legal

TERMS AND CONDITIONS OF USE

1 ACCEPTANCE OF TERMS AND CONDITIONS
1.1 Welcome to totalhotspots.com ("Site"), a service provided by TOTAL HOTSPOTS LIMITED (a company incorporated in England and Wales with the company registration number 04949859).
1.2 Total Hotspots Limited seeks to provide users a service to register and/or locate wi-fi hotspots, obtain special offers and procure goods and services from third party suppliers.(the "Services").
1.3 By accessing our Site and/or using the Services, you agree to be legally bound by the following terms and conditions of use. You are not entitled to access our Site or use the Services if you do not wish to be bound by these terms and conditions of use.
1.4 We reserve the right to amend these terms and conditions of use at any time, and accordingly, you shall periodically review these terms and conditions for any amendments. Use of our Site after any such amendments will constitute acceptance by you of these terms and conditions as amended from time to time.
2 ACCESS AND AVAILABILITY
2.1 We reserve the right in our sole discretion to deny users access to our Site or any part of our Site without notice and to decline to provide the Services to any user that is in our sole opinion in breach of these terms and conditions of use.
2.2 While we will use all reasonable endeavours to make our Services and our Site available, we cannot guarantee that they will operate continuously or without interruption.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that Total Hotspots Limited, its affiliates and/or other third party licensors are the legal and beneficial owners of all intellectual and other property rights (including with limitation all rights in the design, text, graphics and other material on our Site and the selection or arrangement thereof) in the entire contents of our Site.
3.2 Our Services are made available for personal non-commercial use only. Unless we give you our prior written consent, you may not reproduce, duplicate, copy, resell or exploit for commercial purposes any part of our Site, our Services or access the Services.

4 HOTSPOT LOCATIONS
4.1 The locations of hotspots displayed as search results are included in our databases using automated machinery and computers. We cannot and do not screen the locations before incorporating them in our database from which such automated search results are gathered.
4.2 We cannot guarantee that a location displayed as search results continue to provide hotspot facilities or are safe to enter and comply with health and safety laws, rules and regulations of the relevant territory in which they are situated.
5 LINKS
5.1 Certain links, including hypertext links, in our Site will take you outside our Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any web site outside our Site.
5.2 You acknowledge and agree that we will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the contents of such third party web site, services or goods that are available on or through any such site or resource.
6 NO LINKS
6.1 You may not link our Site to any other web site without our prior written consent.
7 PRIVACY POLICY
7.1 We take privacy issues seriously. Our current Privacy Policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our Privacy Policy.
8 COMPLIANCE WITH LAWS
8.1 You agree to comply with all applicable laws, statutes and regulations concerning your use of our Services
9 EXCLUSIONS AND LIMITATIONS
9.1 We do not represent or warrant that access to our Site, or any part of it will be uninterrupted, reliable or fault free.
9.2 We do not represent or warrant to you that our Site or any of its contents will be accurate, complete or reliable.
9.3 Total Hotspots Limited is providing this Site on an "as is" and "as available" basis and makes no representations or warranties of any kind with respect to this Site or its contents and disclaims all such representations and warranties. In addition, Total Hotspots Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Site. The information contained in this Site may contain technical inaccuracies or typographical errors. All liability of Total Hotspots Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9.4 Neither Total Hotspots Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
9.5 Notwithstanding the foregoing, none of the exclusions and limitations in the paragraph are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Total Hotspots Limited liability to you for death or personal injury resulting form our negligence or that of our employees or agents.
10 SUBMISSION OF DATA
10.1 In its endeavours to create a comprehensive database of hotspot locations throughout the world, Total Hotspots Limited welcomes you to submit details of hotspot locations for inclusion in its database.
10.2 By submitting details of hotspot locations, you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions or grant the rights set out in paragraph 10.3 below then please do not submit details of any hotspot locations.
10.3 You agree that by submitting details of any hotspot locations you grant to Total Hotspots Limited a non-exclusive worldwide, royalty free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, aggregate and exercise all copyright and publicity rights in respect to the details submitted by you and/or to incorporate the details submitted by you in our database and other works in any media now or later developed for a full term of any rights that may exist in the details that you may submit to us.
10.4 Further to paragraph 10.3, by submitting details of hotspot locations you:-
10.4.1 warrant that you have the right to make available the details to us for the purposes specified above;
10.4.2 (if a list or a database is submitted) warrant to us that you are the owner of the copyright and database rights in the list/database and that the use of such list/database by us and any person to whom we have given permission to use our database does not infringe the rights of any third party;
10.4.3 consent not to necessarily be identified as the author of the details submitted in connection with the use of such details under this agreement;
10.4.4 acknowledge that you will not have any copyright, database rights or other intellectual property rights in our database;
10.4.5 agree not to submit any details which are defamatory or infringe any law;
10.4.6 warrant that you will make reasonable endouvours to ensure the details submitted are correct.
10.5 You will use your reasonable endeavours to keep us informed of any location, details of which you had previously submitted to us, which is no longer a hotspot facility; and also make reasonable endeavours to provide updates on new and existing hotspots to THS at regular intervals.
10.6 THS reserves the right in its sole discretion to refuse to register any details submitted by you for consideration for inclusion on the site.
10.7 THS reserves the right to amend, extend or withdraw information existing on its database at any time without notice
11 CLIENT SUPPORT SERVICES
THS is committed to providing excellent levels of customer service including, as far as possible, uninterrupted access to the site. Should any problems be experienced you can contact Total Hotspots Client Support Services: Tel +44 (0) 20 7788 7810 between 9 am and 5 pm GMT Monday to Friday or email support@totalhotspots.com to contact us.
Site maintenance will usually be carried out in periods outside of normal business hours. Advance notice of such maintenance or other suspension of service on the site will provided wherever possible.
12 GENERAL
12.1 These terms and conditions of use and all matters relating to your access and use of the Site, the Services and your relationship with Total Hotspots Limited shall be governed by the laws of England.
12.2 The Site is controlled by Total Hotspots Limited from England but can be accessed from other countries around the world, which other countries may have laws that differ from those of England. By accessing this Site you consent that the laws of England, without giving effect to rules relating to conflict of laws or your actual country of residence, will apply to all matters relating to your use of the Site. You and Total Hotspots Limited agree to submit to the non-exclusive jurisdiction of the English courts with respect to such matters.
12.3 If any part of these terms and conditions of use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
12.4 These terms and conditions together with any document expressly referred to in these terms and conditions contain the entire agreement between us relating to the subject matter covered and supersedes any previous agreement arrangements, undertakings or proposals, written or oral between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents.
12.5 Any failure by Total Hotspots Limited to exercise or enforce any right or provision of these terms and conditions of use shall not constitute a waiver of such rights or provision.

 
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