Terms and Conditions of Site Use and Membership
PLEASE READ CAREFULLY
Last updated on 12th October 2011.
Effective Date: 12th October 2011.
1.This website is owned and operated by All Media Marketing Limited. We are incorporated in the British Virgin Islands under number 1045451. Our trading address is All Media Marketing Ltd, Suite 36, 88-90 Hatton Garden, London, EC1N 8PN. Our other contact details are specified on our website.
2.Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions. They apply to our Service (as defined below).
1."Advertisements" means online promotions on our Service of any kind including profiles and listings.
2."Content" means all information of whatever kind (including Advertisements) published or sent by Users on or in connection with our Service.
3."Service" means both our website and our related software and services.
4."User" means a person who uses our Service (whether or not registered with us) including advertisers.
3.Changes to the terms and conditions
1.We may change these terms and conditions by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4.Use of our Service - applicable to all Users
1.We grant Users a limited personal right to use our Service subject to these terms and conditions.
2.You are not eligible for, and must not use or register on, our Service if you are below 18 years of age or if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (eg because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country) or if you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.
3.You acknowledge that in using the Service you may be exposed to Content which may consider offensive or which may be inaccurate or otherwise objectionable. We do not endorse or recommend any Content and are not responsible for Content. It is not practical for us to vet or monitor all Content. You should not assume that any Content is accurate and be aware that a person may not be who he or she claims to be. You must take appropriate steps to investigate Content if you intend to act on it. When arranging through the Service to meet another person, you must take appropriate precautions. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
4.Any content which we ourselves make available on our Services is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
5.You must notify us immediately if you become aware of any inappropriate Content or inappropriate behavior by any User. You can do this by clicking here [email link] or by clicking on the "Report Abuse" button located prominently on our Service.
6.Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7.You must comply with any guidelines or requirements on our website. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
5.Your Advertisement - for advertisers only
1.You are responsible for your Advertisement. You must ensure that it is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights. Also, Advertisements must not be offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate.
2.Do not include any Content in your Advertisement if you are concerned that it may be misused by others.
3.We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Service or to locate or relocate Advertisements on our Service where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
4.We reserve the right (but do not undertake) to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it breaches our terms and conditions or it is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed or if we are required to do so by law or appropriate authority, without notice. If so, you must not attempt to re-publish or re-send the relevant Content.
5.You agree that, in connection with the supply of services which are the subject of the Advertisement, you will act in accordance with the highest industry standards and in accordance with all applicable laws, regulations and codes of conduct.
6.You may only use the contact information supplied by users in response to Advertisements in order to respond to the user's enquiry. You must not otherwise market to or contact such persons with their prior written consent. You must comply with applicable data protection laws.
7.You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide us is accurate and not misleading and that you will update it so that it remains so.
8.We do not guarantee that your Advertisement will generate any particular level of enquiries or revenues.
9.We reserve the right to irretrievably delete your Advertisement following cancellation of this agreement.
6.Payment - for advertisers only
1.Advertisement subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service.
2.Prices are not negotiable.
3.Just so you are clear, you are committed to pay the relevant subscription once you agree to your Advertisement being posted on our Service. No refunds will be made thereafter.
4.Where specified on the payment page of our Service when you subscribed, your subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions on our Service.
5.We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel your subscription as explained below. Otherwise the next auto-renewal of your subscription after the one month's notice will be at the new price.
6. Your credit card statement will read AW-AllMediaMarketingLtd18882551137.
7.Cancellation & Refund - for advertisers only
1.You may at any time cancel your agreement with us (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
2.We may at any time without cause immediately cancel your agreement with us including your right to use of our Service. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
3.We may at any time cancel this agreement (giving notice by email to the extent reasonably practicable) if we consider that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of your subscription.
4.Following cancellation of this agreement, your registration for and right to use our Service are terminated. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service following notice of cancellation.
5.We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.
8.Functioning of our Service
1.We cannot guarantee that the Service will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.
2.We are entitled to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will use reasonable endeavours to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.
3.We are entitled to make changes to the Service provided that these do not have a significant adverse effect on the quality of the Service.
9.Third party websites
1.We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
10.Intellectual property rights
1.All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or Users. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire, create derivative works from or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
2.If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-licence), royalty-free licence to use, copy, alter, display, sublicence and create derivative works from that Content in any media formats, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such content to the extent legally permitted. You grant each User a worldwide, perpetual, non-exclusive, royalty-free licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.
11.Restrictions of our liability
1.Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
2.You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
12.Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
1.there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
2.such loss or damage is not a reasonably foreseeable result of any such breach;
3.such loss or damage is caused by you, for example by not complying with this agreement; or
4.such loss or damage relates to a business.
13.Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
14.The following clauses apply only if you are a business (including advertisers):
1.To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
2.Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
3.In no event (including our own negligence) will we be liable for any: 1.economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
2.loss of goodwill or reputation;
3.special, indirect or consequential losses; or
4.damage to or loss of data
(even if we have been advised of the possibility of such losses).
4.You will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement or the advertised goods or services (if you are an advertiser) and/or breach of this agreement.
5.This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
15."Act of God"
1.Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control. If our Service is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Service was unavailable.
1.We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
1.These terms and conditions shall be governed by British Virgin Islands law and any disputes will be decided only by the courts of the British Virgin Islands.
1.We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it can't be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
1.If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.