Terms of Service
Ad-Mart / WebCity Marketing Access Agreement
Please read this Agreement carefully before
accessing the Ad-Mart UK Classifieds. As a condition to and in
consideration of receiving and accessing the Ad-Mart UK
Classifieds, the User agrees to be bound by the terms of this
Agreement. Use of or access to the Ad-Mart UK Classifieds shall
constitute acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO
NOT ACCESS THE Ad-Mart UK Classifieds. If you have any questions
about this Agreement, please contact us via e-mail at webmaster@ad-mart.co.uk
Ad-Mart UK Classifieds
THIS AGREEMENT "Agreement" is entered into by
and between The Ad-Mart UK Classifieds and any individual,
corporation, association, agency, company, or other entity who
accesses or uses the Ad-Mart UK Classifieds (the
"User" or "you").
The Ad-Mart UK Classifieds, is a World Wide Web site on the
Internet that is designed to create an online community for the
Ad-Mart UK area. The Ad-Mart UK Classifieds is owned and
operated by WebCity Marketing. The Ad-Mart UK Classifieds
contains or may contain information, communications, opinions,
text, graphics, links, electronic art, animations, audio, video,
software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to
Users, including directories and databases, and areas of the
Ad-Mart UK Classifieds that can be modified by Users, such as
discussion forums, chat rooms, message boards, guestbooks,
user-created home pages, and classified ads ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to the Ad-Mart UK Classifieds.
You are responsible for providing all hardware, software,
telephone or other communications equipment and/or service to
connect to the Internet and access the Ad-Mart UK Classifieds
and are responsible for all Internet access charges, telephone
charges or other fees or charges incurred in connecting to the
Internet and accessing the Ad-Mart UK Classifieds.
1.2 User Conduct.
You agree to access and use the Ad-Mart UK Classifieds only for
lawful purposes. You are solely responsible for the knowledge of
and adherence to any and all laws, statutes, rules and
regulations, pertaining to (i) your use of the Ad-Mart UK
Classifieds, including any Interactive Area, (ii) the use of any
networks or other services connected to the Ad-Mart UK
Classifieds, and (iii) the communications means by which you
connect your modem, computer, or other equipment to the Ad-Mart
UK Classifieds. By accessing the Ad-Mart UK Classifieds, you
agree that you will not:
(1) restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, adult,
nudity, profane, or indecent information of any kind,
including links to any such content and without limitation
any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national, UK
or international law;
(3) post or transmit any information, software, or other
material which violates or infringes in the rights of others,
including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or
right holder.
(4) post or transmit any information, software or other
material which contains a virus or other harmful component;
(5) post or transmit or in any way exploit any information,
software or other material for commercial purposes or which
contains advertising, with the exception that the Free Home
Pages and the Classified Ads may, within the sole discretion
of the Ad-Mart UK Classifieds, be used for commercial purposes
or advertising;
(6) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise
interfere with the ability of others to access the Ad-Mart UK
Classifieds;
(7) disrupt the normal flow of communication in a chat
room, bulletin board, or other Interactive Area;
(8) claim a relationship with or to speak for any business,
association, institution or other organization for which you
are not authorized to claim such a relationship;
(9) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 Ad-Mart UK Classifieds content.
