TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (1you") and
PageAd OÜ
https://ad.page/app website as well as any other media form,
media channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the 1Site").
Estonia
and have our registered office at Harju
maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115 – Estonia
Kesklinna
Tallinn
10115
.
Keyword (the
1Marketplace Offerings"). In order to help make the Site a secure environment for the purchase
and sale of Marketplace Offerings, all users are required to accept and comply with these Terms
of Use
, including the Website
Terms of Use Version 1.0 The Page Ad website located at https://ad.page/ is a copyrighted work
belonging to PageAd OÜ. Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site in
connection with such features. All such additional terms, guidelines, and rules
are incorporated by reference into these Terms. These Terms of Use described the
legally binding terms and conditions that oversee your use of the Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you
represent that you have the authority and capacity to enter into these Terms.
YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH
ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE. These
terms require the use of arbitration Section 10.2 on an individual basis to
resolve disputes and also limit the remedies available to you in the event of a
dispute. Access to the Site Subject to these Terms. Company grants you a
non-transferable, non-exclusive, revocable, limited license to access the Site
solely for your own personal, noncommercial use. Certain Restrictions. The
rights approved to you in these Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Site; (b) you shall not change, make
derivative works of, disassemble, reverse compile or reverse engineer any part
of the Site; (c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means unless otherwise indicated,
any future release, update, or other addition to functionality of the Site shall
be subject to these Terms. All copyright and other proprietary notices on the
Site must be retained on all copies thereof. Company reserves the right to
change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part. No Support or Maintenance.
You agree that Company will have no obligation to provide you with any support
in connection with the Site. Excluding any User Content that you may provide,
you are aware that all the intellectual property rights, including copyrights,
patents, trademarks, and trade secrets, in the Site and its content are owned by
Company or Company's suppliers. Note that these Terms and access to the Site do
not give you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed in Section 2.1. Company
and its suppliers reserve all rights not granted in these Terms. Third-Party
Links & Ads; Other Users Third-Party Links & Ads. The Site may contain
links to third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads.
Company provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a suitable
level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party's terms and policies
apply, including the third party's privacy and data gathering practices. Other
Users. Each Site user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and agree that
we are not responsible for any User Content, whether provided by you or by
others. You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between
you and any Site user, we are under no obligation to become involved. You hereby
release and forever discharge the Company and our officers, employees, agents,
successors, and assigns from, and hereby waive and relinquish, each and every
past, present and future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature, that has arisen
or arises directly or indirectly out of, or that relates directly or indirectly
to, the Site. If you are a California resident, you hereby waive California
civil code section 1542 in connection with the foregoing, which states: 1a
general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with
the debtor." Cookies and Web Beacons. Like any other website, Page Ad uses
‘cookies'. These cookies are used to store information including visitors'
preferences, and the pages on the website that the visitor accessed or visited.
The information is used to optimize the users' experience by customizing our web
page content based on visitors' browser type and/or other information.
Disclaimers The site is provided on an 1as-is" and 1as available" basis, and
company and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make
not guarantee that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code, complete, legal, or safe. If
applicable law requires any warranties with respect to the site, all such
warranties are limited in duration to ninety (90) days from the date of first
use. Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you. Limitation on Liability To the maximum extent permitted by
law, in no event shall company or our suppliers be liable to you or any
third-party for any lost profits, lost data, costs of procurement of substitute
products, or any indirect, consequential, exemplary, incidental, special or
punitive damages arising from or relating to these terms or your use of, or
incapability to use the site even if company has been advised of the possibility
of such damages. Access to and use of the site is at your own discretion and
risk, and you will be solely responsible for any damage to your device or
computer system, or loss of data resulting therefrom. To the maximum extent
permitted by law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this agreement, will
at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The
existence of more than one claim will not enlarge this limit. You agree that our
suppliers will have no liability of any kind arising from or relating to this
agreement. Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above limitation or
exclusion may not apply to you. Term and Termination. Subject to this Section,
these Terms will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any reason at
our sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account and right
to access and use the Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content associated
with your Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms. Even
after your rights under these Terms are terminated, the following provisions of
these Terms will remain in effect: Sections 2 through 2.5, Section 3 and
Sections 4 through 10. Copyright Policy. Company respects the intellectual
property of others and asks that users of our Site do the same. In connection
with our Site, we have adopted and implemented a policy respecting copyright law
that provides for the removal of any infringing materials and for the
termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe that one of
our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent: your physical or electronic signature; identification of the copyrighted
work(s) that you claim to have been infringed; identification of the material on
our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material; your address,
telephone number, and e-mail address; a statement that you have a good faith
belief that use of the objectionable material is not authorized by the copyright
