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Advertising
Terms & Conditions
Introduction:
This Agreement between you and UK Pet Sitters consists of
these Terms and Conditions. "You" or
"Advertiser" means the entity identified in this
enrolment form, and/or any agency acting on its behalf,
which shall also be bound by the terms of this Agreement.
These terms and conditions shall be governed by and
construed in accordance with English law and subject to
the exclusive jurisdiction of the English courts. Please read very carefully these Terms and Conditions.
Uses: You agree that your business listings or banner
ads (contact details) may be placed on (i) UK Pet Sitters web site and associated sites (ii) Any banner ads or
business listings may be modified without your consent to comply
with any policy of UK Pet Sitters. UK Pet Sitters reserves
the right to, and in its sole discretion may, at any time
review, reject, modify, or remove any banner ad or
business listing. No liability of UK Pet Sitters
and/or its owner Cyber Space UK shall result from any such decision.
Parties'
Responsibilities:
You must be over the age of 18. You are responsible for your
own site and/or service advertised in UK Pet Sitters web site.
You are solely responsible for the advertising image
creation, advertising text and for the content of your
banner ads or business listings, including URL links. It is also your
responsibility to renew any banner ad or business listing upon
expiry, failure to renew any banner ad or business listing when due
may result in deletion within 28 days of expiry.
UK Pet Sitters is not responsible
for anything regarding your Business or Web site(s) including, but not
limited to, maintenance of your Web site(s), order entry,
customer service, payment processing, shipping,
cancellations or returns.
Banner Logo:
Your logo banner must be 468x60, presentable and either
gif, jpg or png format.
UK Pet Sitters doesn't
accept banner logo's that
don't meet the above requirements or contains: (i) pornography, (ii) explicit adult content,
(iii) moral questionable content, (iv) illegal content of
any kind, (v) illegal drugs promotion, (vi) racism, (vii)
politics content, (viii) religious content, (ix) acts of
cruelty to animals and/or (x)
fraudulent suspicious content. If your banner logo doesn't
meet our requirements or has any of the above content it
will be removed without notice.
Term of Advertising: All banner ads and business listings are for a term of 12 months from the date of posting. No agreement period will exceed 12 months.
Renewal: It is your responsibility to renew any banner ad or
business listing upon expiry, we may at our discretion email or write to inform you that your banner ad or
business listing has expired. Failure to renew any banner ad or
business listing when due, may result in deletion within 28 days of expiry.
Termination or Cancellation: You may cancel any banner
ad or business listing and/or
terminate this Agreement with or without cause at any
time. Termination of your account shall be effective when
UK Pet Sitters receives your notice via email. No refund
will be made for any reason.
General Content: UK Pet Sitters
web site doesn't accept banner advertising or
directory listings that
contains: (i) pornography, (ii) explicit adult content,
(iii) moral questionable content, (iv) illegal content of
any kind, (v) illegal drugs promotion, (vi) racism, (vii)
politics content, (viii) religious content, (ix) acts of
cruelty to animals and/or (x)
fraudulent suspicious content. If your advertising and/or
your web site has any of this content and you purchased
any banner advertising or directory listing you'll not
receive refund of any kind.
Confidentiality:
Each party agrees not to disclose Confidential Information
of the other party without prior written consent except as
provided herein. "Confidential Information"
includes (i) banner ads or directory listings, prior to publication, (ii) submissions
or modifications relating to any banner advertising
or directory listing,
(iii) click through rates or other statistics (except in an
aggregated form that includes no identifiable information
about you), and (iv) any other information designated in
writing as "Confidential." It does not include
information that has become publicly known through no
breach by a party, or has been (i) independently developed
without access to the other party's Confidential
Information; (ii) rightfully received from a third party;
or (iii) required to be disclosed by law or by a
governmental authority.
No Guarantee:
UK Pet Sitters makes no guarantee regarding the levels of
clicks for any advertising banner ad, or page views on its site.
No Warranty:
UK PET SITTERS MAKES NO WARRANTY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING
AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES
OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of
Liability: In no event shall UK Pet Sitters or
associated sites be
liable for any act or omission, or any event directly or
indirectly resulting from any act or omission of
Advertiser, Partner, or any third parties (if any). EXCEPT
FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY
OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY
BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND (ii) UK PET SITTERS
AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR
ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO UK PET SITTERS
BY ADVERTISER FOR THE BANNER AD OR LISTINGS GIVING RISE TO
THE CLAIM. Each party acknowledges that the other party
has entered into this Agreement relying on the limitations
of liability stated herein and that those limitations are
an essential basis of the bargain between the parties.
