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Terms of Conditions
AGREEMENT
The following are terms of an agreement between you and AdsDaily Ltd. and apply to the use of this AdsDaily Ltd. site. By accessing, browsing and/or using the site, you acknowledge that you have read, understood, and agree to abide by the Terms in effect and to comply with all applicable laws and regulations.
TERMS AND CONDITIONS
Please read the following conditions of use carefully before using this AdsDaily Ltd. website. Any failure on your part to comply with these conditions of use may lead to the cancellation of your account and the related privileges.
OPERATION OF THE SITE
The website is intended as a venue where users can advertise and/or locate advertise goods, services or vacancies. If you enter into any transaction having located the other party on our website, this is a transaction that you enter into directly with the other party (and independent of us) entirely in reliance on your own judgment and inquiries. Any statements, warranties or representations made to you or to any other person by the other contracting party are not made by or on behalf of us.
DEALING WITH THIRD PARTIES
AdsDaily Ltd. is not involved in transactions between users and as a result, AdsDaily Ltd. has no control over the quality or legality of the content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase.
Any correspondence or business dealings with any third parties including merchants, sellers, or advertisers found on, or through, the site is solely between you and such parties. AdsDaily Ltd. is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not AdsDaily Ltd., are responsible for compliance with all laws applicable in any such transaction. You hereby release AdsDaily Ltd. from any responsibility or liability regarding any dispute between the parties.
ELIGIBILITY
Your use and access to this site is conditional upon your acceptance without alteration of the Agreement. Our services are only available to individuals who can form legally binding contracts under applicable law. By using this site you warrant that you are at least eighteen (18) years of age. Your account and user credentials may not be transferred or sold to another party.
REGISTRATION
To place a listing or to advertise goods, services or vacancies on the website you must be a Registered User. In becoming a Registered User you must provide us with certain required information and agree to these Terms. You confirm that this information is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so. We may use the information provided by you on registration to verify the accuracy of that information (including using the information to contact you).
By becoming a registered user you acknowledge that if it is later found that you have misrepresented ownership or self-identity AdsDaily Ltd. retains the right to forward all information to the Financial Crimes Unit and/or other sections of the Royal Cayman Islands Police Service (RCIPS) at our discretion. AdsDaily Ltd. has the right to refuse any and all current or future use of AdsDaily Ltd. sites (or any portion thereof) by you.
PROMOTIONS AND ANTI-SPAN POLICY
AdsDaily Ltd. will not sell or rent your personal information to third parties. AdsDaily Ltd. will not use or share your personal information in a manner that differs from what is described in this Agreement without your prior consent nor send you promotional messages regarding third party services not directly related to AdsDaily Ltd. Unless you have opted not to receive e-mail notifications, either at the time of registration or by otherwise updating your registered account, AdsDaily Ltd. may send regular electronic newsletters to all registered members. Newsletters will contain clear instructions on how you can unsubscribe from the AdsDaily Ltd. mailing list.
PASSWORD AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the site. Accordingly, you agree that you will be solely responsible to AdsDaily Ltd. for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify AdsDaily Ltd. immediately at sales@adsdaily.com
PASSPORT
Upon successfully completing the registration process, you will be able to sign in to all affiliated AdsDaily Ltd. websites. After you register and create credentials, you can sign in to sites that display the AdsDaily Passport symbol using the e-mail address and password submitted at the time of registration (registration on any affiliated AdsDaily website).
AdsDaily Ltd. uses your personal information for the operation and maintenance of its services. For example, AdsDaily Ltd uses your e-mail address to send you a welcome e-mail message when you first register informing you about the service. You will receive a separate e-mail to which you must respond in order to confirm that you are the owner of the e-mail address associated with those credentials. This process is designed to verify the validity of the e-mail address and to help prevent e-mail addresses from being used without permission by the owners in the creation of the account on the AdsDaily Ltd. network.
AdsDaily Ltd. may also send you e-mail about periodic service or recommended security updates. These periodic e-mails are considered essential to the provision of the service, and you cannot unsubscribe from these mailings.
MEMBER CONDUCT
As a condition of your use of the AdsDaily Ltd. website you warrant to AdsDaily Ltd. that you will not use the AdsDaily Ltd. web site for any unlawful purpose. You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service. You will not post or transmit any ads, messages, data, information, pictures, graphics and other material (content) on the Website that:
a. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
b. infringes the intellectual property rights of any person;
c. you know or suspect to be false or misleading;
d. otherwise breaches the Terms.
You will not do any of the following (either directly or indirectly) while using the website:
a. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b. impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;
c. disrupt an exchange of information between users or otherwise act in a manner that negatively affects other users;
d. transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorized by AdsDaily Ltd.;
e. engage in any other conduct that we may advise that we consider (at our sole discretion) breaches the Terms or is otherwise inappropriate for the Website.
SERVICE
AdsDaily Ltd. reserves the right to modify, suspend, and restrict the use of account features at any time, either during the normal course of system management, or if it has reason to believe that such features are being abused or used for malicious purposes. Furthermore, AdsDaily Ltd. reserves the right to suspend and/or terminate service without warning and without refund in the event of serious and/or repeated violation of these terms. You understand that when using the Website, you may be exposed to user submissions from a variety of sources, and that AdsDaily Ltd. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
COMMERCIAL BUSINESSES
AdsDaily Ltd. holds the rights in its absolute discretion to delete any listings or ads that are placed by commercial enterprises that are not official partners of AdsDaily Ltd. or may directly or indirectly be viewed by AdsDaily Ltd. to offer an unfair advantage over an official commercial partner of the AdsDaily Ltd. AdsDaily Ltd. reserves the right to remove these listings without advance notice.
LINKS
This site may contain links to websites owned, sponsored or maintained by third parties. These links are provided only as a convenience to you. The inclusion of any link on this site to a third party website is not and does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification or authorization by the AdsDaily Ltd. of such third party website or the information or materials on such third party website. AdsDaily Ltd. makes no representations, warranties or guarantees with respect to, and is not responsible for, any third party website or the information and materials on such third party website or your use of or inability to use such third party website. You should also be aware that the terms and conditions of use for any third party website and such website's privacy policies may be different from those applicable to your use of this Website.
RIGHTS GRANTED TO ADSDAILY LTD.
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the AdsDaily Ltd.’s website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant AdsDaily Ltd. the licenses set forth below. You hereby grant AdsDaily Ltd. and its affiliated companies permission to:
1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
3. Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. AdsDaily Ltd. is under no obligation to post or use any materials you may provide, and may remove such materials at any time at their sole discretion.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE ADSDAILY LTD. SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ADSDAILY LTD. EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ADSDAILY LTD. SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ADSDAILY LTD. ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ADSDAILY LTD. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ADSDAILY LTD. SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE ADSDAILY LTD. SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT ADSDAILY LTD. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED US DOLLARS (US $100).
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the AdsDaily Ltd. sites are proprietary to AdsDaily Ltd., and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. AdsDaily Ltd. reserves any rights not expressly granted herein.
GOVERNING LAW
The laws of The Cayman Islands shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of The Cayman Islands.
FORCE MAJEURE
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond AdsDaily Limited's control.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AdsDaily Ltd. from any liability, loss, claim and expense (including but not limited to attorneys' reasonable fees) related to your violation of this Agreement or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with AdsDaily Ltd.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
ASSIGNMENT
In the event of a merger or consolidation of HOLISTIC HORSE the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof.
MODIFICATION OF THE AGREEMENT
AdsDaily Ltd. maintains the right to modify these Terms and Conditions of Use and may do so by posting such modifications on this page. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of the site following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current Terms and Conditions of Use.
