Advertology.com - Terms & Conditions of Use
Please read these Terms & Conditions of Use before using
Advertology.com or any features of this site. By using Advertology.com you have
accepted these Terms & Conditions of Use.
Contents
1.
Introduction. 2
1a. Consent of Use. 2
2. Information on the Website. 2
3. Trademarks. 3
4. Copyrights. 3
4a. Special Use of Article and Reference Material 3
4b. Copyright Question. 3
5. External Links. 4
5a. Framing. 4
5b. Links to Advertology.com.. 4
6. Public Information and User Submissions. 4
7. Specific Use. 5
8. Warranties. 6
9. DISCLAIMER. 6
10. LIMITAION OF LIABLILITY. 6
11. Use of Advertology.com.. 7
12. General 7
12a. Entire Agreement. 7
12b. Alteration. 7
12c. Conflict. 7
12d. Waiver. 7
12e. Cession. 7
12f. Severability. 8
12g. Applicable Laws. 8
12h. International 8
13. Service Policy. 8
13a. Service Providers. 8
13b. Cancellation Policy. 9
13c. Registered Clients. 9
13d. Non-Registered Users. 10
14. Final 10
15. Questions or Comments. 10
Advertology, LLC. including subsidiaries and affiliates
provides the information contained on this website or any of the pages
comprising the website (Advertology.com) to users and visitors are subject to
the terms and conditions set out in these website Terms & Conditions of
Use, the Privacy Notice, and any other relevant terms and conditions, policies
and notices which may be applicable to a specific section or module of this
website.
By using Advertology.com, you agree to be bound by these
terms of use. If you do not agree to these terms of use, please exit the site.
We reserve the right, at our discretion, to modify, add or delete portions of
these terms at any time by posting updated terms of use on Advertology.com.
Please check these terms frequently for updates. Any modifications, additions
or deletions to these terms shall be effective immediately upon posting of
updated terms of use. Your continued use of Advertology.com following the
posting of updated terms of use will mean that you agree to those changes.
While every effort is made to update the information
contained on this website, neither Advertology,
LLC nor any third party or data or
content provider make any representations or warranties, whether express, implied
in law or residual, as to the sequence , accuracy, completeness or reliability
of information, opinions, any pricing information, research information, data
and/or content contained on the website
(including but not limited to any information which may be provided by
any third party or data or content providers) and shall not be bound in any
manner by any information contained on the website. Advertology, LLC reserves
the right at any time to change or discontinue without notice, any aspect or
feature of this website. Advertology, LLC is not liable for use or misuse of
the information, data, or articles of this site. You
and your company rely on the information contained on this website at your own
risk. If you find an error or omission at this site, please email us at support@advertology.com
The trademarks, names, logos and service marks (collectively
“trademarks”) displayed on this website are registered and unregistered
trademarks of the Advertology, LLC. All rights reserved. Nothing contained on
this website should be construed as granting any license or right to use any
trademark without prior written permission of Advertology, LLC.
The contents of Advertology.com are protected by U.S. and
international copyright laws. You may not reproduce, distribute, transmit,
display, or prepare derivative works, except as provided below. You may copy
and print a limited amount of content for your personal and non-commercial use
only, provided that you include all copyright and other notices contained in
the content and that you do not modify the content. Any other use of
Advertology content requires prior written permission from Advertology, LLC.
For permission requests, send an email to contact@advertology.com
Articles listed in the Advertology.com’s Article Center,
Reference Center, and Terminology Center is available for public use. Reproducing these articles are permitted, but
only if the copyright notice (listed below the article), complete and modified
text, and hyperlink (link and or address) are included. Changes to the wording
of any texts are strictly prohibited. Articles from Advertology.com shall not
be made available for resale by another party.
Advertology, LLC respects the intellectual property rights
of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide the following information in
writing to Advertology, LLC: to contact@advertology.com
Include:
-
Description of the copyrighted work that you claim has been infringed.
- Description of the material that you claim to
be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information sufficient to
permit us to locate the material.
- Contact information: address, telephone number and e-mail address.
- Statement that the information in
the notification is accurate and, under penalty of perjury, that you are the
copyright owner or are authorized to act on behalf of the owner of a copyright
that is allegedly infringed.
- Proof of identity, ownership, and
or agency of legal copyright owner.
External links may be provided for your convenience, but
they are beyond the control of Advertology, LLC and no representation is made
as to their content. This includes links generated by member clients and
providers. Use or reliance on any external links and the content therein is
provided at your own risk. When visiting external links you must refer to that
external websites terms and conditions of use. Advertology, LLC shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, products or services available on or through such sites.