Without limiting the foregoing and except for payment
obligations, neither party shall have any liability for
any failure or delay resulting from any condition beyond
the reasonable control of such party, including but not
limited to governmental action or acts of terrorism,
earthquake or other acts of God, labour conditions,
telecommunications and power failures. Where
payment has been made for any business listing
and/or advertising banner any liability is limited to the
amount paid by the advertiser.
Payment:
You agree to pay in advance the cost of the banner
advertising, map, page or directory listings
with a debit or credit card via the secure payment system
offered by PayPal. PayPal
will automatically send you by electronic mail a receipt
as confirmation of payment. UK Pet Sitters will not setup
any banner adverts or business listings unless
the payment process is completed. Any over payment made
via PayPal will be refunded minus Paypal's fee where
applicable. UK Pet
Sitters reserve the right to change its pricing at any
time without prior notice. If you have an advertising
banner running or business listing and UK Pet
Sitters changes its pricing, you'll not need to pay any
difference. Your purchased banners or listing fee will
remain the same. Charges shall be calculated solely based
on records maintained by UK Pet Sitters. No other
measurements or statistics of any kind shall be accepted
by UK Pet Sitters or have any effect under this Agreement.
Any payments made using PayPal to us, will be refunded
minus Paypal fee where applicable.
Representations and
Warranties: You represent and warrant that (a)
all of the information provided by you to UK Pet Sitters
to enrol in the banner advertising and business listings is correct and current;
(b) you hold all rights to permit UK Pet Sitters and any
Partner(s) to use, reproduce, display, transmit and
distribute your banner ad(s), business listings; and (c) UK Pet Sitters and any
Partner(s) Use, your target(s), and any site(s) linked to,
and products or services to which users are directed, will
not, in any country where the ad is displayed (i)
violate any criminal laws or third party rights giving
rise to civil liability, including but not limited to
trademark rights or rights relating to the performance of
music; or (ii) encourage conduct that would violate any
criminal or civil law. You further represent and warrant
that any web site linked to your banner ad(s), page or
directory listings (i)
does not infringe on any third party's copyright or trade
mark
(ii) complies with
all laws and regulations in any country where the
ad is displayed; (iii) does not breach and has not breached
any duty toward or rights of any person or entity
including, without limitation, rights of publicity or
privacy, or rights or duties under consumer protection,
product liability, tort, or contract theories; and (iv
is not false, misleading, defamatory, libelous, slanderous
or threatening.
Your Obligation to
Indemnify: You agree to indemnify, defend and
hold Cyber Space UK, associated sites, its agents,
affiliates, subsidiaries, associates, directors, officers,
employees, and applicable third parties (e.g., all
relevant Partner(s), licensors, licensees, consultants and
contractors) ("Indemnified Person(s)") harmless
from and against any and all third party claims,
liability, loss, and expense (including damage awards,
settlement amounts, and reasonable legal fees), brought
against any Indemnified Person(s), arising out of, related
to or which may arise from you advertising with us, your
Web site, and/or your breach of any term of this
Agreement. Customer understands and agrees that each
Partner, as defined herein, has the right to assert and
enforce its rights under this Section directly on its own
behalf as a third party beneficiary.
Information Rights:
UK Pet Sitters may retain and use for its own purposes all
information you provide, including but not limited to
URLs, the content of testimonials, banner ads and business
listings. UK Pet Sitters may share this information about
you with business partners and/or sponsors. UK Pet Sitters
will not sell your information. Your name, web site's URL
and related graphics shall be used by UK Pet Sitters on
its or associated web sites at any time as a sample to the public, even
if your business listing or banner advertising has been finished.
Miscellaneous:
Any decision made by UK Pet Sitters under this Agreement shall
be final. UK Pet Sitters shall have no liability for any such
decision. You will be responsible for all reasonable
expenses (including solicitor/attorneys' fees) incurred by UK Pet Sitters
in collecting unpaid amounts under this
Agreement. This Agreement shall be governed by the laws of
the United Kingdom. Any dispute or claim arising out of or
in connection with this Agreement shall be adjudicated in
the United Kingdom. This constitutes the entire agreement
between the parties with respect to the subject matter
hereof. Advertiser may not resell, assign, or transfer any
of its rights hereunder. Any such attempt may result in
termination of this Agreement, without liability to UK Pet Sitters
and without any refund. The relationship(s)
between UK Pet Sitters and the "Partners" is not one
of a legal partnership relationship, but is one of
independent contractors. This Agreement shall be construed
as if both parties jointly wrote it.
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