Terms and Conditions
Terms and Conditions: UK
Last updated: 25 March, 2013
Welcome to LivingSocial!
The following terms and conditions are the terms on which you may (i) access and interact with the UK content of our website www.LivingSocial.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (which will be clearly indicated by a UK city and/or by a reference to the United Kingdom towards the top-left corner of our site and/or in our page URLs) (each a “Site”) , whether as a registered user or otherwise; (ii) access and interact with our Services (as defined below) as they relate to UK content; (iii) purchase a Deal (as defined below); and/or (iv) purchase a product from a third party or LivingSocial (the “LivingSocial UK Shop”). Please read these terms and conditions carefully before you start to use a Site and/or the Services or purchase a Deal or make a purchase from LivingSocial UK Shop.
By using the Site and/or the Services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Site and the Services.
Non-UK Content and Services: The terms and conditions relating to your access to and interaction with any non-UK content of our Site(s) and/or non-UK services offered by LivingSocial may vary from these terms and conditions. Such country specific terms and conditions will be available from the Site when interacting with any such non-UK content and/or services. If purchasing from other LivingSocial countries, country specific terms and conditions will apply (and these will be clearly presented to you prior to purchase).
Each Site (as it relates to the UK), all Deals, and the LivingSocial UK Shop, are operated by LivingSocial Limited, a company registered in England and Wales with company registration number 07227708, VAT Number 988 8449 29 and with registered offices at 25 Wellington Street, London, WC2E 7DA, referred to in these terms and conditions as “LivingSocial UK”, “we”, “us” or “our”. Our e-mail address is email@example.com and our customer helpline is 020 3356 0899.
The term "you" in these terms and conditions refers to the person accessing or using the Site or our Services or purchasing a Deal or purchasing from LivingSocial UK Shop.
When you sign up to receive LivingSocial emails, we will send emails to the email address you have given featuring the deals for the cities/markets you have indicated you wish to receive updates on, unless and until you tell us, via your Account settings or by clicking the ‘unsubscribe’ link provided on the emails, that you do not wish to receive those emails (“Deal Emails”).
Within the Site, visitors may take advantage of various facilities, including (but not necessarily limited to):
- tools to share Deals with friends by email;
- tools to publish Deals to your Facebook timeline;
- tools to share Deals via your Twitter account; and/or
- tools facilitating the ‘me+3’ scheme (http://help.livingsocial.co.uk/articles/how-does-the-me-3-promotion-work),
(collectively and individually, the “Sharing Tools”).
The Deal Emails and the Sharing Tools are together and individually our “Services”.
Conditional Use of Our Site and Services
Your permission to use the Site is conditional upon your agreement that you:
- are 18 years of age or older;
- will comply with these terms and conditions;
- will provide accurate information when creating an Account or registering for our Services; and
- are solely responsible for your User ID and the activity that occurs while signed in to or while using LivingSocial using your User ID.
Your LivingSocial Account
You will need to create an account with LivingSocial (either by registering directly with us or by enabling the ‘Facebook Connect’ facility) (an “Account”) in order to obtain access to certain Services, including the ability to purchase Deals or products from LivingSocial UK Shop. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the LivingSocial Site and Services is not authorised by any other person using your User ID and you are responsible for preventing such unauthorised use. Anyone whose privilege to access the Site or use the Services has previously been terminated by LivingSocial may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
LivingSocial relies on User IDs to know whether users accessing the Site and using our Services are authorised to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
Privacy And Feedback
Any suggestions, comments or other feedback you communicate to us for improving or modifying our Site or Services will be non-confidential and non-proprietary, and you agree that any such suggestions, comments and/or feedback may be used by us in any manner we consider appropriate.
General Rules of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- use the Site and/or the Services for any purpose other than your own personal, non-commercial, use;
- use the Services (in particular, the Sharing Tools) in a way which will cause harassment, distress or upset to other persons, or which reflects negatively on LivingSocial (or Merchants);
- distribute anything via the Site and/or the Sharing Tools that may be harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate or distribute unsolicited electronic communications or spam;
- use the me+3 scheme in any way which is dishonest or fraudulent;
- use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services;
- impersonate another person whilst using the Site or the Services;
- copy or distribute any content of the Site in any medium (other than via the Sharing Tools, used in accordance with these terms and conditions) without LivingSocial's permission; nor
- use LivingSocial to collect any personal data, including but not necessarily limited to names and/or email addresses.
