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Agreement between Promotion City and Members
1.
INTRODUCTION
The following TERMS OF SERVICE AGREEMENT (the "TOS Agreement", “Terms
& Conditions” or "Agreement") details the terms and conditions
for Advertising and Promoting (the “Services”) provided by Promotion City and
the Promotion City Website (collectively referred to hereafter as
"Promotion City", "This Website", “Website”, "we"
or “our”). This document constitutes a binding agreement between Promotion City and the Promotion City Member
("Member", “Members”, “Surfer” or "you"). The TOS Agreement
must be accepted prior to the provision of the Services you order through
submission of the registration form (the "Registration"). By becoming
a Member and joining the Services, you agree to be bound by the terms and
conditions set forth below without modification.
2. FEES AND PAYMENT
You shall pay the fees and other charges for any Service as provided in the
Promoters Registration and this Agreement. All fees are due immediately and are
non-refundable. Promotion
City reserves the right
to change rates by notifying Members by email thirty (30) days prior to the
effective date of the change. You shall make all payments in U.K. currency.
Any payments by credit card will be billed in advance for any and all monthly
fees. Promotion City reserves the right to suspend or
terminate your Member Account if credit card charges are denied. Such
suspension or termination shall not relieve you of the obligation to pay the
fees due. You agree to pay Promotion
City its reasonable
expenses, including attorney's and collection agency fees, incurred in
enforcing its rights under this Agreement
3. TOS AMENDMENTS/MODIFICATIONS
Promotion City reserves the right to amend the Service offerings and add, delete,
suspend or modify the terms and conditions of the Services set forth in this
Agreement, at any time, and to determine whether and when, at its sole
discretion, any such changes apply to both existing or future Members.
4. CONTENT
4.1 Promotion City services shall only be used for lawful purposes.
Transmission or solicitation of any material that violates United Kingdom
Government Law, or other laws that may apply in this jurisdiction or your local
area is prohibited.
4.2 Promotion City pages cannot contain, or provide links to, materials
that Promotion City, in its sole discretion, may consider illegal or offensive,
including, but not limited to:
4.2.1 Copyrighted material not belonging to you for example, music,
images, software or video unless you have the prior consent of the copyright
owner;
4.2.2 Trademarked material not belonging to you for example, word marks,
design marks or a combination thereof without prior consent of the trademark
owner
4.2.3 Adult material - pornography, nudity, sex or any other material
that would commonly be considered "indecent" or "appealing to
the prurient interest;"
4.2.4 Gambling
4.2.5 Foul language
4.2.6 Hate-group propaganda
4.2.7 Mpeg layer two or three ("MP2 or MP3") files
4.2.8 Insults to other persons or companies, including but not limited
to: material that is obscene, threatening, harassing, libellous or in any way a
violation of intellectual property laws.
5. SECURITY
5.1 It is illegal to attempt to compromise the security on Promotion
City by any means, including, but not limited to:
5.1.1 Attempting to gain access to restricted information in the
Promotion City databases
5.1.2 Attempting to disable, cripple or modify Promotion City or any
services running with the Promotion City website
5.1.3 Attempting to access information from other Promotion City Member
Accounts.
5.1.4 Promotion City reserves the right to prosecute any individual
attempting to compromise the security of the Promotion City
website to the fullest extent allowable by federal, state or local law.
6. DISCLAIMER OF WARRANTIES
6.1 Members understand that the Internet and other various networking
communication mediums are not secure, unless explicitly specified as such, and
may be subject to interception or loss. Promotion
City makes no warranties of any kind,
either express, implied or statutory, concerning the data or information
available through the Promotion
City website. Promotion
City SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Promotion City MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION
6.1.1 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
6.1.2 THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR
6.1.3 ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF
TRADE
6.1.4 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER
OR NOT ARISING FROM THE NEGLIGENCE OF Promotion City
6.2 TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Promotion City
DISCLAIMS ANY AND ALL SUCH WARRANTIES
7. LIMITATION OF LIABILITIES
7.1 IN NO EVENT SHALL Promotion City BE LIABLE FOR DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TOS AGREEMENT,
Promotion City’s liability to the Member for actual damages for any cause
whatsoever, regardless of the form of the action, will be strictly limited to a
maximum of the Fees paid, if any, for the services which gave rise to the cause
of action during the twelve (12) month period prior to the date the cause of
action arose.
7.2 Promotion City, IT’S OFFICERS, DIRECTORS, OWNERS, AGENTS AND
EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY
RESULTING FROM THE USE OF THE WEBSITE, CAUSED IN WHOLE OR IN PART BY ITS
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE SERVICES. Promotion
City, IT’S OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.
8. PRIVACY
8.1 Promotion City is committed to protecting your privacy. Click here
for our general Privacy Policy,
which is hereby incorporated into this TOS Agreement by reference. Promotion City reserves the right to modify the Privacy Policy at any time.
Member should frequently check the Privacy Policy for any
changes.
8.2 Promotion City maintains information about Members, including
but not limited to Member's account registration information, Member agrees
that Promotion City may use Member Information in
aggregate form (i.e. Member Information not attributable to the Member) for
marketing and promotional purposes.
8.3 Member agrees that Promotion City may disclose Member Information in
the good faith belief that such action is reasonably necessary: (a) to comply
with the law; (b) to comply with legal process; (c) to enforce the TOS
Agreement; (d) to respond to claims that the Member is engaged in activities
that violate the rights of third parties; or (e) to protect rights or interests
of Promotion City, or others; provided, however that nothing in this section
shall impose a duty on Promotion City to make such disclosures.
8.4 Member shall maintain a password to access and use Our services.
Member is entirely responsible for any and all activities that occur under
Member's account and password. Member agrees to keep its password confidential,
to allow no other person or company to use its account, and to notify Promotion City promptly if Member has any reason
to believe that the security of its account has been compromised.
9. MISCELLANEOUS
9.1 You may view or print pages from this site solely for personal,
non-commercial purposes. You may not otherwise use, modify, copy, print,
display, reproduce, distribute or publish any information from this site
without the express permission of Promotion
City. At any time Promotion City may without notice make changes to
this site or to the services or products described in this site.
9.2 Information on this web site may contain technical inaccuracies or
typographical errors. Information may be changed or updated without notice. Promotion City may also make improvements and/or
changes in the products and/or the programs described in this information at
any time without notice.
If you find any
inaccuracies on this site please report them to us via email to
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