Framing is explicitly not permitted. Advertology.com reserves
the right to block any site which engages in framing of Advertology content.
5b. Links
to Advertology.com
Advertology.com encourages and permits links to content on Advertology.com.
However, Advertology.com is an organization committed to the highest ethics and
standards. Therefore, the linking should not (a) suggest that Advertology.com
promotes or endorses any third party's causes, ideas, web sites, products or
services, or (b) use Advertology.com content for inappropriate commercial
purposes. We reserve the right to withdraw permission for any link.
Advertology, LLC is not responsible for any material
submitted to the public areas by you (which include bulletin boards, hosted
pages, profiles, job/projects, quotes, comments, or any other public area found
on the website. Any material (whether submitted by you or any other user) is
not endorsed, reviewed or approved by the Advertology, LLC. Advertology, LLC reserves
the right to remove any material submitted or posted by you in the public
areas, without notice to you, if it becomes aware and determines, in its sole
and absolute discretion that you are or there is the likelihood that you may,
including but not limited to –
6.1 Defame, abuse, harass, stalk, threaten or otherwise
violate the rights of other users or any third parties;
6.2 Publish, post, distribute or disseminate any defamatory,
obscene, indecent or unlawful material or information;
6.3 Post or upload files that contain viruses, corrupted
files or any other similar software or programs that may damage the operation
of the Advertology.com and/or a third party's computer system and/or network;
6.4 Violate any copyright, trade mark, other applicable United States of America or
international laws or intellectual property rights of Advertology, LLC or any
other third party
6.5 Submit contents containing marketing or promotional
material which is intended to solicit business other than the permissible
activities specifically granted for this site.
You further agree not to use Advertology.com to send or post
any message or material that is unlawful, harassing, defamatory, abusive,
indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially
offensive, profane, pornographic or violates any applicable law and you hereby
indemnify the Advertology, LLC against any loss, liability, damage or expense
of whatever nature which Advertology, LLC or any third party may suffer which
is caused by or attributable to, whether directly or indirectly, your use of
the website to send or post any such message or material.
7.1 You may not post, upload or transmit any messages or
materials anonymously or under a false name or a false e-mail address.
7.2 You may only post, upload or transmit materials for
which you have the copyright or other permission to distribute electronically.
You may not violate, plagiarize, or infringe on the rights of third parties,
including copyright, trademark, trade secret, privacy, personal, publicity,
moral or proprietary rights. You promise and represent that any posted,
uploaded, included or transmitted materials will be owned by you or in the
public domain.
7.3 You may not use Advertology.com to distribute chain
letters, mass mailings or "spam" or to gather e-mail addresses for
the purpose of sending "spam" to other users of the site.
7.4 Persons under the age of eighteen (18) MUST obtain
parental permission before registering for the client or provider memberships
or posting, uploading or transmitting material on or through the site. Children
under the age of thirteen (13) are not eligible to participate in any
Advertology.com service or otherwise post, upload or transmit material on or
through the site.
7.5 You are solely responsible for any content posted,
uploaded or transmitted using your account and or the web site. Advertology.com
does not and cannot review all information posted by you and is not responsible
for any materials posted by others any part of the site. However,
Advertology.com has the right (but not the obligation) to delete, edit or move
any material that it deems, in its sole discretion, to be in violation of the
Terms & Conditions of Use, or which it otherwise, in its sole discretion,
considers to be objectionable.
7.6 Advertology, LLC is not responsible or liable for any
materials posted on Advertology.com, uploaded or transmitted on or through the
site. Advertology, LLC cannot verify the accuracy of statements that users
place on Advertology.com, and does not guarantee that any material has been posted,
uploaded or transmitted with the permission of the copyright or proprietary
owner or is otherwise in compliance with these Terms & Conditions of Use.
7.7 By using Advertology.com, you agree to abide by these
rules. You acknowledge that Advertology, LLC has the right to delete, edit or
move material that it deems, in its sole discretion, to be in violation of
these Terms & Conditions of Use, or which it otherwise, in its sole
discretion, considers to be objectionable. You further acknowledge that Advertology.com
has the right to limit or terminate access any and all services for any reason,
including violation of the these Terms & Conditions of Use.
