Terms

From time to time Lickerish might update the Lickerish TOS.  By continuing to use and access the Website, you agree to the updated Lickerish TOS.  Please review the Lickerish TOS each time you intend to use the Website.  For your convenience, Lickerish will indicate above the date that the Lickerish TOS were last updated.

This Website is intended for use solely by actual and prospective customers and clients of Lickerish for purposes reasonably related to their actual or prospective business with us.  Use for other purposes is prohibited and violates the Lickerish TOS.

This Website is not intended for anyone under 18 years old, or anyone under the legal age of majority in his or her state or country of residence.  Such individuals must not use this Website.   

In the Lickerish TOS, Lickerish sometimes refers to itself as “we” or “us,” and sometimes refers to you as “you,” or a “user,” or as a “visitor.”

The Lickerish TOS does not change or affect any other written agreement(s) that you now or in the future may have with Lickerish.  In the event of any conflict between those agreement(s) terms and the Lickerish TOS, those agreement(s) terms will govern in that instance.

Website ownership, Website Content and your Website use

This Website is owned by Lickerish, including all text, graphics, images, audio, video and audiovisual recordings, and other content published via this Website (collectively, "Website Content").  Certain Website Content is owned by third parties who have permitted Lickerish to use it; Lickerish claims no ownership of such third party elements.  All rights to Website Content are reserved. 

You may view, download and print one copy of an element of Website Content for your own reference and use in connection with your bona fide actual or prospective work with Lickerish. 

You may link to this Website from your own website, but only to this Website’s home page (www.lickerishltd.com) (i.e., no “deep links”), and only in a manner that does not state or imply Lickerish’s sponsorship, endorsement, license or other affiliation between Lickerish and you, your website, products, services, activities or representatives.  Lickerish reserves the right to prohibit and/or block such links, at any time(s) and without any notice to you.

Without limitation, you agree not to do or permit or engage anyone else to do any of the following:

a. use scrapers, crawlers, Internet agents, indexers, spiders, robots, bots, data extraction or mining devices, or other similar devices, programs, algorithms, subroutines or technology that performs the same or similar functions, whether to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof or for any other purpose or reason;

b. use or access this Website by any means other than via the user interface provided by Lickerish for such purpose;

c.  hack or otherwise attempting to access or use the Website without our authorization, or disable, impede, circumvent or otherwise interfere with the Website’s features, security, connections, servers, networks or other elements;

d.  use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website, or place more than reasonable single-user demands on our systems and resources furnishing the Website;

e. frame, inline, mirror or otherwise repurpose, commercialize or similarly use the Website or Website Content in any way for any purpose;

f. copy, reproduce, distribute, republish, tweet, syndicate, license, sublicense, download, archive, store, perform, display, post, transmit, exploit, create derivative works or otherwise use this Website or any Website Content in any form, by any means, or for any purpose, without Lickerish’s express prior written consent; and

g. use the Website or Website Content for any illegal purpose or in any manner that violates any applicable law.

You agree that the foregoing prohibited uses and actions violate the Lickerish TOS, and additionally do or may violate copyright, trademark, privacy and publicity rights of Lickerish and others, and also do or may constitute other violations of law, all for which you agree to be liable. 

Lickerish may from time to time modify or discontinue, temporarily or permanently, the Website (and parts thereof) with or without notice, and without any obligation to you.  Lickerish also may terminate or suspend your use and access to all or any parts of this Website, with or without notice, and for any reason or no reason, in Lickerish’s sole discretion.  Such termination or suspension will not terminate or suspend the Lickerish TOS as applied to you. 

Your user account for this Website

We encourage you to establish a user account for this Website, as doing so will make available to you more of this Website’s features and functionality.  In either case, the Lickerish TOS applies to your use of the Website.  Establishing a user account bears no fee, but a user account is subject to the following rules:  You must supply and maintain truthful, complete and up to date information about you as may be prompted by any registration wizards or forms on the Website.   You must guard your Website password and any other Website security tokens or credentials against theft or unauthorized third party use.  You must alert us immediately and then change your Website credentials if you know or have reason to suspect that your Website credentials have been stolen or compromised.  You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges. 

