Gozo-malta.eu Ads Self-Service Advertising Agreement
PLEASE SCROLL DOWN AND READ THE CLASSIFIED SELF-SERVICE AGREEMENT BELOW.
This Agreement governs your use of Classified Self-Service (the "Service"), which is a service made available by J. Debrincat Limited, (“gozo-malta.eu” or “we”),publisher of The site www.gozo-malta.eu , and which allows you to create and upload ads to various of GOZO-MALTA.EU ’ online and print media properties identified on this website (the “Publications”).
If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DISAGREE." If you click "I DISAGREE," you will not be able to create an account for the Service or use the Service.
If you are accepting this Agreement on behalf of your employer, or you are an agency accepting this on behalf of your client, you represent and warrant that (i) you have full legal authority to bind your employer or client to these terms and conditions, (ii) you have read and understand this Agreement, and (iii) you agree, on behalf of the party that you represent, to the terms and conditions of this Agreement. If you don't have the legal authority to bind, please do not click "I Accept ".
1. Self Service Order Process.
1.1 The Service enables you to create a classified ad (an “Ad”) using text, photos and other materials you provide for publication in one or more of the Publications you designate. As part of the process of creating the Ad through the Service, we may provide tips or advice that might improve the effectiveness of your Ad. However, we do not guarantee any sales or particular outcomes will result from following our tips or advice. If you are uploading camera ready photos after you place an order and do not complete the Ad within the timeframe required by us, then you are still responsible for the Ad purchased.
1.2 Rates and Ad Packages. All rates displayed through the Service are subject to change without notice, unless you have a separate agreement with us to the contrary. Ad packages made available through the Services are also subject to change without notice.
1.3 Ad Previews. We enable you to see previews of your Ad on the Service. All previews are examples only and serve as visual references. They may not be an accurate representation of how your Ad will run or appear in the Publications. For example, your computer resolution may misrepresent the true size of your Ad or Ad order. In addition, all “print” Ads purchased through Service are published in black and white. Even if the Service displays any images or text in full color as part of the purchase process, you are not paying for, and your Ad will not be published, in full color.
2. Classified Ad Policies and Specifications.
2.1 Review of Ads. All Ads are subject to our approval and will be placed in a queue for review by our production staff to ensure the Ad complies with our classified ad policies and specifications. Certain types of Ads might require referencing to verify information contained in the Ad (e.g., capital wanted, investments, certain claims). If we conclude that your Ad requires referencing then you will need to complete our approval process and provide all required forms before we will publish the Ad.
2.2 Right to Reject or Cancel Ad. We reserve the right to reject, cancel or cease publication of an Ad for any reason, including without limitation, if it fails to comply with such policies and specifications. Our sole liability for such rejection, cancellation or cessation of publication will be republish the Ad if the reasons for our rejection, cancellation or cessation can be remedied or to issue you a refund pursuant to Section 4 below. We will attempt to notify you by phone or email if we reject the Ad and will provide the reason for the rejection. In some cases, you will be given the opportunity to make adjustments to the Ad to comply with our policies. If you refuse to make the adjustment, we will issue you a refund and will not publish the Ad. We will have no liability for a refund if you do not complete the required steps for referencing or rejection. If you are uncertain about whether an Ad would comply with our ad policies or specifications, please call contact customer service at +356 99496807.
3. Cancellation of Order. You may cancel an order placed through the Service by calling the Customer Service number displayed on the Service; provided that you will remain financially responsible for an Ad delivered and scheduled to be published up to and through the time of your notice.
4. Republication of Ads and Refunds. If we fail to publish an Ad during the time period you requested, or if an Ad contains a material error, then we will republish the Ad on the next available date. In some cases, we may issue you a refund instead of providing republication. We will be required to republish an Ad or issue you a refund if we failed to publish an Ad because of delays caused by you or because of incorrect or incompatible materials within the Ad or failure to follow our applicable policies. This section sets forth the sole and exclusive remedy for any failure by us to fulfill its obligations under this Agreement.
5. Your Account and Privacy.
5.2 Account Security. You are solely responsible for maintaining the confidentiality and security of your password for the Service. If you provide someone else with access to your password to the Service, they will have the ability to view information about your account and upload Ads and incur expense on your behalf. Similarly, if you tell someone the answer to your security question for the Service, they will be able to request information about your account and make changes through Customer Service.
