AdClip

LEGAL TERMS | Terms and Conditions

Terms and Conditions

Condition of Use of AdClip
Please read the Conditions of Use very carefully.

Binding of User by Conditions of Use

The use of any AdClip products, services, software and websites (jointly abbreviated as “Services”) that are not the object of a separate contract, shall be subject to these Conditions of Use and any other Conditions of Use provided for reading in or through the use of a particular service. The latter shall take precedence over the former, in the event of inconsistency.

Said Conditions of Use constitute a contract that is binding on you and AdClip Ireland, Ltd., the registered office of which is at Regus House, Harcourt Centre, Harcourt Road, Dublin 2, Ireland.

Acceptance of Conditions of Use

In order to use the Services, you will first have to accept the Conditions of Use. You will not be able to use Services if you do not accept Conditions of Use.

There are two ways of accepting the Conditions of Use:

a) by clicking to accept or agree to the Conditions of Use, if you are given this option by AdClip on the user interface for any Service;

b) by actually using the Services, in which case you understand and agree that AdClip will consider your use of the Services as an acceptance of the Conditions of Use from that moment onward.

You may not use the Services without accepting the Conditions of Use if you are not of legal age to enter into a binding contract with AdClip or if you are forbidden to receive the Services under Irish law or the country in which you reside or from which you use the Services or if you are prevented by AdClip itself as a result of misuse thereof.

Please print or save a copy of these Conditions of Use for future reference.

Provision of Services by AdClip

AdClip may have a control, group or contractual relationship with certain entities (“Partners”). Sometimes it may be these entities that provide the Services to you on behalf of AdClip and you hereby agree to this.

You agree that, as services are constantly being developing for your own benefit, both the form and nature of the Services provided by AdClip may change without your being given prior notice.

You also agree that AdClip is free to cease permanently or temporarily to provide all or part of any Service without your being given prior notice.

AdClip may deactivate access to your account in accordance with paragraph b) of the clause “Cessation of the relationship with AdClip”. Once your account has been deactivated, you may be prevented from accessing the Services, details of the account or any files or other contents associated with the account, and you hereby agree to this.

Nonetheless, AdClip will not deny you access to your personal details. The only functions that you will be able to use are those needed to close your account.

AdClip does not currently set any maximum limit on the number of transmissions that can be sent or received via its Services or on the storage space used for the provision of any service.

You agree, however, that AdClip may at any time set these maximum limits as it sees fit.

Supply of Personal Data

For access to the Services, you may ask to provide personal data (your name, etc), for the purpose of registering with the Service or for mere use thereof. You therefore accept the obligation to provide AdClip only with data that are correct, accurate and up to date. You should familiarize yourself with AdClip’s privacy policy, which explains the forms of protection of personal data on http://www.adclip.com/privacy and use the data in accordance with said privacy policy.

Proper Use

You undertake to use the Services only for the purposes allowed:

(a) by the Conditions of Use;

(b) by any legal or other provision applicable in the country in which you reside or in which you use the services.

You recognize that the only means by which you may access the Services, unless you have specific authorization in a separate contract with AdClip, is the Interface provided by AdClip.

You shall not engage in any activity that interrupts or interferes with the Services or servers or networks connected to the Services. You shall not reproduce, duplicate, copy, sell, market or resell the Services for any purpose unless you are specifically authorized to do so in a separate contract.

You recognize that you are solely liable for any breach of your obligations under the Conditions of Use and for the consequences of said breach, such as loss or injury to AdClip.

Confidentiality of password

You recognize that you are solely responsible for maintaining the confidentiality of the passwords associated with any account that you use to access the Services and you will therefore be fully liable for all activities in your account.

Should you detect any unauthorized use of the password of your account, you should notify AdClip immediately on http://www.adclip.com/support.

Contents

You recognize that responsibility for all information, to wit data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (hereinafter referred to as Contents) to which you may have access as part of the Services or through your use thereof lies exclusively with the person who originated this content and not with AdClip.

The Content that is made available to you as part of the Services, especially with regard to ads, may be protected by intellectual property rights held by the suppliers of these contents or by other persons on their behalf.

You may not therefore alter, rent, lease, lend, sell, distribute or create works based wholly or in part on this Content. AdClip reserves the right to preview, revise, signal, filter, alter, refuse or remove any and all Content of any Service, although it is not obliged to do so.

When using the Services, you may be exposed to Contents that you may consider offensive, indecent or injurious in some other way. You therefore recognize this possibility and the fact that the use of the Services will be on your own account and risk.