(a) You acknowledge that Content on the Ad-Mart UK Classifieds
is generally provided by the Ad-Mart UK Classifieds, individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that the Ad-Mart
UK Classifieds permits access to Content that is protected by
copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are
valid and protected in all media existing now or later developed
and except as is explicitly provided below, your use of Content
shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that the Ad-Mart UK Classifieds
owns a copyright in the "look and feel," i.e., the
selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content,
in whole or in part, provided, however, that you may (i) make a
reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the
Content, (ii) print one copy of each piece of Content, (iii)
make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal
use only. Any permitted copies of Content must reproduce in an
unmodified form any notices contained in the Content, such as
all Intellectual Property Right notices, and an original source
attribution to "The Ad-Mart UK Classifieds" and its
URL address. You acknowledge that the Ad-Mart UK Classifieds,
its Contributors, and/or Users remain the owners of the Content
and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
(c) Express written consent is hereby granted for users to
download and freely distribute the Ad-Mart UK Classifieds
buttons and the Ad-Mart UK Logo graphics, provided that these
graphics are used to provide a hypertext link back to the
Ad-Mart UK Classifieds, are not used in any negative or
disparaging way toward the Ad-Mart UK Classifieds, and further
provided that the Ad-Mart UK Classifieds shall maintain
ownership of and all copyright protections for these items.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through the
Ad-Mart UK Classifieds only Content that is not subject to any
Intellectual Property Rights, or Content in which any holder of
Intellectual Property Rights has given express authorization for
distribution over the Internet and on the Ad-Mart UK
Classifieds, without restriction whatsoever. Any Content
submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name
of owner]; Used by Permission." By submitting Content to
any Interactive Area, you automatically grant and/or warrant
that the owner of such Content, whether it be You or a third
party, has expressly granted to the Ad-Mart UK Classifieds the
royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
sublicense, distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights
that may exist in such Content. You also permit the Ad-Mart UK
Classifieds to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with
respect to such Content. You also permit any User to access,
view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the Ad-Mart UK Classifieds may include
various interactive areas ("Interactive Areas"),
including but not limited to bulletin boards, chat rooms,
user-created home pages, classified ads, and a guestbook. These
Interactive Areas allow feedback to the Ad-Mart UK Classifieds
and real-time interaction between users. You further understand
that the Ad-Mart UK Classifieds does not control the messages,
information, or files delivered to such Interactive Areas and
that the Ad-Mart UK Classifieds may offer you and other Users
the capability of creating and managing an Interactive Area.
However, neither the Ad-Mart UK Classifieds, its subsidiary and
parent companies, or affiliates, nor their respective directors,
officers, employees and agents are responsible for Content
within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any
additional rules or operating procedures of any Interactive Area
established by you or another User, as applicable. You recognize
that the Ad-Mart UK Classifieds cannot, and does not intend to,
screen communications in advance. Moreover, because the Ad-Mart
UK Classifieds encourages open and candid communication in the
Interactive Areas, the Ad-Mart UK Classifieds cannot determine
in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The Ad-Mart UK
Classifieds is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that the Ad-Mart UK
Classifieds has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to
operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform to
this Agreement, the Ad-Mart UK Classifieds may investigate the
allegation and determine in its sole discretion whether to
remove or request the User to remove such Content. The Ad-Mart
UK Classifieds reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part,
which it deems in its sole discretion to (i) violate the
then-standard provisions of this Agreement or any other
standard, written Ad-Mart UK Classifieds policy in effect at
that time, (ii) be harmful to any User's, the Ad-Mart UK
Classifieds, or other third parties' rights, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any
policies, guidelines, or practices of the Ad-Mart UK Classifieds
in operating the Ad-Mart UK Classifieds, or any change in
Content, is for you to discontinue accessing the Ad-Mart UK
Classifieds. The Ad-Mart UK Classifieds may terminate or
temporarily suspend your access to all or any part of the
Ad-Mart UK Classifieds, without notice, for conduct that the
Ad-Mart UK Classifieds believes is a violation of this Agreement
or any policies or guidelines posted by the Ad-Mart UK
Classifieds, or for other conduct which the Ad-Mart UK
Classifieds believes, in its sole discretion, is harmful to the
Ad-Mart UK Classifieds or other Users. The Ad-Mart UK
Classifieds may discontinue operating the Ad-Mart UK Classifieds
and terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you
are no longer authorized to access the Ad-Mart UK Classifieds,
including the Interactive Areas, and the restrictions imposed on
you with respect to Content downloaded from the Ad-Mart UK
Classifieds, as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of
Liability
5.1 Links. You understand that except for Content, products or
services expressly available at the Ad-Mart UK Classifieds Web
site, neither the Ad-Mart UK Classifieds, its subsidiary and
parent companies, or affiliates, or their respective directors,
officers, employees, and agents controls, provides, or is
responsible for any Content, goods or services available through
sites on the Internet linked to or from the Ad-Mart UK
Classifieds. All such Content, goods and services are made
accessible on the Internet by independent third parties and are
not part of the Ad-Mart UK Classifieds or controlled by the
Ad-Mart UK Classifieds. The Ad-Mart UK Classifieds neither
endorses nor is responsible for the accuracy, completeness,
usefulness, quality or availability of any Content, goods or
services available on any site linked to or from the Ad-Mart UK
Classifieds, which are the sole responsibility of such
independent third parties, and your use thereof is solely at
your own risk. Neither the Ad-Mart UK Classifieds, its
subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused by your use of
or reliance on any Content, goods or services available on any
site linked to or from the Ad-Mart UK Classifieds or your
inability to access the Internet or any site linked to or from
the Ad-Mart UK Classifieds.
