Terms & Conditions
1.1. Welcome to LV Media. Your use of the LV Media website and all associated websites (existing and future) is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
2.1 Definitions. In these conditions, the following definitions apply:
LV Media: Refers to all online websites and social media profiles built, maintained and managed by LV Media.
Clients: Refers to any client who has engaged LV Media in a project and agreed to be represented on any/all LV Media website and all applicable brand assets.
Client: the person or company who purchases services from the LV Media or has agreed to representation of these clients on any promotional websites managed by LV Media.
3. Changes to these Terms & Conditions:
3.1. We may change these Terms & conditions from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3.2. Addition of future LV Media brands will take place with notice given to clients and the ability for not to have access to any new brand if they choose or to cancel membership upon introduction of any new brand.
4. About our business
4.1. The Site and all associated sites are operated by or on behalf of LV Media Limited and its associated companies. We are a company registered in England and Wales with the company registration number 12267727. Our registered office address is 2, 15 Catherine Grove, Greenwich, London, UK SE10 8BG
4.2. LV Media provides a range of media and marketing services to K-12 and language schools, colleges and universities across the world. The main objective for LV Media is to promote clients and give consultancy and media services so as to attract students to client brands and products. At no time will the LV Media engage in discussions of fees, commissions or agreements made between clients. As such, any business relationships entered into between LV Media clients are at the decision and ongoing responsibility of said business entities and of no obligation or commitment to/by the LV Media.
4.3. With prior notice, the LV Media will grant the use, should it be required, the use of LV Media logos and branding for member marketing purposes.
5. Client Materials & Profiles:
With regards to your client profiles featured on LearnEnglishIn:
5.1. LV Media promotional brand (LearnEnglishIn) is an independent promotional vehicle, where LV Media will create your client profile with an independent view. We will not copy content from existing member websites.
5.2. LV Media will work within detailed word limits and within the SEO strategy we develop for the benefit of members. LV Media will keep your client profiles up-to-date and relevant (with assistance from members where changes occur)
You agree that your client profile will not:
5.3. Be used to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the LV Media website or subsidiary websites except where expressly permitted on the website;
5.4. Be used for any other commercial purposes (which would include using the websites to promote or encourage the sale of your goods/services);
5.5. Place unlawful material or links on your membership profile where those links take users to unlawful material or material that contravenes these Terms and Conditions;
5.6. Post or re-circulate any material obtained from membership to any third party except where expressly permitted by LV Media.
5.7. Disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any of the LV Media clients;
5.8. Disseminate any material that contains software viruses, or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.9. Disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
5.10. Disseminate any material which compromises the privacy or security of anyone other than yourself;
5.11. Disseminate any material which does or may bring LV Media or any of its brands or subsidiaries into dispute or in any way damage their reputation;
5.12. Disseminate any material where use of the material by LV Media or any third party licensed or permitted by LV Media, will give rise to any third-party claims; or to post link(s) that take users to material that contravenes any of the above restrictions.
6. Termination of Client Profiles:
6.1. You shall be expected to provide 60-days’ notice of the intention to be removed from the LEI website to the LV Media.
6.2. Once terminated, client profiles will be deleted, and no further services shall be provided from date of termination.
7. Limitation of (LV Media) liability (inc content and student access)
7.1. LV Media will not be liable to you for any loss or damage caused by LV Media or its employees or sub-contractors in circumstances where:
7.1.1. There is no breach of a legal duty of care owed to you by LV Media (or its employees or sub-contractors); or
7.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
7.1.3. in respect of any increase in the loss or damage resulting from your actions.
7.2. Nothing in these Terms & Conditions shall exclude or limit LV Media Hub’s liability for:
7.2.1. death or personal injury caused by the negligence of LV Media Hub and/or its employees negligence; or
7.2.2. fraudulent misrepresentation by LV Media Hub and/or its employees.
8. Delivery of User-Generated Content:
8.1. The pages of the LV Media website(s) where you are capable of posting content are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the website, you:
8.1.1. Grant LV Media he right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the website;
8.1.2. Acknowledge that LV Media may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from LV Media.
8.1.3. LV Media accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
9. Intellectual Property:
We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the LV Media websites (including the Content and Trade Marks) in accordance with all terms & conditions.
10.1. All LV Media trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of LV Media and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of LV Media other than for the purpose of referring to LV Media and its associated brands lawfully and in good faith (only).
11.1 These Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless LV Media shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
11.2. These Terms & Conditions, as varied by LV Media from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
11.3. No delay or indulgence by LV Media in enforcing the provisions of these Terms & Conditions shall affect LV Media’s rights under them nor shall any waiver of LV Media’s rights operate as a waiver of any subsequent breach.
11.4. No right, power or remedy conferred upon or reserved for LV Media is exclusive of any other right, power or remedy available to LV Media provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
11.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
11.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
11.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
12.1. Whilst LV Media endeavours to ensure that all our websites are normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the websites are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the website assets may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
12.2. You acknowledge that whilst LV Media endeavours to ensure that information on the websites and any related material provided by LV Media is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by LV Media.
12.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Haymarket. No liability shall be accepted by LV Media for any inaccuracy or omission in the information provided on the websites or the LV Media materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
13.1 Force majeure:
13.1.1. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13.1.2. LV Media shall not be liable to clients as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
13.1.3. If the Force Majeure Event prevents LV Media from providing any of the services for more than 12 weeks, LV Media shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to clients.
13.2 Assignment and subcontracting:
13.2.1 LV Media may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
13.2.2 Clients shall not, without the prior written consent of LV Media, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
13.3.1 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
13.3.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
13.3.3 This clause 19.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
13.4.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.4.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
13.5.1. If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.6. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.7. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.8. Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.9. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier.
13.10. Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.