owner, its agent, or under the law; and a statement that the information in the
notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner. Please note that, pursuant
to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any
damages, costs and attorney's fees incurred by us in connection with the written
notification and allegation of copyright infringement. General These Terms are
subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to
us and/or by prominently posting notice of the changes on our Site. You are
responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch
of the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these Terms will
be effective upon the earliest of thirty (30) calendar days following our
dispatch of an e-mail notice to you or thirty (30) calendar days following our
posting of notice of the changes on our Site. These changes will be effective
immediately for new users of our Site. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes. Dispute
Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of
Arbitration Agreement. All claims and disputes in connection with the Terms or
the use of any product or service provided by the Company that cannot be
resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held
in English. This Arbitration Agreement applies to you and the Company, and to
any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms. Notice Requirement
and Informal Dispute Resolution. Before either party may seek arbitration, the
party must first send to the other party a written Notice of Dispute describing
the nature and basis of the claim or dispute, and the requested relief. A Notice
to the Company should be sent to: Harju maakond, Tallinn, Kesklinna linnaosa,
Tartu mnt 67/1-13b, 10115 Estonia. After the Notice is received, you and the
Company may attempt to resolve the claim or dispute informally. If you and the
Company do not resolve the claim or dispute within thirty (30) days after the
Notice is received, either party may begin an arbitration proceeding. The amount
of any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which
either party is entitled. Arbitration Rules. Arbitration shall be initiated
through the American Arbitration Association, an established alternative dispute
resolution provider that offers arbitration as set forth in this section. If AAA
is not available to arbitrate, the parties shall agree to select an alternative
ADR Provider. The rules of the ADR Provider shall govern all aspects of the
arbitration except to the extent such rules are in conflict with the Terms. The
AAA Consumer Arbitration Rules governing the arbitration are available online at
adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be
conducted by a single, neutral arbitrator. Any claims or disputes where the
total amount of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based arbitration, at
the option of the party seeking relief. For claims or disputes where the total
amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more,
the right to a hearing will be determined by the Arbitration Rules. Any hearing
will be held in a location within 100 miles of your residence, unless you reside
outside of the United States, and unless the parties agree otherwise. If you
reside outside of the U.S., the arbitrator shall give the parties reasonable
notice of the date, time and place of any oral hearings. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the
last settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or $2,500.00.
Each party shall bear its own costs and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the ADR
Provider. Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be conducted
by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or witnesses unless
otherwise agreed by the parties. Time Limits. If you or the Company pursues
arbitration, the arbitration action must be initiated and/or demanded within the
statute of limitations and within any deadline imposed under the AAA Rules for
the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the
arbitrator will decide the rights and liabilities of you and the Company, and
the dispute will not be consolidated with any other matters or joined with any
other cases or parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the authority
to award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing
the essential findings and conclusions on which the award is based. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The award of the arbitrator is final and
binding upon you and the Company. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE
THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall
be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less expensive than
rules applicable in a court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge. Waiver of Class or
Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis and
not on a class basis, and claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any other customer
or user. Confidentiality. All aspects of the arbitration proceeding shall be
strictly confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This paragraph shall not prevent a party from
submitting to a court of law any information necessary to enforce this
Agreement, to enforce an arbitration award, or to seek injunctive or equitable
relief. Severability. If any part or parts of this Arbitration Agreement are
found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full
force and effect. Right to Waive. Any or all of the rights and limitations set
forth in this Arbitration Agreement may be waived by the party against whom the
claim is asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement. Survival of Agreement. This Arbitration Agreement
will survive the termination of your relationship with Company. Small Claims
Court. Nonetheless the foregoing, either you or the Company may bring an
individual action in small claims court. Emergency Equitable Relief. Anyhow the
foregoing, either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending arbitration. A request
for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement. Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer
Fraud and Abuse Act, and infringement or misappropriation of the other party's
patent, copyright, trademark or trade secrets shall not be subject to this
Arbitration Agreement. In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Netherlands
County, California, for such purposes. The Site may be subject to U.S. export
control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws or
regulations. Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or
by telephone at (800) 952-5210. Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or communicates with you
via email. For contractual purposes, you (a) consent to receive communications
from Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company provides
to you electronically satisfy any legal obligation that such communications
would satisfy if it were be in a hard copy writing. Entire Terms. These Terms
constitute the entire agreement between you and us regarding the use of the
Site. Our failure to exercise or enforce any right or provision of these Terms
shall not operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual effect.
