KEYMAILER LTD TERMS AND CONDITIONS - PUBLISHER ACCESS

BACKGROUND:

This agreement applies as between you, the User of this Website and Keymailer Ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

This Website, www.keymailer.co and associated sub-domains, is owned and operated by Keymailer Ltd, a limited company registered in England under 09569579, whose registered address is The Guild, High Street, Bath. BA1 5EB and whose main trading address is The Guild, High Street, Bath. BA1 5EB.

Our VAT number is 212 1988 23.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

“Account”

means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;

“Content”

means all Material and any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Listing”

means a directory listing posted on the Website by a User which shall provide details of that User’s business including, but not limited to, contact details;

“Listed Business”

means any business which features in a Listing;

“Licence”

means the terms and conditions governing your use of Material licensed from this Website;

“Listing Fee”

means the fee payable to post a Listing;

Keymailer Ltd

means Keymailer Ltd of  The Guild, High Street, Bath. BA1 5EB 

“Material”

means a Directory and Ranking of influential content creators (“Influencers”), that Keymailer Ltd makes available for license by Users subject to the terms of the appropriate Licence;

“Payment Information”

means any details required for the license of Material from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;

“Service”

means collectively any online facilities, tools, services or information that Keymailer Ltd makes available through the Website either now or in the future;

“System”

means any online communications infrastructure that Keymailer Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, Listings, email addresses and online forms;

“User” / “Users”

means any third party that accesses the Website and is not employed by Keymailer Ltd and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.keymailer.co) and any sub-domains of this site (e.g. sub-domain account.keymailer.co) unless expressly excluded by their own terms and conditions.

“We/Us/Our”

means Keymailer Ltd, a limited company registered in England under 09569579, whose registered address is The Guild, High Street, Bath. BA1 5EB and whose main trading address is The Guild, High Street, Bath. BA1 5EB.

  1. Intellectual Property
  1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, the Material, and any text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Keymailer Ltd, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions only unless otherwise indicated on the Website or unless given express written permission to do so by Keymailer Ltd.  Specifically you agree that:
  1. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Keymailer Ltd;
  1. Third Party Intellectual Property
  1. Game and Related Content Listings
  1. The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
  2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
  3. The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.
  1. Influencer Directory
  1. The Material available for limited use on this Website is the property of Keymailer Ltd unless the author, creator and/or owner is otherwise detailed.  Such ownership extends to any free previews of Material that may be available on this Website.
  2. Subject to Clause 4, licensed Material is to be used only in accordance with the terms of the Keymailer Licence in Appendix A.  Use without a Licence or beyond the terms of the Licence is prohibited subject to any alternative agreement between you and Keymailer Ltd.
  3. Free previews of Material may be not be used in works in progress in a limited, non-systematic manner within the User’s business and for internal purposes only.  Such preview Material must be removed from and / or replaced with licensed Material for any versions of works that are released to any parties other than co-authors.  Under no circumstances are Material previews or any work containing them to be commercially exploited.
  4. Keymailer Ltd may add additional data into the Material at any time, and may remove data that no longer serves Keymailer Ltd’s or Users’ purposes. Data may be added from any source including data uploaded by Users of the website.
  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. Otherwise there no other use is permitted outside the designs and purposes set out in the Website.