5.3 Duty to Notify Us if Account Information Changes. You are responsible for maintaining the accuracy of your account data. You will be responsible for any charges incurred on your account, unless you inform us of a problem. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
5.4 Restrictions on Account. You may only use an account for the purpose we authorize. So, if you are an individual using this on behalf of yourself, you may only upload Orders for you own or family’s personal benefit. If you are acting on behalf of your employer, you may only upload Ads on behalf of your employer. If you are ad agency you may only upload ads for your client. You agree not to use the Service for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of
this Agreement or our stated policies.
If you are advertiser placing an Ad for the benefit of its client, then you are responsible for all payments hereunder regardless of whether you have received payment from your client, however Gozo-malta.eu reserves the right to hold you and your client jointly and severally liable for all payments.
5.5 Account Setup. New advertisers who have never advertised with WSJ before can setup their account completely through the Service. Existing advertisers (including agencies) and new agencies are required to activate their account via the request form or by contacting Customer Service. They cannot setup their account through the Service.
6. Changes to Service and Agreement. Content and functionality available on the Service is subject to change without notice. Furthermore, we may discontinue or change the Service, or their availability to you, at any time, and our sole and exclusive liability to you shall be to refund you for any amounts paid in advance for an unpublished Ad or at our option, to provide a Make-good. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the Help section of the Service. You signify that you agree to be bound by such changes by using the Service after changes are made to this Agreement.
7. Payments; Taxes.
7.1 Payment Options. We provide various account and payment options for use of the Service depending on whether you have been approved for credit. If you have not been approved for credit, you are required to prepay for an Ad and will only see this payment option in the Service. If you see other payment options, then your account has been approved for credit. We do not accept cash or checks for payment.
7.2 Invoices. You must apply for credit or agency status by calling Customer Service. You cannot apply online for credit or agency status via the Service. If we extend you credit, you will be invoiced at the end of each month for Ads published during such month under this Agreement and payment shall be made to Gozo-malta.eu within fifteen (15) days from the date of invoice. If you fail to make timely payment, you will be responsible for all reasonable expenses (including reasonable attorneys’ fees and court costs) incurred by us in collecting such amounts along with interest at the then current prime rate on such unpaid payment. We reserve the right to suspend credit and/or performance of its obligations if you fail to make timely payment.
7.3 Taxes. Rates for publishing Ads are exclusive of all taxes. You are responsible for payment of all taxes, duties and similar charges assessed in connection with the Service or on any payments you make for an Ad, excluding taxes on GOZO-MALTA.EU ’ net income.
8. Intellectual Property; Representations and Warranties; Indemnity.
8.1 Intellectual Property. You are solely responsible for obtaining all necessary rights to use any copyrighted material such as photos or trademarks such as trademarked phrases or names in the Ad.
8.2 Representations and Warranties. You hereby represent and warrant to Gozo-malta.eu that you have the right (and therefore Gozo-malta.eu will have the right) to publish the Ad in the form delivered, and manner published, without infringing or violating the rights of any third party or violation of any law, rule or regulation, without limitation, in all such cases claims of trademark or copyright infringement, libel, defamation, breach of confidentiality, privacy or data protection violation, false, deceptive or misleading advertising or sales practices.
8.3 Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless GOZO-MALTA.EU , its parent, subsidiaries, affiliates and their respective employees, officers, directors, representatives, and agents, against any and all claims, demands, suits, actions, proceedings, damages, liabilities, costs, expenses and losses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to (a) the publication of any Ad uploaded through the Service, and (b) the Ad or any matter or thing contained in any advertisement.
9. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GOZO-MALTA.EU DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GOZO-MALTA.EU ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. LIMITATION ON LIABILITY. GOZO-MALTA.EU AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ("THE GOZO-MALTA.EU PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE GOZO-MALTA.EU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE GOZO-MALTA.EU PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
GOZO-MALTA.EU WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH GOZO-MALTA.EU DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
GOZO-MALTA.EU ’ SOLE LIABILITY WITH RESPECT TO THE SERVICE SHALL BE TO REPUBLISH AN AD OR ISSUE YOU A REFUND PURSUANT TO SECTION 4 HEREOF.
11. General. This Agreement contains the final and entire agreement between us regarding your use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Malta applicable to contracts made entirely within Malta and wholly performed in Malta, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate court located in Malta. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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Gozo-malta.eu Ads Self-Service Advertising Agreement