The word 1including" means 1including without limitation". If any provision of
these Terms is held to be invalid or unenforceable, the other provisions of
these Terms will be unimpaired and the invalid or unenforceable provision will
be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms,
and your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company's prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees. Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All
trademarks, logos and service marks displayed on the Site are our property or
the property of other third-parties. You are not permitted to use these Marks
without our prior written consent or the consent of such third party which may
own the Marks. Contact Information Address: Harju maakond, Tallinn, Kesklinna
linnaosa, Tartu mnt 67/1-13b, 10115 Estonia Email: [email protected] posted on
the Site, which are incorporated into these Terms of Use
. You agree that by accessing the Site and/or the Marketplace Offerings, you have read,
understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE
OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use
The information provided on the Site is not intended
for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise
indicated, the Site and the Marketplace Offerings are our proprietary property and all source code,
databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the 1Content") and the trademarks, service
marks, and logos contained therein (the 1Marks") are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are
provided on the
Site 1AS IS" for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the Site or the Marketplace Offerings, you
represent and warrant that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply with these Terms of Use;
(4) you are not a
minor in the jurisdiction in which you reside
; (
5) you will not access the Site or the
Marketplace Offerings through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or
unauthorized
purpose; and (7) your use of the Site or the Marketplace
Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings
for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings,
violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of
any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and
pornography or graphic adult content, images, or other adult products. Postings of any
unauthorized products or content may result in immediate termination of your account and a
lifetime ban from use of the Site.
We are a service
provider
and make no representations as to the safety, effectiveness, adequacy,
accuracy, availability, prices, ratings, reviews, or legality of any of the
information contained on the Site or the Marketplace Offerings displayed or
offered through the Site. You understand
and agree that the content of the Site does not contain or constitute representations
to be reasonably relied upon, and you agree to hold us harmless from any
errors, omissions, or misrepresentations contained within the Site's
content. We do not endorse or recommend
any Marketplace Offerings and the Site is provided for informational and
advertising purposes only.
You may be
required to register with the Site in order to access the Marketplace Offerings. You
agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We reserve the
right to limit the quantities of the Marketplace Offerings offered or available
on the Site. All descriptions or pricing
of the Marketplace Offerings are subject to change at any time without notice,
at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that
the quality of any of
the Marketplace Offerings purchased by you will meet your expectations or that
any errors in the Site will be corrected.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases of the Marketplace Offerings made via the Site.
You further agree to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required by us.
We may change prices at any time. All payments shall be in U.S. dollars
.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
All sales are
final and no refund will be issued.
You may not access or use the Site for any purpose
other than that for which we make the Site available. The Site may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of
the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (1gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 1spyware" or 1passive collection mechanisms" or 1pcms").
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Marketplace Offerings as part of any effort to compete with us
or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
-
Sell or otherwise transfer your profile. -
Use the Site to advertise or offer to sell goods and services.
9. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the Marketplace
Offerings.
By posting your
Contributions to any part of the Site
or making Contributions accessible to
the Site by linking your account from the Site to any of your social
networking
accounts
, you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or
in part), and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all moral rights
in your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews
or ratings. When posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume liability
for any review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link
your account with online accounts you have with third-party service providers (each such
account, a 1Third-Party Account") by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant
that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your use
of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party
Account (the 1Social Network Content") so that it is available on and through the Site
via your account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account
additional information to the extent you are notified when you link your account with
the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Site. Please note that if a
Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on
and through the Site. You will have the ability to disable the connection between your
account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are original with
you or that you have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
15. PRIVACY
POLICY
We care about data privacy and security. Please review
our Privacy Policy:
https://ad.page/privacy-policy-2/
. By using the Site or the Marketplace Offerings, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the
Site and the Marketplace Offerings are hosted in
Estonia
Germany
United Kingdom
Estonia
Germany
United Kingdom
Estonia
Germany
United Kingdom
Estonia
Germany
United Kingdom
16. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Site
infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a 1Notification"). A copy of your
Notification will be sent to
the person who posted or stored the material addressed in the
Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Marketplace Offerings without notice at any time. We will not be
liable to you or any third party for any modification, price change, suspension, or discontinuance
of the Site or the Marketplace Offerings.
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may experience hardware,
software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site or the Marketplace Offerings at any time or for any reason without notice to you.
You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the
Site or the Marketplace Offerings. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply
any
corrections, updates, or releases in connection therewith.
These conditions are
governed by and interpreted following the laws of Estonia
PageAd OÜ and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Estonia Tallinn , which means
that you may make a claim to defend your consumer protection rights in regards to these Conditions
of Use in Estonia
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or
us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding
Arbitration
Any dispute arising from the relationships between the Parties to this contract
shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of
which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tallinn , Estonia
English
. Applicable rules of substantive law shall be the law of
Estonia
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any
other persons.
21. CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
22. DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO
$10.00
USD
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or
the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
25. USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace
Offerings. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Marketplace Offerings. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
27. CALIFORNIA USERS
AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28.
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use
is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these
Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
29. CONTACT
US
In order to resolve a complaint regarding the Site or
the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace
Offerings, please contact us at:
Phone:
+372 602 7243