7.8 You agree that you will indemnify and hold harmless
Advertology, LLC and its directors, officers, employees, members and licensees
from any and all claims, liabilities, costs or expenses, including reasonable
attorneys' fees, arising from (1) your breach of any of the above
representations and warranties, (2) your use of the Service, (3) the materials
you have posted, uploaded or transmitted into the Advertology.com site, or (4)
Advertology, LLC ‘s publication, distribution or use of such materials.
Advertology, LLC makes no warranties, representations,
statements or guarantees (whether express, implied in law or residual)
regarding Advertology.com, the information contained on Advertology.com, you or
your company's personal information or material and information transmitted
over our system.
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE
ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ADVERTOLOGY, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE. NOR DOES ADVERTOLOGY, LLC MAKE ANY WARRANTIES AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE,
RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF, ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR
THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS
ENTIRELY AT YOUR OWN RISK.
ADVERTOLOGY, LLC CONTENT IS NOT INTENDED TO SUBSTITUTE FOR
PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON
ADVERTOLOGY, LLC IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR,
PROFESSIONAL ADVICE.
ADVERTOLOGY, LLC SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS
ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR
CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY
BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF
OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF
ADVERTOLOGY.COM, ANY INFORMATION CONTAINED ON ADVERTOLOGY.COM, YOU OR YOUR
COMPANY'S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR
SYSTEM. IN PARTICULAR, NEITHER THE ADVERTOLOGY, LLC NOR ANY THIRD PARTY OR DATA
OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON,
FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT
OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING
FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE
INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE
THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION,
OR TERMINATION THEREOF.
Advertology, LLC does not make any warranty or
representation that information on Advertology.com is appropriate for use in
any jurisdiction (other than United
States of America). By accessing the website, you warrant and represent to
Advertology, LLC that you are legally entitled to do so and to make use of
information made available via Advertology.com.
These Terms & Conditions constitute the sole record of
the agreement between you and the Advertology, LLC in relation to your use of Advertology.com.
Neither you nor the Advertology, LLC shall be bound by any express tacit or
implied representation, warranty, promise or the like not recorded herein.
Unless otherwise specifically stated these website terms and conditions
supersede and replace all prior commitments, undertakings or representations,
whether written or oral, between you and Advertology, LLC in respect of your
use of the website.
Advertology, LLC may at any time modify any relevant terms
and conditions, policies or notices. You acknowledge that by visiting Advertology.com
from time to time, you shall become bound to the current version of the
relevant terms and conditions (the "current version") and, unless
stated in the current version, all previous versions shall be superseded by the
current version. You shall be responsible for reviewing the then current
version each time you visit Advertology.com.
Where any conflict or contradiction appears between the
provisions of these website Terms & Conditions and any other relevant terms
and conditions, policies or notices, the other relevant terms and conditions,
policies or notices which relate specifically to a particular section or module
of Advertology.com shall prevail in respect of your use of the relevant section
or module of Advertology.com.
No indulgence or extension of time which either you or Advertology,
LLC may grant to the other will constitute a waiver of or, whether by estoppels
or otherwise, limit any of the existing or future rights of the grantor in
terms hereof, save in the event or to the extent that the grantor has signed a
written document expressly waiving or limiting such rights.
Advertology, LLC shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms of any relevant
terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions,
policies and notices are, notwithstanding the manner in which they have been
grouped together or linked grammatically, severable from each other. Any
provision of any relevant terms and conditions, policies and notices, which is
or becomes unenforceable in any jurisdiction, whether due to void, invalidity,
illegality, unlawfulness or for any reason whatever, shall, in such
jurisdiction only and only to the extent that it is so unenforceable, be
treated as pro non scripto and the remaining provisions of any relevant terms and
conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices
shall be governed by and construed in accordance with the laws of the United States of America without giving
effect to any principles of conflict of law. You hereby consent to the
exclusive jurisdiction of the United
States of America in respect of any disputes arising in connection with the
website, or any relevant terms and conditions, policies and notices or any
matter related to or in connection therewith.
Advertology.com and its services are controlled and operated
within the United States of America.
Advertology, LLC makes no representation that content, materials or products
available on or through the site are appropriate or available for use outside
of the United States of America. If
you access the Service from a location outside the United States of America, you are responsible for compliance with
applicable laws, including local laws regarding online conduct and content and
U.S. export laws and regulations.
All Advertology.com paid services are restricted to persons
or companies residing within the United
States of America. All other services and including paid services are not designed
for international usage and makes no claim that it is.
13.1. All members and non-members must abide by the terms
and conditions set forth in these Terms & Conditions as well as the Privacy
Notice.
