Terms of Service for http://lodestardigitalmarketing.co.uk, Lodestar Digital Marketing trading as Digital Income Training Company
This agreement is in effect as of Nov 01, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any http://lodestardigitalmarketing.co.uk employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless http://lodestardigitalmarketing.co.uk and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from http://lodestardigitalmarketing.co.uk or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Http://lodestardigitalmarketing.co.uk will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on http://lodestardigitalmarketing.co.uk, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of http://lodestardigitalmarketing.co.uk and Lodestar Digital Marketing who trade as Digital Income Training Company Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by http://lodestardigitalmarketing.co.uk.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by http://lodestardigitalmarketing.co.uk Lodestar Digital Marketing who trade as Digital Income Trading Company Ltd from our offices located in the state of Gloucestershire, United Kingdom. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gloucestershire, by accessing our website, you agree that the statutes and laws of Gloucestershire, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United Kingdom, Gloucestershire You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, http://lodestardigitalmarketing.co.uk EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any proofs of work may be submitted for customer’s approval and Lodestar Digital Marketing shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to the Lodestar Digital Marketing’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis. The forgoing provisions relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing taking place or digital media going live, proofs may take the form of hard copy, digital files or websites and applications viewed on-line.
Unless otherwise specifically requested in writing any work may carry the Lodestar Digital Marketing imprint which will be positioned at Lodestar Digital Marketing’s discretion.
Credit terms and payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Lodestar Digital Marketing reserves the right to (a) charge interest on the overdue debt at the statutory rate from time to time in force and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment and (b) suspend work for the customer and remove / take down digital work completed to that point until payment has been received.
Any notice to be required to be served under any contract between Lodestar Digital Marketing in question and the customer shall be in writing and delivered personally or sent by first class prepaid post to the address of the outlet operated by Lodestar Digital Marketing and, in the case of the customer, to the address of the customer detailed in the order form. Any such notice shall be deemed properly served, in the case of personal delivery on delivery and in the case of posting two working days after the date of posting.
Digital work including websites, website services and mobile applications
(a) Agreed projects will be set out in written project proposals that include (i) a payment schedule for the work and (ii) a specification, milestones and approximate delivery dates. Digital work is not provided on a Guaranteed Turnaround basis and Lodestar Digital Marketing may adjust delivery dates for milestones and will keep the customer appraised of progress and any delays due to technical obstacles and / or resourcing limitations, any extension to delivery dates will not entitle the customer to a refund of payments already made.
(b) Any amendments to the specification set out in project proposals could result in additional costs to the customer, Lodestar Digital Marketing will raise and discuss any additional costs and agree such terms with the customer before carrying out work on modifications to the specification.
(c) Lodestar Digital Marketing will notify the customer when a milestone has been completed and / or raise an invoice as set out in the project proposal payment of which shall be acceptance and sign-off on work completed at that point.
(d) Lodestar Digital Marketing will endeavour to ensure that web pages work in current and recent versions of preeminent web browsers (such as Firefox, Chrome, Explorer and Safari) at the time of undertaking the project. The customer acknowledges that technology is fast moving and Lodestar Digital Marketing cannot give absolute assurance as to how web pages will look and work on any given browser or device released from time to time.
(e) The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any website, mobile application or similar services shall, as between the customer and Lodestar Digital Marketing, belong to Lodestar Digital Marketing. Further, save as expressly granted under the contract with Lodestar Digital Marketing, the customer shall have no right or licence whatsoever in or to the Lodestar Digital Marketing application:
(f) The Lodestar Digital Marketing application may utilize a range of technologies including open source software and items supplied under license by third parties (“Third Party Content”). The customer acknowledges and agrees that Lodestar Digital Marketing’s ability to make the Lodestar Digital Marketing application available may be dependent on Lodestar Digital Marketing having the benefit of licences in respect of such Third Party Content, which licences may be ended at any time and accordingly, if Lodestar Digital Marketing loses the benefit of such licences it will not be under any obligation to continue to make the Lodestar Digital Marketing application available. The customer further acknowledges and agrees that provisions of such licences may be deemed incorporated into these terms and conditions.
(g) The customer acknowledges and agrees that whilst Lodestar Digital Marketing will use its reasonable endeavours to ensure that the Lodestar Digital Marketing application is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives no warranty whatsoever that the Lodestar Digital Marketing application will be accessible either in whole or in part or otherwise “on line” for any period of time or that access will be uninterrupted or secure.
(h) The customer agrees that in respect of the Lodestar Digital Marketing application it will not:
(i) do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud, trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming routines;
(ii) do any act which Lodestar Digital Marketing in question has reasonably requested the customer not to do;
(iii) do or attempt to do any act which violates any system or network security which, without limitation, shall include unauthorised access and/or probing or scanning of the system security and/or hacking;
(iv) involve itself in spamming, mail bombing, system flooding or anything similar;
(v) provide any false or misleading information to Lodestar Digital Marketing or over the Lodestar Digital Marketing application;
(vi) use the Lodestar Digital Marketing application for chat pages, contests or any other high volume activities without the express written permission of Lodestar Digital Marketing in question;
(i) The customer acknowledges and agrees that if Lodestar Digital Marketing reasonably considers that the Lodestar Digital Marketing application is being used for any purpose that Lodestar Digital Marketing reasonably considers to be in breach of any of the above provisions or otherwise, in the common sense of the word, improper, then it may without prior notice take down the Lodestar Digital Marketing application in question without incurring any liability whatsoever to the customer.
(j) The customer acknowledges and agrees that it is not envisaged that any Lodestar Digital Marketing application will exceed such bandwidth as Lodestar Digital Marketing reasonably considers appropriate (having regard to the fact that it is envisaged that only low volumes of traffic will be driven through the Lodestar Digital Marketing application), to the extent that such bandwidth is materially exceeded and/or is regularly exceeded Lodestar Digital Marketing may apply caps or throttling to bandwidth supplied or, without prior notice suspend or otherwise take down the Lodestar Digital Marketing application in question, without incurring any liability whatsoever to the customer.
(k) The customer acknowledges and agrees that Lodestar Digital Marketing will have no liability for any element of the Lodestar Digital Marketing application that was not created by it or on its behalf or which was supplied by the customer and further, the customer acknowledges and agrees that Lodestar Digital Marketing shall only be liable in respect of any inaccuracy of any element of the Lodestar Digital Marketing application that has been created by it or on its behalf if having been notified of such inaccuracy, which notification must be within 28 days of delivery, Lodestar Digital Marketing has, after having been supplied with everything it reasonably requests from the customer, failed to rectify the inaccuracy within seven days of being so notified and then the extent of Lodestar Digital Marketing’s liability in respect of such liability shall be governed by these terms and conditions.
The Nettl reseller shall be under no liability (and shall not be obliged to refund all or part of any fees paid by the customer) if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Nettl reseller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
(l) As regards the provision of the Lodestar Digital Marketing application and any related services by Lodestar Digital Marketing, any words and phrases which have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
8 Beale Close
Stroud, Gloucestershire GL6 8DF
Variation to Terms and Conditions
These terms and conditions may be amended from time to time by Lodestar Digital Marketing (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via the Website.