THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ADVERYDAY. THE STATED TERMS GOVERN YOUR USE OF THE ADVERYDAY SERVICES, WEBSITES, PRODUCTS, AND SOFTWARE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF ADVERYDAY'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE AGREEMENT BETWEEN YOU AND ADVERYDAY.1. Accepting the Terms
a) Upon signing up with Adveryday, you are required to tick the checkbox "I agree with the Terms" to proceed with the registration process. By ticking the checkbox, you acknowledge that you agree with the terms.
b) If you do not agree to these terms, do not tick the checkbox, and do not use the service. You must accept and abide by these terms to use any Adveryday Services. It is important that you take time to read and understand the terms carefully.2. Language of the Terms
a) Currently Adveryday only provides you with the English version of the Terms, and you agree that the English version of the Terms will govern your relationship with Adveryday. If you do not understand the terms in any languages, you should not accepting the Terms.
b) If there is any contradiction between what the English version of the Terms says and what a translated version says, the English language version shall take precedence.3. Services provided by Adveryday
a) Adveryday is the provider of Adveryday Services.
b) Adveryday is constantly innovating in order to improve the Services provided to it's users. You acknowledge and agree that the design and structure of the Services which Adveryday provides may change from time to time with or without prior notice to you.
c) You acknowledge and agree that Adveryday may stop permanently or temporarily providing it's Services to you with or without prior notice to you. You may stop using the Services at any time. You do not need to inform Adveryday when you stop using the Services. You can also choose to contact Adveryday regarding the deletion of your account.
d) You acknowledge and agree that Adveryday may set an upper limit on the quantity of data you may create through the Services or on the life time of the data displayed, such upper limits may be set by Adveryday at any time, at Adveryday's discretion.
e) You acknowledge and agree that Adveryday may send email or message on behalf of you when you use certain Services or functionalities provided by Adveryday. Adveryday assures you that such email or message content are originated from your data. You acknowlegde and agree that Adveryday may change the form or presentation (but not content) of the data through Adveryday automated scripts.4. Use of the Services by You
a) In order to use Adveryday Services, you are required to provide some of your personal information in the registration process, such as email. You agree that any registration information you give to Adveryday will always be accurate and correct.
b) You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices. You agree to use the service at your sole risk and that Adveryday shall have no liability to you for content that may be found to be illegal, offensive, indecent, or objectionable.
c) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Adveryday. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
d) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
e) You agree not to post or involve in following types of ads:
- Scam, Phishing or Spam ads.
- Ads that involve illegal activities (eg. sexual service, violence, loan, etc).
- Affiliate programs, online income (with links or forms), online network marketing ads.
- Ads with insufficient, mislead, or unclear content/information.
- Same/similar content of ads within the same category, account, IP address or organization. Same/similar ads can be defined by text or image. Posting the same ad as a new ad before the existing one expired is also prohibited.
This is to maintain the quality and integrity of the web services to the readers. Violated ads will be unpublished or removed. User Ad Quality may also be reduced.
f) You agree to read and acknowledge the Terms of Purchase
before proceed to any payment for additional services (Paid services) in Adveryday.
g) Unless you have been specifically permitted to do so in a separate agreement with Adveryday, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.5. System Requirements
a) Use of the Service requires one or more compatible devices, Internet access, and certain software. Because use of the service involves hardware, software, and Internet access, your ability to use the service may be affected by the performance of these factors. High speed Internet access is strongly recommended.
b) You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.6. Your Account and Security
a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any of your account you use to access the Services. You should not reveal your account information to anyone else or use anyone else's account.
b) You agree that you will be solely responsible to Adveryday for all activities that occur on or through your account.
c) You agree to immediately notify Adveryday of any unauthorized use of your password or of your account or any breach or security. Adveryday shall not be responsible for any losses arising out of the unauthorized use of your account. 7. Privacy and Your Personal Information
. This policy explains how Adveryday treats your personal information, and protects your privacy, when you use the Services.
b) You agree to the use of your data in accordance with Adveryday's privacy policies.8. Content in the Services
a) Most of the content in Adveryday Services are created by users. These content include text, url, images, etc.