13.2. A Service Provider may also sign up as a registered client;
however the same email username will only be permitted 1 time in the system.
You must create a new account with a separate email username.
13a.1 A Service Provider is defined as a proprietor of professional
and non-professional services. A provider can be any single person, sole
proprietor, incorporated company or any other organizational type.
13a.2 Service Providers are required to pay a membership
fee. The cost can be but is not limited to be derived from the professional
category, location of service, and promotional offers.
13a.3 All Payments are to be conducted through PayPal,
Advertology, LLC’s authorized secure online payment service unless otherwise
agreed upon. You are required to sign-up for a free PayPal account or use your
current account PayPal account to process your membership subscription. Please consult PayPal’s User Agreement as well as their Privacy Notice.
13a.4 Payment will be automatically withdrawn on a monthly
basis from the account listed in your PayPal subscription membership to
Advertology.com unless otherwise specified.
13a.5 Advertology.com does not in any way make a guarantee
that you or your company will have increased business from listing on this
site. Advertology.com is an advanced directory listing service only.
13b.1. Failure to make payment, insufficient funds, or any
other missed payment reason will result in an account deactivation and finally
account termination.
13b.2. You are entitled to cancel
your membership subscription at any time during your membership.
13b.3. Cancel your account from either your PayPal
subscription account (see PayPal.com for instructions) or locate the cancel
account button from your home account screen.
13b.4. Advertology.com will only grant a refund within the
first 15 days of paid membership. Afterward you will be responsible for the
cost of each current month. Refunds will not be pro-rated. Cancellation at any
time before your scheduled payment will cancel the next and subsequent payment
withdrawals. Cancellation at any time after your scheduled monthly payment will
not refund that payment even though your account will be immediately
deactivated. The next payment will be cancelled. For any questions please email
support@advertology.com.
13b.5. Once cancelled your account
will be deactivated and you will receive emails confirming deactivation,
cancellation, and finally end of term (when the final month’s payment runs
out).
13b.6. Your closed account will
remain in the system up to 1 year after cancellation. If you wish to reactivate
this account at any time please email support@advertology.com.
You will not be able to reuse the same email address for your user name unless
you contact Advertology first.
13b.7. Advertology.com has the right to cancel your account
for any reason at any time. Upon termination of account, Advertology.com will
not refund your current month’s payment.
13c.1. A registered client is defined
as a user of Advertology.com who has registered their contact information and
crated their own account at Advertology.com
13c.2. Client registration is a free service.
Advertology.com makes not claims or guarantees of its service providers.
Service Providers listed in the Advertology.com directory operate in
dependently of Advertology.com. Advertology.com does not make any pricing or
any other claims about it Service Providers. Contact and use Service Providers
at your own risk.
13c.3. Your account may be
terminated at any time for any reason. Once terminated you will not be able to
access you account.
13d.1. Non-Registered Users must comply with these Terms
& Conditions, the Privacy Notice, and any other notices or requirements.
13d.2. Non-Registered Users will have access to the
Reference Center, Article Center, Terminology Center, and the directory of
service providers. Without registration,
these users are not entitled to any services beyond these listed in section
13d.2.
13e. Advertology.com reserves the right to block your access
from Advertology.com for any reason it deems fit.
13f. Advertology.com will not tolerate any misuse or
negative actions as listed in these Terms & Conditions or as it sees
applicable. Advertology, LLC will take full legal measures to ensure proper use
and conduct of behavior on its site Advertology.com
These Terms & Conditions of Use, together with the
Privacy Notice, represent the entire understanding of the parties regarding the
use of Advertology.com and supersede any previous documents, correspondence,
conversations, or other oral or written understanding related to these terms of
use. These terms of use shall be governed by and construed under District of
Columbia law without regard to its choice of law rules, and, where applicable,
the laws of the United States of America.
To the extent permissible by law, any disputes under these terms of use or
relating to the site shall be litigated in the local or Federal courts located,
and you hereby consent to personal jurisdiction and venue, in the District of
Columbia. A modification or waiver of a part of these terms of use shall not
constitute a waiver or modification of any other portion of the terms of use.
If for any reason any provision of these terms of use is found unenforceable,
that provision will be enforced to the maximum extent permissible, and the
remainder of the terms of use will continue in full force and effect.
If you have any questions, comments or concerns arising from
Advertology.com, the Terms & Conditions of Use, the privacy policy or any
other relevant policies and notices or the way in which we are handling your
personal information please contact us at contact@advertology.com.
Last updated : 1/11/2007 5:21 PM
