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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 webmaster@promotioncity.co.uk
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