  1. Links to Other Websites

This Website may contain links to other sites including, but not limited to, those of Listed Businesses.  Unless expressly stated, these sites are not under the control of Keymailer Ltd or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website
  1. Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site www.keymailer.co without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Keymailer Ltd.  To find out more please contact us by email at .
  2. Listed Businesses and their associates may place deep-links to their Listings on the Website.
  1. Listing on the Website
  1. When submitting a Listing to the Website you should do so in accordance with the following rules:
  1. you must not use obscene or vulgar language;
  2. your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry).  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. your Listing may not contain Content that is intended to promote or incite violence;
  4. your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
  5. Listings must be made using the language(s) otherwise used in the local version of Keymailer that the Listing is to appear on.  Content in any other language may be removed at our sole discretion;
  6. your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
  7. businesses of the following types may not be listed other that with the express written permission of Keymailer Ltd:
  1. Adult Sexual Interests
  2. Incitement to any illegal behaviour in England
  1. you must not post links to other Websites containing any of the above types of Content;
  2. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  3. your Listing must be placed into the appropriate category;
  4. you must not impersonate other people or businesses;
  5. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
  6. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
  1. Keymailer does not screen or pre-approve any Listing submitted to the website, however on notification from Users we may examine Listings and such Listings may be edited and/or removed from the Website.
  2. Keymailer  may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated.  You may be informed in writing of the reasons for any such alterations or removals.
  3. In order to submit a Listing, you are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that:
  1. any information you submit is accurate and truthful; and
  2. you will keep this information accurate and up-to-date.
  3. You are entitled to legally bind your company.
  1. By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it.  Keymailer Ltd accepts no responsibility or liability for any infringement of third party rights by such Listings or Content.
  2. Keymailer Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings.  Use of and reliance upon Listings is entirely at your own risk.
  3. Nothing in these Terms and Conditions shall grant Keymailer Ltd any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Keymailer Ltd choose to remove that Listing.
  4. You acknowledge that Keymailer Ltd may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.

  1. Use of Communications Facilities
  1. When using any System on the Website you should do so in accordance with the following rules:
  1. You must not use obscene or vulgar language;
  2. You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. You must not submit Content that is intended to promote or incite violence;
  4. It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
  5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  6. You must not impersonate other people, particularly employees and representatives of Keymailer Ltd or Our affiliates; and
  7. You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
  1. You acknowledge that Keymailer Ltd reserves the right to monitor any and all communications made to Us or using Our System.
  2. You acknowledge that Keymailer Ltd may retain copies of any and all communications made to Us or using Our System.
  3. You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
  1. Accounts and Listing Fees
  1. In order to post a Listing on this Website you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that:
  1. all information you submit is accurate and truthful; and
  2. you will keep this information accurate and up-to-date.
  1. Sharing of accounts is not permitted unless expressly authorised in writing by Keymailer Ltd.  You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
  2. A Listing Fee will be charged for each Listing you post on this Website.  Listing Fees are detailed on the Price Plan page, or a similar location.  Your credit / debit card will be billed at the time at which your listing goes live and periodically thereafter as determined by the type of Order until cancellation or termination.
  3. Your first payment will be at the price advertised on the Website.  Keymailer Ltd reserve the right to change Listing Fees from time to time and any such changes may affect your recurring Listing Fees:
  1. increases in price will  be reflected in your recurring Listing Fees; and
  2. decreases in price wil  be reflected in your recurring Listing Fees.
  1. Multiple Listings are permitted for each Account. Discounts are available for multiple listings as detailed on the Price Plans page.
  2. If you terminate a Listing and/or your Account, your Listing(s) will be removed immediately and you will not be rebilled for either the cancelled Listing or all of your Listings, as appropriate.