Links to Third Party Sites
Where any Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
LivingSocial Deals and LivingSocial UK Shop: Additional Terms
LivingSocial UK provides consumers with opportunities to purchase:
- products and services from third party businesses ("Merchants") with a time-limited promotional added value (a " Deal"); and
- products offered for sale through the LivingSocial UK Shop
When buying a Deal or from LivingSocial UK Shop, the terms and conditions which apply to your purchase are as set out below.
These terms and conditions are only available in English and the language of the Contract between us and you will be English.
LivingSocial UK Shop
These terms and conditions (together with any additional applicable terms and conditions listed against each product in the LivingSocial UK Shop) govern your purchases from the LivingSocial UK Shop. Please read these terms and conditions carefully and make sure that you understand them, before placing an order with LivingSocial UK Shop. You should understand that by placing an order with the LivingSocial UK Shop, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
How It Works
LivingSocial UK Shop offers you great products which are available for a limited period and for a discounted price. All LivingSocial UK Shop promotions are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we do not hold the item in stock. Instead, we would have reserved the items with our supplier for the duration of the promotion and only ordered it from our supplier at the end of the sale and therefore we may have to wait to receive items from our suppliers.
The products listed in the LivingSocial UK Shop are for sale solely in the UK. Unfortunately, the LivingSocial UK Shop cannot accept orders from or deliver to addresses outside the UK.
After placing an order with the LivingSocial UK Shop, we will take payment from your card, and you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been confirmed or accepted. Your order constitutes an offer by you to purchase the item(s) you have ordered. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you a further e-mail confirming when your order has been shipped (a “Shipping Confirmation”).
The contract between us and you (the “Contract”) will be formed when we send you a Shipping Confirmation and it will be subject to the then current version of these terms and conditions. We will notify you if for any reason we cannot accept your order, or any part of it (in which case we shall promptly refund the price you had paid in respect or the cancelled order, or the partially cancelled order, if any). The circumstances where we may be unable to accept your order include:
- where the item you have ordered is no longer available in stock;
- where your payment has not been authorised;
- where we have identified a pricing or product description error; and/or
- where you have not complied with these terms and conditions in any way.
The Contract will relate only to those items the shipment of which we have confirmed in a Shipping Confirmation. We will not be obliged to fulfil any other item(s) which may have been part of your order, unless and until the shipment of such item(s) has been confirmed in a separate Shipping Confirmation.
These terms and conditions are only available in English and the language of the Contract between us and you will be English.
EU Distance Selling Regulations. You are entitled to cancel a Contract (in whole or in part) provided that you notify us that you wish to cancel no longer than seven (7) working days after the day on which you receive the items to which the Contract relates (with the exception of any items which fall under the excluded product categories – see below) (the “Cooling-Off Period”).
To cancel a Contract, you must:
- firstname.lastname@example.org within seven (7) working days after the day on which you receive the item(s) you wish to cancel to request a returned materials authorisation number (RMA);
- we will issue you with an RMA;
- once we have issued your RMA number, return the cancelled item(s) to us at the returns address we give with your RMA as soon as you can.
You have a legal obligation to take reasonable care of the cancelled items whilst they are in your possession. Please note that if you fail to take reasonable care of cancelled item(s), or fail to return cancelled item(s) to us, we will be entitled to claim our corresponding loss from you.
If you cancel your Contract before we have issued the corresponding Shipping Confirmation, the cancelled item(s) will not be despatched to you. If however you cancel your Contract after we have issued the corresponding Shipping Confirmation, and we have therefore despatched the cancelled item(s) to you, you will be responsible for the cost of returning the cancelled item(s) to us (unless the item is faulty, is not what you ordered, or has been mis-described in which case see Section 3: Product Faults, below), and we strongly recommend that you return the package using a secure and traceable method i.e. Recorded/Special delivery, and retain your proof of postage receipt. Please be sure your package is insured and postage prepaid, and that you have packaged the cancelled items carefully.