You recognize that you will be solely responsible for any Content that you create, transmit or present while using the Services and for the consequences of your actions on doing so, which may involve compensation for any loss or injury caused to AdClip.

Property rights

You recognize and agree that AdClip (or AdClip’s licensers) own all the legal rights, titles and interests related to the Services, including any intellectual property rights existing in the Services (whether these rights are registered or not in any part of the world where these rights may exist).

In addition, you recognize that the Services may contain information designated as confidential by AdClip and agree not to disclose it without AdClip’s prior consent in writing.

Unless you have written authorization from AdClip, none of the Conditions of Use otherwise entitle you to use any of the registered trademarks, brand names, service brands, logotypes, domain names or other characteristics of the AdClip brand.

If you have been expressly granted the right to use any of these brand characteristics under the previous paragraph, you agree that the use of these characteristics must comply with this authorization, any applicable provisions of the Conditions of Use and rules on the use of AdClip’s brand characteristics, as they are updated. These rules may be viewed on-line on http://www.adclip.com/permissions/guidelines.html (or another URL that AdClip may occasionally provide for this purpose). You undertake not to remove, conceal or alter any property rights notices (including notices of copyright and commercial brands) that may be made available or contained in the Services.

Unless you are expressly authorized in writing by AdClip to do so, you agree that, when using the Services, you will not use any brand, registered trademark or logotype of any company or organization in a way that is likely or intended to cause confusion as to the owner or authorized user of these brands, names or logotypes.

License to use AdClip Software

Adclip Software is understood to be a platform permitting the widespread dissemination of advertisers’ classifieds in blogs, websites and other internet presences belonging to different owners.

AdClip grants you a personal, non-exclusive non-transmissible license to use the software provided by AdClip as part of the Services provided on the terms defined by AdClip and on the terms of these Conditions of Use.

You may not copy, alter, create a derivative work, conduct reverse engineering or in any way attempt to extract the source code of the Adclip Software or any part composing it unless this is expressly permitted or provided for by law or you have been specifically authorized in writing to do so by AdClip.

Unless AdClip has granted you specific permission in writing to do so, you may not grant or transfer your rights to use the Software in any way.

Authorization for AdClip to use Contents

You shall maintain any copyright or other rights that you already hold with regard to the Content that you submit, publish or present in or through the Services.

On submitting, publishing or presenting content, you grant AdClip irrevocable, lifelong, non-exclusive international authorization, free of royalties or any other payments, to reproduce, adapt, alter, translate, publish, publicly use, publicly present and distribute said content. The purpose of this authorization is only to allow AdClip to present, distribute and promote the Services. You agree that this authorization includes AdClip’s right to make the Content available to any third parties with which it has agreements for the provision of services and for the use of this Content together with the supply of these services.

You understand and agree that AdClip, when taking the necessary steps to supply the Services to Users, may transmit or distribute your Content by different public networks using several media and made the necessary changes to the Content, as it becomes necessary to adapt it to the technical requirements of networks, devices, services or media.

You state and guarantee to AdClip that you have all the necessary rights, powers and authority to grant the above-mentioned authorization.

Unless otherwise agreed in writing with AdClip, you agree that you are responsible for protecting and applying all property rights related to the content submitted, published or presented and that AdClip has no obligation to do so on your behalf.

Payments

Some of the Services require payment of fees. Advertisers shall pay all applicable fees, as described on the Web site. AdClip reserves the right to change its price list and to institute new charges at any time, upon prior notice to Users, which may be sent by email or posted on the Site.

To perform the required payments, the Announcer must top up his account using a credit card.

Refund Policy

The information sent by the potencial buyers is of its own responsibility. In case of the customer has not provided a valid telephone number, doesn’t reply emails or is not interested in the business anymore, AdClip cannot be held responsible for these facts or has to refund any value.

If you consider that you’ve been victim of a fraud please send us an email to fraud@adclip.com within 15 days. All questions shall be analyzed individually and, whenever applicable, we shall refund the value.

Software updates

The Software that you use may occasionally automatically transfer and install AdClip updates. These updates are intended to perfect and develop the Services and may be presented in the form of correction of errors, improved functions, new software modules and completely new versions. You agree to receive these updates as part of the use of the Services.

Cessation of relationship with AdClip

The Conditions of Use shall remain in effect and apply until you or AdClip terminates them, as set forth below: a) If you wish to rescind your contract with AdClip, you may do so:

- by notifying AdClip at any time

- by closing the accounts for all the Services that you use, if AdClip makes this option available.