5.2 Disclaimer of Warranties. Please use your best judgment
in evaluating all information contained or opinions expressed on
the Ad-Mart UK Classifieds. It is the Ad-Mart UK Classifieds
policy not to endorse or oppose any opinion expressed by a User
or Content provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Ad-Mart UK
Classifieds IS AT YOUR SOLE RISK. NEITHER THE Ad-Mart UK
Classifieds NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
THE Ad-Mart UK Classifieds OR ANY INTERNET SITE LINKED TO OR
FROM THE Ad-Mart UK Classifieds WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE,
INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR
DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE Ad-Mart UK Classifieds OR ANY
INTERNET SITE LINKED TO OR FROM THE Ad-Mart UK Classifieds OR AS
TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NON INFRINGEMENT, RELIABILITY, AVAILABILITY, OR
SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH THE Ad-Mart UK Classifieds OR ANY SITE LINKED
TO OR FROM THE Ad-Mart UK Classifieds. THE Ad-Mart UK
Classifieds IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE
Ad-Mart UK Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS
AGREEMENT, THE Ad-Mart UK Classifieds, OR ANY INTERNET SITE
LINKED TO OR FROM THE Ad-Mart UK Classifieds, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR
USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Ad-Mart UK Classifieds, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN THE Ad-Mart UK Classifieds OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Ad-Mart
UK Classifieds. THE CONTENT WITHIN THE Ad-Mart UK Classifieds
AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE
Ad-Mart UK Classifieds MAY INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED
IN NEW VERSIONS OF THE Ad-Mart UK Classifieds AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. THE Ad-Mart UK
Classifieds AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
PROPERTY ADVERTISEMENTS: NONE OF THE APPLIANCES MENTIONED
HAVE BEEN TESTED AND IT IS YOUR RESPONSIBILITY TO ENSURE
ACCURACY OF DETAILS AND MEASUREMENTS - PLEASE CONTACT A
SOLICITOR OR LEGAL ADVISOR BEFORE ENTERING IN TO ANY CONTRACT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Ad-Mart UK
Classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY Ad-Mart UK Classifieds CONTENT, OR WITH
THE Ad-Mart UK Classifieds ACCESS AGREEMENT, IN WHOLE OR IN
PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Ad-Mart UK Classifieds.
6. Indemnity
You agree to indemnify and hold the Ad-Mart UK Classifieds,
WebCity Marketing, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees,
and agents from any and all liabilities, claims and expenses,
including reasonable attorneys fees, arising from breach of this
Agreement, any other policy, your use or access of the Ad-Mart
UK Classifieds or any Internet site linked to or from the
Ad-Mart UK Classifieds, or in connection with the transmission
of any Content on the Ad-Mart UK Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement between the
Ad-Mart UK Classifieds and you, and supersedes any prior
agreements with respect to the subject matter herein. The
Ad-Mart UK Classifieds may revise this Agreement or any other
policy at any time and from time to time, and such revision
shall be effective two (2) days upon posting notice of such
revision prominently on the Ad-Mart UK Classifieds. You agree to
review this Agreement periodically to be aware of such
revisions. If any such revision is unacceptable to you, you must
discontinue accessing the Ad-Mart UK Classifieds. Your continued
accessing and use of the Ad-Mart UK Classifieds following notice
of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of Sections 1.2, 2.1, 2.2,
5.1, 5.2, 5.3, 6 and 7 shall survive the termination or
expiration of this Agreement. If any provision of this Agreement
or any other policy be held invalid or unenforceable, that
portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intention of the
parties and the remaining portions will continue in full force
and effect. The Ad-Mart UK Classifieds failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the England.
This Agreement is personal to you and you may not assign your
rights or obligations there under to anyone. All logos, brand
names, products, trademarks and service marks appearing herein
may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to
or from the Ad-Mart UK Classifieds have been done strictly for
clarification and identification and does not constitute
endorsement by the Ad-Mart UK Classifieds of the products,
services or information offered by the owner of such trademark,
service mark or link or endorsement of the Ad-Mart UK
Classifieds by such trademark, service mark or link owner.
Content copyright © 1999 Ad-Mart.
All rights reserved.
Please send your questions, comments, or bug reports to the Webmaster.
Ad-Mart - Part of the WebCity
UK Group. All rights reserved.
Usage subject to our
access agreement |