Excluded Product Categories
Please note that your right to cancel under the EU Distance Selling Regulations set out above does not apply to items which fall into the following categories (this does not affect your right to return any item you have purchased from the LivingSocial UK Shop which is faulty, is not what you ordered, or has been mis-described):
- made to measure or personalised goods
- perishable goods (such as flowers and food)
- unsealed CDs, DVDs, tapes or other recording media, software or videos
Refunds for Cancelled Items
Where you have cancelled a Contract (in full or in part), we will refund the full price you had paid for the cancelled item(s). This will include the LivingSocial delivery charge (if any), unless you are cancelling only certain items under a Contract and the LivingSocial delivery charge also applied to items you wish to retain e.g. where a flat rate delivery charge is applied regardless of the number of items ordered and you cancel in respect of one item but you decide to keep another item ordered at the same time, we will not refund the delivery charge.
We will endeavour to process the refund due to you as soon as possible and, no later than 30 days from the day on which you gave us notice of cancellation.
In the event that an item you have purchased from LivingSocial UK Shop is not what you ordered, faulty, not as described, or not fit for purpose (a “Fault”), please contact us at email@example.com with full details, including which item the Fault relates to, the date when you purchased the item from LivingSocial UK Shop and the corresponding order number, and the nature of the Fault.
As a consumer, you have legal rights in relation to goods that are faulty, not fit for their purpose or not as described. You may return such items to us, and we will refund to you the purchase price, delivery charge for that item and any reasonable costs you incur in returning it to us. Nothing in these terms and conditions will affect these legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Please note that timescales for delivery and delivery charges will vary depending on the availability of the items ordered, and your address. Please allow for extra time for deliveries to Northern Ireland, Isle of Man, and Isle of Scilly. We cannot accept orders from or deliver to addresses outside the UK.
Our Shipping Confirmation will notify you of the estimated delivery date, and the delivery method used. Occasionally our delivery to you may be affected by an event outside of our control.
If no one is available at your address to take delivery, our delivery partner will leave a calling card notifying you how you may arrange for re-delivery. Our delivery partner will make a maximum of three delivery attempts before returning the order to us, in which case, we reserve the right to consider that you have rejected delivery and that the Contract is therefore cancelled.
Delivery of an order shall be completed when we deliver the item(s) to the address you gave us when placing your order. You own the item(s) once we have received payment in full from you in respect of such item(s) – unless and until the Contract is cancelled, in which case ownership of the item(s) reverts to us on our refund to you in respect of the cancelled item(s). The item(s) will be your responsibility from the completion of delivery of such item(s).
Price and Payment
The price of all items for sale through the LivingSocial UK Shop, and our delivery charges in respect thereof, will be as quoted on the LivingSocial shop site from time to time, except in cases of obvious error.
All prices listed include applicable VAT (and we reserve the right to increase our prices to cover any increase in the rate of VAT).
Our prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
Payment for all items ordered from LivingSocial UK Shop must be made by credit or debit card.
Some of the products offered via the LivingSocial UK Shop are provided for a limited number of purchasers or a limited number of purchases, as specified. Any attempt by a purchaser to obtain more than the permitted quantity specified by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
LivingSocial UK Deals
These terms and conditions (together with any additional applicable terms and conditions listed against each Deal on the LivingSocial Site (“Deal Specific Terms”)) govern your purchase of a Deal. Please read these terms and conditions carefully and make sure that you understand them, before purchasing a Deal. You should understand that by purchasing a Deal, you agree to be bound by these terms and conditions and the Deal Specific Terms. You should print a copy of these terms and conditions for future reference.
How It Works
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms and conditions associated with the Deal. All orders are subject to acceptance by LivingSocial and/or the Merchant. Once your order has been accepted, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email on behalf of the Merchant when the Voucher (defined below) for the Deal is ready to be used.
The contract between the Merchant and you (the “Deal Contract”) will be formed when we send you a confirmation. We will notify you if for any reason your order or any part of it cannot be accepted (in which case we shall promptly refund the price you had paid in respect or the cancelled order, or the partially cancelled order, if any). The circumstances where your order may not be accepted include:
- where Deal you have ordered is no longer available;
- where your payment has not been authorised;
- where we have identified a pricing or product description error; and/or
- where you have not complied with these terms and conditions in any way
The Deal Contract will relate only to those Deals to which we have sent you a confirmation. Neither we nor the applicable Merchant will be obliged to fulfil any Deal which may have been part of your order, unless a confirmation of the Deal has been sent.
