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1. |
These User Terms
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1.1. |
In accordance with the following user terms ('User Terms'),
Madabout Publishing Ltd ('Purple Ads') and the Purple Ads
Affiliates (defined in Clause 9.1 below) grant to you as an
authorised user ('you') of this Purple Ads web site ('Web
Site') certain rights (as set out below) and in return you
agree to perform certain obligations.
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1.2. |
Please read these User Terms carefully. They are a legal
document and, by your continued use of the Web Site, you agree
to be bound by these User Terms.
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1.3. |
These User Terms should be read in conjunction with Purple Ads's
Privacy
Policy. If you are advertising any goods and/or services
on our Web Site via the internet, you should read our
Advertising Terms.
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1.4. |
If you do not agree with these User Terms and do not wish to
be bound by them, please exit this Web Site and do not use the
Web Site in the future.
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2. |
Licence to Use Material on the Web Site
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2.1. |
Purple Ads grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all the material
on the Web Site (including but not limited to: software,
documentation, text, pictures, sounds, graphics, articles,
video or audio clips, and advertising material) ('Purple Ads
Material') on the basis set out in Clause 2.2.
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2.2. |
You are entitled to view, copy, print, access, download and
transmit (for the purposes expressly permitted in these User
Terms) and store the Purple Ads Material for your own personal,
non-commercial use provided that you do not:
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2.2.1. |
remove any notices relating to the ownership of copyright or
other intellectual property rights in the Purple Ads Material;
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2.2.2. |
modify, translate, reverse engineer, reproduce, decompile,
disassemble (except as expressly permitted by law) or create
derivative works of any of the Purple Ads Material;
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2.2.3. |
rent, lease, sub-licence, loan, copy or give or transfer any
rights in the Purple Ads Material in any form, to any person or
entity without the prior written consent of Purple Ads.
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2.3. |
Any product, process or technology referred to in the Purple
Ads
Material may be subject to other intellectual property rights
of Purple Ads and are not made available hereunder.
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3. |
Ownership of Intellectual Property Rights
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3.1. |
Notwithstanding the limited rights granted to you in
accordance with Clause 2, Purple Ads retains all ownership, title
and interest in the intellectual property rights contained in
the Purple Ads Material including but not limited to copyright,
database rights, trade marks, patents, service marks, design
rights (whether registered or otherwise) know-how, trade or
business names, domain names, goodwill associated with any of
the foregoing and other similar rights or obligations whether
registered or not in any jurisdiction in the world.
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3.2. |
Purple Ads and the Purple Ads logo are trademarks or registered
trademarks of Purple Ads. All other product names and company logos
mentioned in the information, documents or other items
provided or available herein may be the trademarks of their
respective owners.
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4. |
Duration of User Terms and Termination
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4.1. |
These User Terms are binding upon you immediately. You accept
them by your use of this Web Site, and they will remain in
force until the earlier of the following:
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4.1.1. |
you breach any of the terms of the licence granted to you in
accordance with Clause 2;
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4.1.2. |
Purple Ads terminates these User Terms by notice to you at any time
in accordance with Clause 9.2; or
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4.1.3. |
you terminate these User Terms by notice to Purple Ads at any time
in accordance with Clause 9.1.
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4.2. |
In the event that these User Terms are terminated for any of
the reasons stated above, you agree to comply with the
following obligations:
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4.2.1. |
the licence granted to you in accordance with Clause 2 shall
be terminated forthwith and you shall have no further rights
to use the Purple Ads Material;
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4.2.2. |
you must delete or destroy any of the Purple Ads Material stored by
you in electronic or hard copy form as soon as reasonably
practicable; and
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4.2.3. |
you will have no further rights to access or use the Web Site
or any of the services provided on the Web Site.
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5. |
Purple Ads's Responsibilities
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5.1. |
Purple Ads undertakes to use commercially reasonable endeavours to
prevent breaches of security of the Web Site.
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5.2. |
The Web Site is provided by Purple Ads on an "as is" and "as and
when available" basis to you. You use the Web Site at your own
risk.
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5.3. |
Purple Ads makes no representation or warranty that the Web Site or
services offered via the Web Site will be accessible, or
useable by you or error free. Purple Ads uses reasonable efforts to
include accurate and up-to-date information on the Web Site.
