Terms and Conditions
Background:

This agreement applies as between you, the User of this Website and List-Link Networks Ltd, the owner of this Website. Your agreement to comply with and be bound by Clauses 1,2 and 4, 6 - 10, the relevant sub-Clauses of 13 and 14 – 22 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 5, 11 and the relevant sub-Clauses of 13 apply only to Paid Content and subscriptions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:


“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Click-thru Credits” Credits purchased for the provision of additional exposure and/or advertising on doingdata.com
“Free Content” means any Content that is accessible without the payment of a Subscription Fee;
"Paid Content" means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
“Datacard” Means Content pertaining to a specific mailing list, insert or data opportunity, usually containing some or all of the following; datacard title, contact method/s, description, selection options, production options, ordering considerations, external web links, ordering considerations, data supplier name and contact details;
“Service” means collectively any online facilities, tools, services or information that List-Link Networks Ltd makes available through the Website either now or in the future;
“Subscription Fee” means the sum of money paid by Users at weekly, monthly or yearly intervals to keep their Account active and to enable them to access Paid Content;
“Subscription Period” means the period for which a subscription has been purchased and may refer to a week, a month or a year accordingly;
“System” means any online communications infrastructure that List-Link Networks Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by List-Link Networks Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (www.doingdata.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
“We/Us/Our” means List-Link Networks Ltd, a company registered in England under 4697487 of Bank Chambers, Market Place, Melbourne Derbyshire DE73 8DS.
2. Intellectual Property

2.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of List-Link Networks Ltd, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 By submitting Content you warrant and represent that you are the author of such Content and that, where appropriate, you have acquired all of the appropriate rights and / or permissions to use the Content as stated in this Clause 2.
2.3 By submitting Content you expressly agree that List-Link Networks Ltd may edit & reproduce your Content and use it in the following ways:
2.3.1 for publication on the doingdata.com website;
2.3.2 for promotional purposes via email and social media platforms;
2.3.3 for distribution via email & social media platforms.
2.4 You expressly agree that subject to Clauses 4 and 5, Our Users can download, save, print and republish Content originally supplied by You for the purpose of selecting data and making recommendations to clients.
2.5 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 4 and 5 of these Terms and Conditions apply.

3. Content Screening and Conformity

List-Link Networks Ltd retains editorial control over all Content, including Datacard Content submitted to Us. If any Datacard You submit is deemed inappropriate you will be informed of our refusal and reasons for that refusal. Please email research@doingdata.com to request information on Content that We deem appropriate or inappropriate.
3.1 You warrant that Our use of Your Content in accordance with these Terms and Conditions will not infringe any third party intellectual property rights.

4. Use of Free Content

4.1 Subject to the provisions of this Clause 4, you may print, reproduce, copy, distribute, store or re-use Free Content from the Website. Specifically you agree that:
4.1.1 You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

5. Use of Paid Content

5.1 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription.
5.2 Under such a licence, We agree that you may save, download, re-publish and print Paid Content in the form of Datacards as indicated on the website for the purpose of making data selection for yourself or for recommending data selections to third parties.
5.3 Subject to the provisions in this Clause 5, You agree that You will not systematically copy Paid Content including Datacards from the Website with a view to creating, compiling or publishing any form of comprehensive collection, directory or database unless given Our express written permission to do so.

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in images and descriptions belong to the manufacturers or distributors of such products or services as may be applicable.
6.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant company.

7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of List-Link Networks Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.doingdata.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express permission. To find out more please contact Us by email at support@doingdata.com or call +44 (0)1332 650630.
9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules:
9.1.1 you must not use obscene or vulgar language;
9.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 no Content that is intended to promote or incite violence;
9.1.4 it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 the means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
9.1.7 you must not impersonate other people, particularly employees and representatives of List-Link Networks Ltd or Our affiliates; and
9.1.8 you must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”;
9.2 You acknowledge that List-Link Networks Ltd reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that List-Link Networks Ltd may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to access certain Free Content and Paid Content on this Website and to use certain other parts of the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Subscriptions and Cancellation

11.1 Single payment subscriptions; subscription charges commence on the date that We activate your subscription. Your subscription will automatically expire at the end of your subscription period and you will not be charged again unless you choose to renew your subscription.
11.2 Direct Debit subscriptions; subscription charges commence on the date that We activate your subscription. Your subscription will automatically renew for each subsequent Direct Debit payment received.
11.3 Your first payment will be at the price quoted in writing directly to you. List-Link Networks Ltd reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
11.3.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
11.3.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit Our Subscriptions page www.doingdata.com/subscribe.
11.4 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email will there be a binding contract between List-Link Networks and you.
11.5 Subscription confirmations under sub-Clause 11.5 will be sent to you upon your activation of a subscription and shall contain the following information:
11.5.1 Confirmation of the subscription including the applicable dates (including the commencement date, expiry and/or renewal date);
11.5.2 Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;
11.5.3 A confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 11.6.
11.6 Provision of Paid Content shall commence immediately upon Our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with List-Link Networks Ltd as detailed below in sub-Clause 11.7.
11.7 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between List-Link Networks Ltd and you is formed (as explained under sub-Clause 11.4) and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of Paid Content begins immediately upon Our confirmation of your subscription. As set out in sub-Clause 11.6, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
11.8 You may cancel at any time after subscribing, however subject to sub-Clause 11.9, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.
11.9 If you subscribe in error you must inform Us within 3 days of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

12. Click-thru Credits

12.1 Click-thru Credits are non-refundable.
12.2 List-Link Networks Limited will not refund money for un-used Click-thru Credits.
12.3 List-Link Networks Limited reserves the right to alter the amount of Click-thru Credits required for any promotional option at any time.
12.4 List-Link Networks Limited reserves the right to change to price of credit bundles from time to time as applicable. This change will not affect any credits you have already purchased which form your credit balance.
12.5 List-Link Networks Limited makes no guarantees of the success or return on investment you will receive by purchasing and using promotional Click-thru Credits on Doingdata.com.

13. Termination

13.1 Either List-Link Networks Ltd or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
13.2 If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. Such terminations can be appealed by contacting support@doingdata.com or calling +44 (0)1332 650630.
13.3 If We terminate your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
13.4 If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.
13.5 If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period as per sub-Clause 10.8.

14. Privacy

14.1 The use of the Website is also governed by Our Privacy Policy which is incorporate into these Terms and Conditions by this reference. To view the Privacy Policy please click on the link above.

15. Disclaimers

15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
15.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of Our service.
15.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.4 Commercial use of the information on this Website is permitted, however We make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
15.5 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

16. Availability of the Website and Modifications

16.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Website or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
16.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
16.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

17. Limitation of Liability

17.1 List-Link Networks Ltd’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these Terms and Conditions shall be limited to the value of the relevant User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, We accept no liability. Users should be aware that they use the Website and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts List-Link Networks Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of List-Link Networks Ltd.
17.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

18. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

19. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

20. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and List-Link Networks Ltd.

21. Communications

21.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@doingdata.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click the unsubscribe link on any email from us, or email your request to support@doingdata.com.

22. Law and Jurisdiction

These Terms and Conditions and the relationship between you and List-Link Networks Ltd shall be governed by and construed in accordance with the Law of England and Wales and List-Link Networks Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.


© List-Link Networks Ltd 2012
Doingdata.com is a trading name of List-Link Networks Ltd
Registered in England number: 4697487
UK VAT registration number: GB 812 5724 44
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