- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account” |
means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads; |
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“Ad” |
means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser; |
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“Advertiser” |
means a User that wishes to or has placed an Ad on the Website; |
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“Content” |
means 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; |
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“Service” |
means collectively any online facilities, tools, services or information that Adslane Limited makes available through the Website either now or in the future; |
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“System” |
means any online communications infrastructure that Adslane Limited makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms; |
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“User” / “Users” |
means any third party that accesses the Website and is not employed by Adslane Limited and acting in the course of their employment; and |
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“Website” |
means the website that you are currently using www.adslane.com and any sub-domains of this site (e.g. subdomain.www.adslane.co.uk) unless expressly excluded by their own terms and conditions. |
Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Adslane Limited, 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.
2.2 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 and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Adslane Limited. Specifically you agree that:
2.2.1 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 Adslane Limited;
Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 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.
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.
Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of Adslane Limited 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.
Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.adslane.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Adslane Limited.
Advertising on the Website
7.1 When submitting an Ad to the Website you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 your Ad may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 your Ad may not contain Content that is intended to promote or incite violence;
7.1.4 your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Advertisers;
7.1.5 Ads must be made using the English language(s). Content in any other language may be removed at our sole discretion;
7.1.6 your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.7 items or services of the following types may not be advertised:
7.1.7.1 adult/pornographic
7.1.7.2 hatred
7.1.7.3 fraud
7.1.7.4 illegal or inappropriate ad
7.1.8 you must not post links to other Websites containing any of the above types of Content;
7.1.9 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.10 your Ad must be placed into the appropriate category;
7.1.11 you must not impersonate other people or businesses;
7.1.12 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
7.1.13 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Adslane Limited shall screen, approve (or reject), edit and/or remove any Ad submitted to the Website.
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Adslane Limited does not screen or pre-approve any Ad submitted to the website, however on notification from Users we may examine Ads and such Ads may be edited and/or removed from the Website.
7.3 Adslane Limited may edit your Ad 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 Ad may be removed and your Account may be suspended or terminated. You will [not] be informed in writing of the reasons for any such alterations or removals.
7.4 In order to post an Ad, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. Adslane Limited accepts no responsibility or liability for any infringement of third party rights by such Ads or Content. [Further, you waive all moral rights in the Ad to be named as its author and grant Adslane Limited a perpetual licence to modify the Content as necessary for its inclusion on the Website.]
7.6 Adslane Limited 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 Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant Adslane Limited any rights in or to any trademarks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until you or Adslane Limited choose to remove that Ad.
7.8 You acknowledge that Adslane Limited may retain copies of any and all communications, information, Content and Ads sent to us or submitted to the Website.
Termination and/or Suspension
In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Adslane Limited 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.
Privacy
9.1 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 click on the link above.
9.2 [The Website places 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 Adslane Limited to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
9.3 If you wish to opt-out of our placing cookies onto your computer or device, please Got it button. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
Legal Rights and Disclaimers
10.1 Adslane Limited 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.
10.2 Save for the screening and approval of Ads, Adslane Limited has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Advertisers.
10.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Adslane Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
10.4 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.
10.5 Adslane Limited 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.
10.6 Whilst Adslane Limited 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.
10.7 If, as a result of Adslane Limited’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.
Availability of the Website and Modifications
11.1 Adslane Limited 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.
11.2 Adslane Limited 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.
Limitation of Liability
12.1 To the fullest extent permissible by law, Adslane Limited accepts 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.
12.2 To the fullest extent permissible by law, Adslane Limited excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
12.3 [The Website is not designed with commercial purposes in mind.] If the User is a commercial user, Adslane Limited 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.
12.4 Adslane Limited exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 10.7, Adslane Limited 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.
12.5 Adslane Limited 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.
12.6 Nothing in these Terms and Conditions excludes or restricts Adslane Limited’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.
12.7 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.
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.
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.
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 Adslane Limited.
Communications
16.1 All notices / communications shall be given to us by email to info@adslane.com
16.2 Adslane Limited may from time to time send you information about our products and/or services.
Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between the User and Adslane Limited (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and Adslane Limited, 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.
17.3 If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Adslane Limited, 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.