The information, documents or other items provided or
available on this Web Site could include technical
inaccuracies or typographical errors. Purple Ads makes no
warranties or representations as to its accuracy. Purple Ads
assumes no liability or responsibility for any errors or
omissions in the content on the Web Site.
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5.4. |
Purple Ads is not an agent for and does not represent those
persons, companies and other organisations whose goods or
services may be displayed or referred to on the Web Site.
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5.5. |
The advertisements placed on the Web Site by you or any other
third party do not constitute any part of an offer or
contract. Purple Ads makes no warranty or representation that the
items advertised for sale via the Web Site are offered:
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(i) |
free of encumbrance, charge or any other unexpired right in
the item; or
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(ii) |
that such advertising is a statement or representation of
fact.
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You should carry out any checks or searches that may reveal
faults in the title or suitability of the item for your own
purposes and receive independent advice before you purchase
such item.
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5.6. |
Purple Ads reserves the right, without notice to you, to remove any
Purple Ads Material from the Web Site or to suspend or alter the
operation of the Web Site or any of the services on the Web
Site, at its sole discretion or for legal or technical
reasons. Purple Ads will give you as much notice as possible prior
to taking any of the actions described in this Clause, but
prior notice may not always be feasible for a variety of
reasons. Purple Ads may make improvements and/or changes to the
information or documents provided or available on this Web
Site at any time.
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5.7. |
Purple Ads may make available to you information based on the
opinion of Purple Ads or on the opinion of an affiliate of
Purple Ads.
You should not rely upon any such opinion as a recommendation
by Purple Ads of the goods or services available of the Web Site.
Professional advice should be sought before purchasing any
item on the Web Site or before entering into any legally
binding agreement.
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6. |
Your Responsibilities
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6.1. |
You agree that you are responsible for the security and use of
any user names or passwords needed to access or use the Web
Site or any of the services on the Web Site. You must take all
reasonable steps to ensure that these user names and passwords
are kept confidential and secure and you do not allow any
unauthorised person to access the Web Site or any of the
services on the Web Site using your user name or password.
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6.2. |
You agree that you will not use the Web Site or any of the
services on the Web Site as follows:
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6.2.1. |
to
send, receive, upload, download, store, use, distribute or
publish any material that is offensive, abusive, indecent,
defamatory, obscene, or in breach of any other person's
Intellectual Property Rights or breaches any obligation of
confidentiality by which you are bound;
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6.2.2. |
to
send or distribute multiple unsolicited emails or messages
(i.e. 'spam') or to cause any other person annoyance,
inconvenience or worry;
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6.2.3. |
for any purposes connected to any business, including sending
any unsolicited advertisements or promotional material.
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6.3. |
You agree to indemnify Purple Ads against any claims, costs,
expenses or legal proceedings caused as a result of your use
of the Web Site or the services on the Web Site in
contravention of Clauses 6.1 and 6.2. Further, in these
circumstances, Purple Ads shall be entitled to treat the
contravention as a material breach of these User Terms and
terminate the User Terms and any access permission granted to
you by Purple Ads forthwith, without notice to you.
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7. |
Disclaimers
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7.1. |
Information about Purple Ads and any Purple Ads Affiliates that is
posted on this Web Site has been extracted from publicly
available data about Purple Ads and the relevant Purple Ads Affiliates,
as applicable. Such information contains a true and accurate
picture of Purple Ads's activities as of the date when it was
published. While every effort has been made to ensure the
accuracy of all information contained on this Web Site and to
update it regularly, Purple Ads disclaims any duty or obligation to
update the information herein and any liability for any
inaccuracies. You should check to see if more recent
information is available.
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7.2. |
Purple Ads has used its discretion, best judgement and all
reasonable efforts in collecting and preparing the
information, documents (including copy, graphics, pictures,
etc.) or other items provided or available on this Web Site,
but any such information, document or other item is provided
or available without any warranty of any kind, either
expressed or implied, including, but not limited to,
warranties of completeness, accuracy, fitness for a particular
purpose, or non-infringement of any intellectual property
rights. Purple Ads hereby disclaims any liability to any person for
any kind of loss or damage including, but not limited to, any
special, incidental, indirect or consequential damages caused
by errors or omissions in the information, documents or other
items provided or available herein, whether such errors or
omissions result from negligence, accident or any other cause.