The expiration date for a Voucher is as printed on the Voucher, and is the date by which you must enjoy your Deal. For vouchers which require an appointment or booking to redeem, we would remind you that appointments/bookings are subject to availability of the Merchant (as well as to any restrictions noted in the Deal description and/or Deal Specific Terms), and we would encourage you to contact the Merchant to make your appointment/booking as soon as you can, and in any case no later than the ‘book by’ date as indicated on the Deal description and/or Deal Specific Terms.
"Deal Pounds" are a form of LivingSocial currency that may be applied as a credit towards LivingSocial UK Deals.
Deal Pounds will expire in accordance with the expiry date expressed to apply. Deal Pounds may only be applied towards purchases that are in the same currency as the Deal Pounds. Deal Pounds are not returnable or refundable for cash, except where required by law. Resale of Deal Pounds is strictly prohibited.
Deal Specific Terms
Each Deal has Deal Specific Terms, which will be presented to you before you commit to purchase the particular Deal. Deal Specific Terms supersede any inconsistent terms in these terms and conditions, except to the extent such Deal Specific Terms are prohibited by applicable law.
Vouchers are issued on behalf of the Merchant when you purchase a Deal. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
- no cash value for any Voucher;
- no change, cash back or credit will be issued for a Voucher, except as required by law;
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the Voucher;
- Vouchers cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Voucher;
- neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers; and
- Vouchers are issued to you personally and duplicate use, sale or trade of a Voucher is prohibited.
To be clear, LivingSocial markets the Deals and provides Vouchers on behalf of Merchants. The Merchant is the issuer of the Voucher and provider of the products and/or services to which the Voucher relates. As the issuer of a Voucher, the relevant Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Merchant or its products and services, as well as for any claims or liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, you acquire the right to print a Voucher issued by the participating Merchant (and made available by us) and to use the Voucher according to its Deal Specific Terms and these terms and conditions. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion. In purchasing a Deal, you further acknowledge and agree that we are not responsible for the conduct of the Merchant and release us from any liability in respect of any claim relating to the conduct of any Merchant.
Getting Your Deal For Free
After you buy a Deal, you will receive a personalised link which you may choose to share with your friends. If at least three of your friends buy the same Deal using your personalised link, you will receive your Deal for free (a “Free Deal”)! If your three friends purchase the Deal after we have taken payment from you for the Deal, we will refund the price of the Deal to you via your original method of payment. The opportunity to get a Free Deal may not apply to all Deals or may be time-limited and subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of your Free Deal. If, after you received a Free Deal, those friends cancel their purchases or otherwise are refunded for their Deal, such that fewer than three people have purchased the Deal using your personalised link, you will no longer be eligible for a Free Deal, in which case the price of the Deal will be taken via your original method of payment. In the event payment cannot be processed or authorised, you will be responsible for promptly paying the full purchase price of the Deal, and we reserve our right to cancel or suspend your Deal.
Cancellations and Refunds
Unless otherwise stated in the Deal Specific Terms, you may cancel your purchase of any Deal within seven (7) working days following the date of your confirmation email (the “Cooling-Off Period”), provided always that delivery of the relevant services under the Deal has not yet begun or that you have not already redeemed your Voucher with the Merchant during the Cooling-Off Period. Please note that a Voucher will be deemed to have been redeemed with the Merchant for these purposes if you receive the services under the Deal or if you have forfeited the Voucher (for instance if you have made a booking to use your Voucher, and are seeking to cancel without giving the required level of notice under the Merchant's cancellation policy).
A working day for these purposes is any day that is not a Saturday, Sunday or a public holiday in England.
To exercise your right of cancellation, please call us on 020 3356 0899 or email us at firstname.lastname@example.org. Provided your call is taken and/or email is sent within the Cooling-Off Period, and the Voucher has not been redeemed, we will be happy to provide a refund on behalf of the Merchant for the price you had paid for the Voucher.
Outside of the Cooling-Off Period, or after redemption (if sooner), we do not provide refunds on behalf of the Merchant except in accordance with your legal rights (e.g. if goods are faulty and/or do not match their description or services provided by the Merchant are not provided to a reasonable standard and/or don't match their description).