You shall advise AdClip of rescission on www.adclip.com/support.

b) On the other hand, AdClip may, without prejudice to any other rights referred to in the Conditions of Use, rescind the contract at any time if:

- you have breached any provision of the Conditions of Use (or have acted in such a way as to clearly show that you do not intend or are not able to act in accordance with the provisions of the Conditions of Use);

- if AdClip is required to do so by law (for example, if the provision of the Services is or becomes illegal);

- a partner with which AdClip offered the Services has ceased its relationship with AdClip or has ceased to offer the Services to you; - AdClip is approaching a situation in which it no longer provides the Services to users in the country in which you reside or from which you use the Services;

- the provision of the Services by AdClip is no longer commercially viable in AdClip’s opinion; - you are, in AdClip’s opinion and particularly in accordance with the published, updated assessment of users, misusing the services;

The termination of the Contract shall not prejudice the rights and obligations to which you and AdClip have been subject while it is in effect, even if they were the fruit of riders or amendments to the Conditions of Use or of other rights and obligations that must expressly remain in effect.

Absence of guarantees

The Services shall be provided with no guarantee concerning them on the part of AdClip and Partners.

In particular, AdClip, Partners and licensers do not represent or guarantee that:

(a) the use of the Services will meet your needs,

(b) the use of the Services will not be temporarily interrupted, secure or free of errors;

(c) any information obtained as a result of the use of the Services will be accurate or reliable;

(d) defects in the functioning or operability of any Software provided as part of the Services will be corrected.

Limitation of liability

AdClip and Partners shall not be liable to you, irrespective of whether they were aware of the facts, due to:

(a) any indirect or subsequent loss or injury incurred by you, be it loss of profit, business reputation or data;

(b) any loss or injury that you may incur as a result of:

(i) any trust on your part in the integrity, accuracy or existence of any advertisement or as a result of any relationship or transaction with any advertiser or sponsor whose advertising is presented in the Services;

(ii) any changes that AdClip may make to the Services or any permanent or temporary cessation of provision of the Services or any of their functions;

(iii) elimination, corruption or storage error of any Content or other communication data maintained or transmitted by or through the use of the Services;

(iv) failure to provide AdClip with correct information about the account;

(v) failure to keep your password or account details secure and confidential;

(c) any transaction between the Announcer and the Customer.

Advertising

AdClip may perform any type, form and mode of advertising for AdClip itself or Partners in the Services or in access to them and may alter it without any need to advise you in advance.

Third-party contents

Whenever services refer to third-party contents via links to websites or in any other way, you recognize that AdClip may not have any kind of control over said contents.

You also recognize that AdClip is not responsible for the availability of any websites or other third-party resources and does not endorse any advertising, products or other materials present or available from said websites or resources.

You also recognize that AdClip is not responsible for any loss or injury that you may suffer as a result of the (un)availability of said third-party websites or resources or as a result of any trust you may have in the integrity, accuracy or existence of any advertising, products or other materials present or available from said sites or resources.

Amendments to the Conditions of Use

Periodically, AdClip may make changes to any Conditions of Use. When these changes are made, AdClip will make a new copy of the Conditions of Use available on http://www.adclip.com/terms and will update any others by making them available in the Services affected by the changes or through them.

If you use the Services after the date of the changes to the Conditions of Use, you agree that AdClip will regard said use as acceptance of these changes.

General provisions

If you purchase goods supplied by another person or company during, as a result of or through the use of the services, you recognize that the purchase and use of said goods or services may be subject to any other Conditions of Use between you and the company or person in question. In this case, these Conditions of Use shall not affect your legal relationship with these companies or persons.

The Conditions of Use (these and all others made available in the services themselves) shall constitute the integral contract between you and AdClip and shall regulate the use of the Services (excluding any services that may be provided by AdClip under a separate written contract), totally replacing any previous contracts entered into between you and AdClip with regard to the Services. You agree that AdClip may send you notices, including notices concerning changes to the Conditions of Use, by e-mail and publish notices in the Services themselves.

You agree that, if AdClip does not exercise or apply any legal right or a right under the Conditions of Use or the law, this shall be considered a renunciation of this right, which shall remain available to you.

In the event of any of the provisions of the Conditions of Use being declared invalid by the court, said provision shall be removed from the Conditions of Use without affecting the remaining provisions of the Conditions of Use, which shall remain valid.

The Conditions of Use and all legal issues between you and AdClip shall be governed by the law of Ireland. You and AdClip agree to submit the settlement of any legal issues resulting from the Conditions of Use to the Irish courts. Without prejudice to the above, you agree that AdClip is authorized to apply injunctions (or an equivalent type of urgent legal measure) in any jurisdiction.

28th May 2010