Terms and Conditions

By nature, our terms of use have to be long and 'complicated' to read in order to be legally enforceable. We’ve tried to keep them as simple as possible, but this is very difficult.

For your benefit we have summarized them into the bullet points below. Please note that these points do not form part of the terms and conditions, and are only there to provide you with a very brief guide to the content of our terms of use. From a legal point of view we recommend that you read our terms of use in full.

We value your privacy
Any data you supply to us must be accurate
We may change these terms of use at any time, it is up to you to check them
You may only use LiveOut for personal use, and not commercial use
We are not responsible for the content of external sites
You may only use our services in a lawful manner
You may only use our communication services in a ‘proper’ manner
You may only use our software (including the code powering the site) in terms with our license agreement
We accept no liability for any element of the services or information we supply
We may terminate your right to use our services at any time for any reason
General information about this agreement, including our sharing of any information you provide us with
Copyright details
Trademark details

LiveOut Website Terms of Use and Notices
Last Updated: January 2007

AGREEMENT BETWEEN YOU AND LiveOut LIMITED
The LiveOut Web Site is made up of various Web sites and Web pages operated by LiveOut Limited, All Souls College, Oxford or its affiliates (collectively, the "LiveOut Web Sites"). This Terms of Use and Notices applies to the LiveOut Web Site and does not apply to the content of third parties.

The LiveOut Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LiveOut Web Sites constitutes your acceptance of, and agreement with LiveOut to, all such terms, conditions, and notices.

You may only use the contact details, including email addresses, telephone numbers and website details, of our clients (including letting agents, estate agents and landlords) to enquiry about their properties available for let. Any queries of any other nature are forbidden and represent an express violation of our terms and conditions which you are bound to by using our website.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://www.liveout.co.uk/liveout/privacy for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular LiveOut Web Site, or any product or service offered on any LiveOut Web Site (each a "LiveOut Site/Service", and collectively "LiveOut Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify LiveOut immediately of any unauthorised use of your account or any other breach of security. LiveOut will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by LiveOut or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE
LiveOut reserves the right to change the terms, conditions, and notices under which the LiveOut Sites/Services are offered, including but not limited to the charges associated with the use of the LiveOut Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the LiveOut Sites/Services constitutes your agreement with LiveOut to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the LiveOut Sites/Services are for your personal and non-commercial use. Estate Agents, Letting Agents and Landlords may use us for the commercial use of advertising properties for let in return for payment of services as specified by us. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the LiveOut Sites/Services, with the exception of printing pages of search results and specific property pages to share the information for personal use (for example to show houses to friends). Without the advance express written permission of LiveOut, you may not send, or cause to be sent, any automated queries that utilise our search function to the LiveOut Sites/Services, or use the LiveOut Sites/Services in any commercial manner.

LINKS TO THIRD PARTY SITES
The LiveOut Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of LiveOut and LiveOut is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LiveOut is not responsible for webcasting or any other form of transmission received from any Linked Site nor is LiveOut responsible if the Linked Site is not working appropriately. LiveOut is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LiveOut of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the LiveOut Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. LiveOut shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LiveOut Sites/Services, you will not use the LiveOut Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LiveOut Sites/Services in any manner that could damage, disable, overburden, or impair any LiveOut Site/Service(s) (or the network(s) connected to any LiveOut Site/Service(s)) or interfere with any other party's use and enjoyment of any LiveOut Site/Service(s). You may not attempt to gain unauthorised access to any LiveOut Site/Service, other accounts, computer systems or networks connected to any LiveOut Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LiveOut Sites/Services.

USE OF SERVICES
The LiveOut Sites/Services may contain e-mail services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by (i) intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws or (ii) by rights of privacy or publicity, if any unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which are made available through the LiveOut Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use of meta tag searches on the web sites.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an LiveOut Site/Service(s) or other user or usage information or any portion thereof.
LiveOut has no obligation to monitor the Communication Services. However, LiveOut reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LiveOut reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
LiveOut reserves the right at all times to disclose any information as LiveOut deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LiveOut's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. LiveOut does not control or endorse the content, messages or information found in any Communication Service and, therefore, LiveOut specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised LiveOut spokespersons, and their views do not necessarily reflect those of LiveOut.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO LiveOut OR POSTED AT ANY LiveOut WEB SITE
LiveOut does not claim ownership of the materials you provide to LiveOut (including feedback and suggestions) or post, upload, input or submit to any LiveOut Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting LiveOut, its affiliated companies and necessary sublicensees (i) permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all LiveOut Sites/Services) (ii) the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; (iii) and the right to sublicense such rights to any supplier of a LiveOut Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. LiveOut is under no obligation to post or use any Submission you may provide and LiveOut may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

This section is inapplicable to any personally identifiable information that you provide in connection with your use of the LiveOut Sites/Services. For terms and conditions governing the use of such information please refer to the Privacy statement at http://liveout.co.uk/liveout/privacy

SOFTWARE AND CONTENT AVAILABLE THROUGH THE LIVEOUT SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the LiveOut Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of LiveOut Limited and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, LiveOut Limited hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular LiveOut Site/Service in accordance with these Terms of Use and Notices, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United Kingdom. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LIVEOUT SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE LIVEOUT SITES/SERVICES AND TO THE INFORMATION THEREIN. LIVEOUT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LIVEOUT SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE LIVEOUT SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LIVEOUT LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LIVEOUT SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. LIVEOUT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT LIVEOUT SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN LIVEOUT SITE/SERVICE. YOU SPECIFICALLY AGREE THAT LIVEOUT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LIVEOUT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN LIVEOUT SITE/SERVICE BY ANY THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL LIVEOUT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LiveOut SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE LIVEOUT SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LIVEOUT SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE LIVEOUT SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVEOUT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LiveOut SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIVEOUT SITES/SERVICES. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. NOTHING IN THIS AGREEMENT LIMITS LIVEOUT’S LIABILITY FOR (II) PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE OR (II) FRAUD. STORAGE SPACE AND OTHER LIMITATIONS

LIVEOUT MAKES NO WARRANTY THAT ANY LIVEOUT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION
LiveOut reserves the right, in its sole discretion, to terminate your access to any or all LiveOut Sites/Services and the related services or any portion thereof at any time, without notice.

GENERAL
This agreement is governed by the laws of England and Wales. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the English courts in all disputes arising out of or relating to the use of the LiveOut Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LiveOut as a result of this agreement or use of the LiveOut Sites/Services – although it may exist for other reasons, for example if you are a client of ours (for example an Estate Agent). You agree to indemnify and hold LiveOut, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the LiveOut Sites/Services. Subject to all applicable Data Protection legislation, LiveOut reserves the right to disclose any personal information about you or your use of the LiveOut Sites/Services, including its contents, without your prior permission if LiveOut has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of LiveOut or its affiliated companies; (3) enforce these Terms of Use and Notices; or (4) act to protect the interests of its members or others. LiveOut's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LiveOut's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LiveOut Sites/Services or information provided to or gathered by LiveOut with respect to such use. The Contracts (rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms of Use and Notices. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. LiveOut will not be liable to you for any breach of these Terms of Use and Notices, which arise because of any circumstances that LiveOut cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LiveOut with respect to the LiveOut Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LiveOut with respect to the LiveOut Sites/Services provided that this shall not limit either party’s liability for any fraudulent misrepresentation. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TRADEMARKS
LiveOut, SearchPlus, Featured Property, and/or other LiveOut products and services referenced herein may also be either trademarks or registered trademarks of LiveOut in the United Kingdom and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.