b) Adveryday reserves the right (but shall have no obligation) to review, filter, modify, or remove any content/data from any service if they are found inappropriate or misplaced.
c) You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable. You agree to use the Services at your own risk.
d) You agree that you are solely responsible for (and that Adveryday has no responsibility to you or to any third party for) any content that you submit, post, create, upload, transmit, share, or display while using the Services and for the consequences of your actions (including any loss or damage which Adveryday may suffer) by doing so.9. Proprietary Rights
a) You acknowledge and agree that Adveryday own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You also acknowledge that the Services may contain information which is designated confidential by Adveryday and that you shall not disclose such information without Adveryday's prior written consent.
b) Unless you have agreed otherwise in writing with Adveryday, nothing in the Terms gives you a right to use any of Adveryday's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
c) Adveryday acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any content that you submit, create, upload, transmit, share, display on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Adveryday, you agree that you are responsible for protecting and enforcing those rights and that Adveryday has no obligation to do so on your behalf.
d) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.10. License from Adveryday
a) Adveryday gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Adveryday as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Adveryday, in the manner permitted by the Terms.
b) You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law.
c) Unless Adveryday has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.11. Content Licence from You
a) You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content to or on Adveryday Services, you give Adveryday a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of these content. This licence is for the sole purpose of enabling Adveryday to display, distribute and promote the Services.
b) You understand that Adveryday, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Adveryday to take these actions.12. Software Updates
a) Adveryday constantly updates the Services or software from time to time, to improve, enhance, and further develop the Services. These are for the purpose of bug fixes, new features or enhancement. You agree to receive these updates which provided to you automatically as part of your use of the Services with or without prior notice.13. Terminating Your Relationship with Adveryday
a) The Terms will continue to apply until terminated by either you or Adveryday as set out below.
b) If you want to terminate your legal agreement with Adveryday, you may do so by notifying Adveryday at any time. Your notice should be sent, in writing, to email@example.com
c) Adveryday may at any time, terminate it's legal agreement with you if (i) you have breached or violated any provision of the Terms; (ii) required to do so by law; (iii) Adveryday is no longer providing the Services to users in the country in which you are resident or from which you use the service; (iv) you have failed to provide Adveryday with accurate registration or required account info.14. EXCULSION OF WARRANTIES AND LIABILITY LIMITATION
A) ADVERYDAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT YOU THAT: (I) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ADVERYDAY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU; (II) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; (V) THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
B) YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVERYDAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
E) ADVERYDAY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
F) YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVERYDAY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH ADVERYDAY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE ADVERYDAY WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
G) THE LIMITATIONS ON ADVERYDAY'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT ADVERYDAY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.15. Copyright and Trademarks Policy
a) Copyrights. All copyrights in and to the Services, and software, are owned by Adveryday. Adveryday reserves all the rights in law and equity. The use of the software or any part of the Service, except for use of the Service as permitted in these terms of service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
b) Adveryday respects the intellectual property rights of others and prohibit users from uploading, posting or otherwise transmitting on the Adveryday website or service any materials that violate another party's intellectual property rights. If you believe that your own copyrighted work is accessible on the Adveryday website or service in violation of your copyright, you should notice Adveryday immediately. Adveryday will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers when such notice is received.
c) Trademarks. Adveryday, the Adveryday logo, and other Adveryday trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Adveryday. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.16. Other Content
a) The Services may include hyperlinks to other web sites or content or resources. Adveryday have no control over any web sites or resources which are provided by whoever other than Adveryday.
b) You acknowledge and agree that Adveryday is not responsible for the availability of any such external sites or resources.17. Changes to the Terms
a) Adveryday reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Services. The latest version of the Terms will be made available to you here
b) You understand and agree that if you use the Services after the date on which the Terms have changed, Adveryday will treat your use as acceptance of the updated Terms.18. General Legal Terms
a) These Terms of Service constitute the entire agreement between you and Adveryday and govern your use of the Service, superseding any prior agreements between you and Adveryday.
b) You agree that Adveryday may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
c) Adveryday's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
d) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
[ Rev: 8 Oct 2012 ]