  1. Orders, Material Delivery and Cancellation Options
  1. No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you an order confirmation email.  Only once We have sent you an order confirmation email will there be a binding contract between Keymailer Ltd and you.
  2. Order confirmations under sub-Clause 10.1 shall contain the following information:
  1. Confirmation of access to the Material(s) ordered including full details of the main characteristics thereof;
  2. Fully itemised pricing for the Material(s) ordered including, where appropriate, taxes and any other additional charges;
  3. A confirmation of your express request that the Material is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 10.3; and
  1. Material will be made available to access immediately upon Our confirmation of your licence.  When completing the order process you will be required to expressly acknowledge that you wish the Material to be made available immediately.  You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Keymailer Ltd as detailed below in sub-Clause 10.4.
  2. If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the license of certain goods and services.  This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date.  Under normal circumstances, licensed Material on this Website is made available immediately upon Our confirmation of your order.  As set out in sub-Clause 10.3, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your minds.  Sub-Clauses 10.5 – 10.7 set out the limited cancellation rights available.
  3. If the Material you download or otherwise receive does not match that which you ordered, you should contact Us immediately via  and in any event not later than 2 days after the receipt.  We will rectify the mistake within 14 days of receipt of your notice or, if the correct Material is no longer available, We will refund the price paid for that Material to you within 28 days.
  4. If Material contains material and remediable faults or errors on receipt, you should contact Us immediately via [email protected] and in any event not later than 2 days after the download or receipt, providing full details of the fault(s) or error(s).  We will rectify the mistake within 14 days of receipt of your notice or, if the fault(s) or error(s) cannot be rectified, We will refund the price paid for that Material to you within 28 days.  Faults and errors for the purposes of this Clause 11 include, but are not limited to, data corruption, download errors, missing files, and similar issues.  The definition does not extend to file incompatibility (unless We have provided incorrect information in this regard) or minor mistakes in the substance (such as spelling errors or visual imperfections) of the Material itself that are the fault of the Influencer and/or owner.  In such cases, contact should be made with the Influencer and/or owner and We may not be a party to such contact.
  5. If you license Material in error you must inform Us immediately via [email protected] and in any event not later than 2 days after the download or receipt and must not use the Material in question during that time in order to be reimbursed within 28 days.  If any use of the Material during this time period can be traced to your Account, no refund can be provided and you will continue to have access to the Material licensed in error.
  1. Termination and/or Suspension
  1. In the event that any of the provisions of sub-Clause 7.1 or 8.1, above, are not followed, Keymailer Ltd reserves the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
  2. If Keymailer Ltd terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.  If you have multiple Listings and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.
  1. Material, Pricing and Availability
  1. Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from the Website correspond to the actual Material, We are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on Our part and refers only to immaterial variations of the correct Material, not different Material altogether or to lesser material variations.  Please refer to Clause 10 for incorrect or faulty Material.
  2. Where appropriate, you may be required to select the required duration and number of the Material that you are purchasing.
  3. We neither represent nor warrant that such Material will be available.  Material may be temporarily unavailable due to problems with the Service, maintenance or similar.  Alternatively, Material that is no longer available (after, for example, being removed by its author, creator and/or owner) may remain referenced on the Website for a short time before removal.
  4. All pricing information on the Website is correct at the time of going online.  We reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
  5. All prices on the Website include VAT where stated, otherwise VAT may be added at checkout. Contact  to request specific VAT treatment, which will not be unreasonably witheld.
  1. Privacy
  1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please see the website.
  2. The Website may place cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  By accepting these terms and conditions, you are giving consent to Keymailer Ltd to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie

Name of Provider

1st / 3rd Party

Purpose

None

  1. Disclaimers
  1. Keymailer Ltd makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
  2. Save for the screening and approval of Listings, Keymailer Ltd has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
  3. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Keymailer Ltd makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.
  4. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  5. Keymailer Ltd makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
  6. Whilst every effort has been made to ensure that all descriptions of services available from Keymailer Ltd correspond to the actual services available, Keymailer Ltd is not responsible for any variations from these descriptions.
  7. Whilst Keymailer Ltd exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  8. If, as a result of Keymailer Ltd’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, if the User is a consumer, they may be entitled to certain legal remedies.  For more details concerning consumer rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.
  1. Availability of the Website and Modifications
  1. Keymailer Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  2. Keymailer Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  1. Limitation of Liability
  1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
  2. To the fullest extent permissible by law, Keymailer Ltd excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
  3. If the User is a commercial user, Keymailer Ltd accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  4. Keymailer Ltd exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware.  Subject to sub-Clause 14.8, Keymailer Ltd accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
  5. Keymailer Ltd neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  6. Nothing in these Terms and Conditions excludes or restricts Keymailer Ltd’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
  7. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Keymailer Ltd.

  1. Communications
  1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  2. Keymailer Ltd may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
  1. Law and Jurisdiction
  1. These Terms and Conditions, and the relationship between the User and Keymailer Ltd (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
  2. If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and Keymailer Ltd, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
  3. If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Keymailer Ltd or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales


Appendix A

License for the Keymailer Ltd Material

The User agrees to be bound by the Terms and Conditions of the Keymailer website that they agreed when they first used the website.

The User is Licensed to access the Influencer Directory and Rankings from within the Keymailer web application provided by Us and for the period and product set out in the Confirmation of Order for the sole purpose of selecting and filtering those influential content creators (Influencers) as may be used in a subsequent transmission of an offer to those Influencers, subject to the correct Listing Fee having been paid to Us and received.

No further right is granted, save as set out in Clause 4 of the Terms and Conditions.

The User may not copy, retain, reverse engineer or distribute any Material in any manner whatsoever.