If you give your voucher as a gift to another person, LivingSocial will only provide you with a refund if (a) you contact us within seven working days after you purchased your voucher and (b) the person to whom you gave the voucher has not added the voucher to their account. If you contact LivingSocial past the seven working-day cut-off, or if the recipient of the voucher has added the voucher to his or her account, LivingSocial cannot refund you. Any recipient who has added a voucher to his or her account may request a refund. All refunds to recipients of vouchers will be given in Deal Pounds, placed in their account for future use on qualifying LivingSocial purchases.
Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel (“Date-Specific Deal”). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you make an offer to buy a Voucher. In either case, the date(s) you select will be identified on the Voucher, and you can only redeem the Voucher on such specified date(s). You may not reschedule a Date-Specific Deal for another date or time for any reason, unless allowed by the Merchant. We will not give full or partial refunds on behalf of the Merchant to customers who fail to redeem a Date-Specific Deal on the date(s) specified on the Voucher. If for some reason the Date-Specific Deal is cancelled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a refund of the price you paid for the Deal upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the price you paid for the Deal.
Some of the Deals are capped at a certain number of purchases and some deals only permit a purchaser to purchase a limited number of Deals, in each case, in accordance with that particular Merchant’s instructions. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
Termination and Variation
We may change or discontinue the Site or any of our Services at any time without prior notice. We reserve the right to terminate or vary these terms and conditions at our election and for any reason, without prior notice. We may not, however, vary or terminate the terms and conditions applicable to the purchase of a Deal or a purchase from the LivingSocial UK Shop which has already been made and any purchase of a Deal or purchase from the LivingSocial UK Shop pre-dating any termination or variation of these terms and conditions will be honoured according to the terms and conditions current at the time of purchase. You can check the date these terms and conditions were last updated below. Our agreement with you will automatically terminate in the event that you breach any of these terms and conditions. In the event of any termination, you will immediately stop using our Site and our Services.
Except as relates to purchases of Deals or purchases from the LivingSocial UK Shop, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; nor
- wasted management or office time, and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Our Liability: LivingSocial UK Shop and LivingSocial Deals
Where you have purchased from the LivingSocial UK Shop or where you have purchased a Deal, we accept responsibility for any loss or damage you suffer to the extent that such loss or damage is a foreseeable result of our breach of these terms and conditions, or of our negligence. Loss or damage is foreseeable if an obvious consequence of our breach/negligence, or if they were contemplated by you and us at the time of concluding the Contract or using the Site to conclude a Deal Contract. Please note that goods sold via the LivingSocial UK Shop are intended for domestic and private use. You agree not to use such goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- (a) We will contact you as soon as reasonably possible to notify you; and
- (b) Our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a LivingSocial UK Shop order or the provision of a Voucher to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You agree to compensate LivingSocial, for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by LivingSocial which are caused by your breach of these terms and conditions. This compensation obligation will survive the termination or expiry of these terms and conditions and your use of LivingSocial.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of these terms and conditions, except for the limited right to use the Site and Services in accordance with these terms and conditions. “LivingSocial” is our trade mark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these terms and conditions.
The content on the Site and Services (the “Content”), excluding all intellectual property of other sites obtained by way of API and/or linking, is owned by LivingSocial, Inc. and/or its affiliates ("LivingSocial"). This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to LivingSocial, subject to copyright and other intellectual property rights. Content provided by LivingSocial through the Site and Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by these terms and conditions in and to the Site and Services.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for LivingSocial’s Copyright Agent for notice of claims of copyright infringement is as follows:
LivingSocial Attn: DMCA/Copyright Agent 1445 New York Avenue, N.W. Suite 200 Washington, DC 20005 email@example.com
You and we are independent parties, and nothing in these terms and conditions creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these terms and conditions and a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions. You may not assign these terms and conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these terms and conditions be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. Our rights under these terms and conditions will survive any termination of these terms and conditions.
You represent that you are legally able to accept these terms and conditions. You confirm that you are 18 years of age or older and are fully able and competent to comply with these terms and conditions. If you aren't, you must please stop using our Site and our Services.
Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, use of the Services, a Contract or a Deal Contract (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country). These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These terms and conditions and all documents and communications directly or indirectly relating to it shall be in the English language.