User generated content

This Website might include text, messages, comment posts,  information, music, video, sounds, image, illustrations, graphics or other elements posted, submitted, uploaded or otherwise provided by you and/or other Website users (all of which we refer to as  “user generated content” or “UGC”), including by means of comment threads, blogs, chat rooms, instant messaging, bulletin boards, classifieds, message boards and any other systems, interfaces or features (collectively, we refer to such Website features and sections as "UGC Areas")

So that all users desiring to do so may use UGC Areas in a respectful and enjoyable manner, you agree not to create, post, upload, display, transmit, distribute, publish and store and otherwise use with or via the Website any of the following:

a.   UGC that violates any law, or that is libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, lascivious, suggestive, harassing, threatening, bullying, abusive, inflammatory, hate speech, repugnant, rude, boorish or otherwise reasonably objectionable.

b. UGC that infringes or otherwise violates any copyright, trademark, trade secret, patent, right of privacy or right of publicity, or any right of any third person or entity.

c. UGC that is fraudulent or misrepresentative, or that impersonates any person or entity or otherwise implies a false affiliation with or authorization by a person or entity.

d. Personal or personally indentifying information of any third person or entity,  including information pertaining to their medical records and histories, financial information, Social Security numbers, names, addresses, e-mail addresses, telephone numbers, mobile phone numbers, and credit card account numbers.

e. UGC containing advertising and promotions, political speech, political campaigning, fundraising, solicitations of any sort, scams, offers to send money, offers of employment or engagement, junk mail, spam, chain letters, pyramid schemes, get rich quick schemes, weight loss schemes, and other such inappropriate nonsense.

f. UGC containing or comprised of computer viruses, worms, Trojan horses, and other computer malware; and

You grant us and our affiliates, sublicensees, transferees and successors the nonexclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, combine with other elements, distribute, perform and display your UGC throughout the world, in any and all media now or hereafter known, without further consideration or notice (the “UGC License”).

You use UGC Areas at your own risk.  You understand that we do not control others’ uses of UGC Areas and that we are not responsible for what or how you or others might use or post as UGC, or for its loss, damage, destruction or alteration Lickerish undertakes no obligation to edit, remove, store, back up, maintain, use, not use, deliver, furnish or otherwise act or omit to act concerning UGC.  You understand that UGC is viewable by everyone and is not covered by any privacy policy or protection.    You will not seek to edit or delete others’ UGC. 

You represent and warrant that (a) you own and/or control all rights necessary to UGC to grant the UGC License to us; and (b) UGC does not infringe or violate third party intellectual property or other rights, or otherwise violate applicable law; and (c) UGC and the use thereof does not violate the Lickerish TOS. 

Copyright infringement concerns

If you believe that any material published via this Website infringes or otherwise violates your copyright rights, you may request that we remove it by sending to info@lickerishltd.com a written notice containing the following information and statements:

a.            Please identify the work that you believe has been infringed.  Please describe the work, and provide a copy of the work or a website address at which we can review it.  Please include page numbers or other appropriate references to help us to locate the work.

b.            Please identify the content or other information that you believe infringes your work.  Please include a citation to our website page(s) to help us locate the information on our website.

c.             Please provide your name and contact information so that we may reach you to discuss your notice as appropriate.

d.            Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.

e.            Include a statement that the information that you have submitted is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on its behalf.

f.             A signature or the electronic equivalent from the copyright owner or its authorized representative.

Website abuse and Lickerish TOS violations

If you become aware of abuses or other violations of the Lickerish TOS that you wish to report, you may write us at [e-mail address] or at [physical mailing address] Lickerish reserves the right (but does not undertake any obligation) to take any action it deems fit against violators of the Lickerish TOS, including suspension and termination of any user account and any visitor’s use of this Website, for any reason or no reason, and with or without notice in Lickerish’s sole discretion.