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7.3. |
Your use and browsing of the Web Site is at your risk. Neither
Purple Ads nor any other party involved in creating, producing, or
delivering the Web Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of
your access to, or use of, the Web Site.
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7.4. |
Whilst Purple Ads has used all reasonable efforts in maintaining
this Web Site virus free, it declines any liability for
personal or property damage, especially direct, indirect,
immediate or subsequent pecuniary loss, which may result from
transmission or downloading of computer viruses. Especially
excluded is liability for hardware damage, loss of data,
alteration of data, or downtime.
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7.5. |
This Web Site may contain links or references to third party
materials and web sites that are controlled and operated by
parties other than Purple Ads. The links will let you leave the Web
Site and Purple Ads is not responsible for any contents of third
party materials, any linked site or any link contained in a
linked site. The inclusion of any reference or link on the Web
Site does not imply endorsement, publication, permission or
authorisation by Purple Ads of the linked site. If you decide to
access linked third party web sites or materials, you do so
entirely at your own risk. Purple Ads is providing these links and
references only as a convenience. You should read the
applicable user terms and privacy policy of the linked third
party web site before entering into an agreement with or
purchasing from the third party, linked to the Web Site.
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7.6. |
Purple Ads is not and will not be a party to, or responsible for,
any transaction concerning items advertised for sale on the
Web Site. All agreements are entered into by you and the third
party advertiser and/or third party providing the goods and/or
services only.
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7.7. |
The express terms of these User Terms are in lieu of all
warranties, conditions, undertakings, terms, and obligations
implied by statute, common law, usage, course of dealing or
otherwise, all of which are excluded to the fullest extent
permitted by law.
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8. |
Notices
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8.1. |
You may send a legal notice to Purple Ads, or any questions you may
have concerning these User Terms by e-mail to
customerservices@purpleads.com. Such notices will be
effective within 3 days of receipt by Purple Ads.
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8.2. |
Purple Ads may send you notice by general notice on this Web Site,
by email to your email address on record with Purple Ads, or by
post to the geographical address on record with Purple Ads. Such
notice will be effective if sent by email or posted on the Web
Site, 1 day from the date it was sent or posted on the Web
Site. If sent by regular post, it will be effective 3 days
after posting by Purple Ads.
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9. |
General
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9.1. |
In this privacy policy, "Purple Ads Affiliates" shall mean any
subsidiary or holding company of Purple Ads, or any subsidiary of
Madabout Publishing Ltd, the holding company of Purple Ads, all as
defined by Section 736 of the Companies Act 1985, as amended
by the Companies Act 1989.
"Purple Ads Affiliate" shall mean one of the Purple
Ads Affiliates, as
applicable.
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9.2. |
Purple Ads reserves the right to add to or change the terms of
these User Terms in its sole discretion without your prior
consent. All changes to the User Terms will be effective once
posted on the Web Site. Purple Ads will provide notice on the Web
Site of any changes to the User Terms for 30 days after Purple
Ads
has posted the amended User Terms on the Web Site. Your
continued use of the Web Site or any of Purple Ads's services
available on the Web Site following Purple Ads's posting of such
changes will be regarded by Purple Ads as acceptance of the amended
User Terms. If you do not agree to be bound by the amended
User Terms you should exit the Web Site and not access or use
any of Purple Ads's services on the Web Site in the future.
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9.3. |
No variation or amendment to these User Terms by you is valid
unless otherwise agreed by Purple Ads in writing and signed by a
duly authorised representative of Purple Ads and you.
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9.4. |
If any part of these User Terms are held by a court of
competent jurisdiction to be unenforceable, the validity of
the remainder of these User Terms will not be affected.
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9.5. |
Your use of the internet is solely at your risk and subject to
all applicable laws, and Purple Ads has no responsibility for any
information, software, services or other materials accessed or
obtained by you using the internet. Purple Ads does not assume any
liability for timely, trouble-free and uninterrupted access to
the internet.
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9.6. |
These User Terms do not affect any consumer rights that you
may have under the provisions of any applicable law or
regulation.
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9.7. |
These User Terms shall be governed by the laws of England, and
subject to the non-exclusive jurisdiction of the English
Courts Purple Ads makes no representation that any information,
materials or functions included are appropriate for use in any
other jurisdiction. If you access the Web Site you do so on
your own initiative and are responsible for compliance with
applicable local laws and regulations. |
