mails if in their opinion the e-mail is a deliberate attempt to abuse the spirit of the system which is to enable free first contact to be made by the sender. KIDS-PARTY.COM will consider permanent arrangements to relay volume traffic at charges to be agreed.

   Any waiver by KIDS-PARTY.COM to make a charge when 10 E-Mail to Faxes have been forwarded, does not constitute a variation of these terms and conditions in any other way. KIDS-PARTY.COM has various levels of firewall protection to attempt to prevent unsuitable incoming e-mail. Subscribers fully accept that this is necessary and will not hold KIDS-PARTY.COM in anyway liable for faxes or e-mails not received.

8. Limitation of Liability:

1. KIDS-PARTY.COM's liability for any loss, injury or damage of any nature whatsoever, whether direct or consequential, arising out of or in connection with the provision of the Services whether arising out of a breach of implied or expressed term, warranty or condition shall not exceed the amount paid by a Subscriber in charges in respect of any one year.

9. Force Majeure:

1. KIDS-PARTY.COM shall bear no liability for loss, damage or delay howsoever arising caused by circumstances outside its control.

10. Copyright:

1. Copyright in any works created on behalf of a Subscriber, excluding the national, regional and local WebPages, in the course of provision of the Services shall remain the property of KIDS-PARTY.COM until all monies have been paid.

11. News Material:

1. Any news material contained in this web site is copyright and belongs to KIDS-PARTY.COM or The Press Association Limited or any holding company or subsidiary of it, or where so attributed, to an agency, broadcaster, publisher or other person (the news provider(s)), and all rights are reserved.
2. Any person(s), individual or corporate (user), who accesses this material may do so only for their own personal use, and the use of this material is at the sole risk of the user.
3. Distribution or commercial exploitation of news material on this web site is expressly prohibited.
4. The news provider(s) give no warranty that the supply of news material will be uninterrupted or as to the accuracy or to the results to be obtained from the news material.
5. Any access to news material on this web site constitutes an on-line agreement between the user and the news provider.

12. Message Boards:

KIDS-PARTY.COM shall publish from time to time trade boards, sports and message boards.

1. You understand the views of the person may be their own and not necessarily that of their employers.
2. You will not hold KIDS-PARTY.COM or any of its staff responsible for loss or damage to reputation, injury, or any losses or consequential costs howsoever caused.
3. You will not use language that may offend in anyway and particularly that may offend of an industrial or trade nature, racist, sexist, nationalistic, cultural or religious nature or post images of unacceptable nature, and if you do, you may be responsible in law to any person that you offend under their legal jurisdiction which may not be your own.
4. You are solely responsible for your actions and agree to indemnify KIDS-PARTY.COM for any loss that we may suffer for your breach of this agreement.
5. Use of the Message Board means you have accepted these terms and conditions.
6. KIDS-PARTY.COM reserves the absolute right to not accept or delete messages it deems unsuitable without giving a reason.
7. You will not post messages for the trade in illegal products or services.

These terms and conditions are construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts, except where subscribers are resident in Scotland, in which case Scottish Law will apply.

©2000 KIDS-PARTY.COM a trademark of KIDS-PARTY.COM