Privacy Policy

Lickerish has published its Privacy Policy, to which we invite you to refer for information on how we collect, store, use and disclose information about your use of this Website.

This Website’s links to others’ websites

This Website may contain links to websites operated by third parties.  The mere fact that we link to another’s website does not mean that we endorse, recommend, sponsor, or have any other affiliation or relationship with that third party.  We do not control such third parties, their websites or the information available via their websites.  Their websites are not subject to the Lickerish TOS or Lickerish’s Privacy Policy, but might be subject to other terms of service and privacy policies.  We disclaim all warranties and responsibility for others’ websites, and you visit and use them at your own risk.

Indemnification

You agree to indemnify and hold harmless Lickerish, its shareholders and licensors, and their respective affiliates, directors, officers, employees, members, agents, counsel and representatives (collectively, the “Lickerish Group”) against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees and costs), resulting or arising from or relating to your (A) use or attempted use of, and conduct on and concerning, the Website and Website Content; (B) your violation of the Lickerish TOS; (C) your infringement or violation of any rights of another person or entity; and (D) your violation of applicable law.

Disclaimers and limitations of liability

LICKERISH PROVIDES THE WEBSITE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS.  YOU USE THE WEBSITE AT YOUR SOLE RISK.  LICKERISH DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE.  IN PARTICULAR, LICKERISH DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LICKERISH OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.

THE LICKERISH GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE LICKERISH GROUP FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (A) FIFTY U.S. DOLLARS, AND (B) THE NET AMOUNT ACTUALLY RECEIVED BY LICKERISH FROM YOU FOR ANY PRODUCTS OR SERVICES PURCHASED FROM LICKERISH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.

BECAUSE SOME JURISDICTIONS OR TERRITORIES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MIGHT NOT APPLY TO YOU; IN SUCH CASE, HOWEVER, AT LICKERISH’S OPTION THE MAXIMUM APPLICABLE LIMITATIONS OF ITS LIABILITY SHALL APPLY.

General provisions

The Lickerish TOS sets forth the entire understanding of you and us with respect to its subject matter.  In the event that any one or more of the terms and provisions in the Lickerish TOS is held to be invalid, illegal or unenforceable, the remaining provisions still will be valid and not affected or impaired thereby.  Failure to insist upon strict adherence to any term or provision of the Lickerish TOS shall not waive any such term or provision and shall not waive or limit any right thereafter to insist upon strict adherence to that term or provision or any other term or provision of the Lickerish TOS.  The governing law of the Lickerish TOS is the substantive law of England and Wales.  The Lickerish TOS will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.  No person who is not a party to this Lickerish TOS (including any copyright owner) may enforce any term, provision or condition of it.  The Contracts (Rights of Third Parties) Act 1999 does not apply to the Lickerish TOS.

Dispute resolution

Any dispute arising out of or in connection with the Lickerish TOS or your use of the Website, including any question regarding the existence, validity or termination of the Lickerish TOS, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre.  The number of arbitrators shall be one.  The seat (i.e., location) of arbitration shall be London, England.  The language to be used in the arbitration shall be English.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined by you to any other arbitration involving any other party that is or may be bound by the Lickerish TOS, including without limitation any class arbitration proceedings.  Notwithstanding the foregoing provisions of the Lickerish TOS, Lickerish at its option may seek and obtain emergency, temporary, preliminary or permanent injunctive relief, and monetary and other forms of relief, in any courts of competent jurisdiction against your violations of the Lickerish TOS or your infringement or other unauthorized uses of this Website or the Website Content.  For such purpose, you irrevocably agree to, and shall not challenge, the jurisdiction and venue of courts located in London, England, whether on an inconvenient forum basis or otherwise.  Lickerish may enforce any judgment or award in any court of competent jurisdiction. 

Questions or comments

If you have any questions or comments about our Website or Lickerish TOS, please contact us at:

info@lickerishltd.com

LICKERISH, lickerishltd.com, and the LICKERISH logo are exclusive service marks of Lickerish Ltd. 
This Website © 2014 Lickerish Ltd. All rights reserved.