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The following describes the terms on which AdvertSolutions offers you access to our services. IntroductionWelcome to AdvertSolutions. These terms and conditions apply to the services available from the domain and sub-domains of http://www.advertsolutions.com/ and from all other AdvertSolutions branded websites, (together, the "Site"). In this User Agreement, all AdvertSolutions contracting parties are known as "AdvertSolutions", "we", "us" or "our". Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of AdvertSolutions, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and AdvertSolutions. This User Agreement is valid from 1 August 2007 and is effective upon acceptance for new users. Using AdvertSolutionsYou may not use the Site if your AdvertSolutions membership has been suspended. While using the Site, you will not: Use our service to breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties; breach our policies; circumvent or manipulate AdvertSolutions’s fee structure, the billing process, or fees owed to AdvertSolutions; post, list or show false, inaccurate, misleading or defamatory content (including personal information); transfer your AdvertSolutions account (including feedback) and User ID to another party without our express consent; distribute or post or advertise spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm AdvertSolutions, or the interests or property of AdvertSolutions users; copy, modify, or distribute AdvertSolutions's copyrighted works or trade marks, or other content from the Site, without our express consent; or harvest or otherwise collect information about users, including email addresses, without their express consent.
If you are registering with AdvertSolutions as a business entity, you represent that you have the authority to legally bind that entity. If you are using AdvertSolutions services for your business, you must comply with all applicable laws relating to online trading. We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and AdvertSolutions agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. Abusing AdvertSolutionsAdvertSolutions and it’s staff attempt to keep the site working properly. Please report problems, offensive content, and policy breaches to us. Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site including, without limitation, removing the ability for our adverts to be displayed and/or take technical and legal steps to stop you from using the Site if: we think that you are creating problems (including, without limitation, by harassing AdvertSolutions staff or other users) or exposing us or another AdvertSolutions user to financial loss or legal liabilities; we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies; despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
We also reserve the right to cancel unconfirmed accounts. You agree not to hold AdvertSolutions responsible for any loss you may incur as a result of AdvertSolutions taking any of the actions described above. No spamWe do not tolerate spam (unsolicited commercial communications). Please set your AdvertSolutions notification preferences so we communicate to you as you prefer. You may not add other AdvertSolutions users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent. To report spam from other AdvertSolutions users, please contact
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FeesJoining AdvertSolutions and some of our services are free. We do charge fees for using other services such as premium adverts. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail. Content licenceWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.) LiabilityNothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. You will not hold AdvertSolutions responsible for other users' actions or inactions. At no point do we have possession of anything advertise or sold through the Site and our services. We do not review user's advertisements and we are not party to the actual transactions between buyers and sellers. You will not hold AdvertSolutions responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out using AdvertSolutions) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for: the quality, safety or legality of items advertised; the truth or accuracy of advertised items; the ability of sellers to sell items; the ability of buyers to pay for items; or whether a buyer or seller will actually complete a transaction.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items advertised by us. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. AdvertSolutions cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100. ReleaseIf you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Access and interferenceThe Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to AdvertSolutions by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of AdvertSolutions and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
PrivacyWe do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use our services. CompensationYou agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement. No agencyNo agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. NoticesWe shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to AdvertSolutions when you registered as a member of AdvertSolutions. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent. Third party rightsA person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act. Governing law and dispute resolutionThis User Agreement shall be governed by and construed in accordance with English law. You and AdvertSolutions both agree to submit to the non-exclusive jurisdiction of the English Courts. If a dispute arises between you and AdvertSolutions, we strongly encourage you to first seek a resolution by contacting
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. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. GeneralIf any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. Section headings are for reference purposes only and do not limit the scope or extent of the sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may amend this User Agreement at any time either by e-mail or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution. If those documents do not answer your questions, please contact
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