By accessing this Website, you will be deemed to have agreed to these Terms of Use. If you do not intend to be legally bound by these Terms of Use, do not access or use our website or any services on it.
You acknowledge that the purpose of this website is to provide a medium to bring together buyers and sellers of Ad Space. We are not an auctioneer and are not involved in the actual transactions between Buyers and Sellers. Our services are limited to providing bid-based or flat price buying models enabling Buyers and Sellers to transact between themselves.
You
may only list, bid on or buy Ad Space if you are a member of
TrafficJunky. Membership is free. You may apply for membership at any
time.
You must have the legal capacity to enter into legally
binding contracts in order to apply for membership.
Your
membership is not transferable under any circumstances.
Any
membership information or content you provide to us or post to our
website must be accurate, true and correct, complete without
omissions of necessary information, current and kept up to date.
It
is your responsibility to keep your password safe. You must not give
out or allow any person to use your username and password. You are
responsible for all transactions, communications, agreements and
actions undertaken with your username and password.
If you
suspect any unauthorized use of your account, you must report it to
TrafficJunky immediately. We recommend that you change your password
on a regular basis. You must not respond to any request for your
password by anyone, even if the request is made by someone claiming
to be an employee of TrafficJunky. You must immediately notify us if
you receive such a request.
TrafficJunky
does not allow retraction of bids. If you win an auction, buy out or
if your offer to purchase is accepted by a Seller, you have agreed to
enter into a legally
binding contract
with the Seller.
As a buyer, you must complete each and every
transaction you make with a Seller unless the transaction is
prohibited by law or by the Listing Policy.
By purchasing Ad
Space, you agree to be bound by the conditions of sale included in
the listing description unless those conditions of sale are
prohibited by law or by the Listing Policy.
If you do not
fulfil a transaction or fail to comply with its conditions of sale,
you may become liable to the Seller and to TrafficJunky. Without
prejudice to any other rights, the Seller may leave comments for that
transaction and/or issue court proceedings against you and we may
among other things in our absolute discretion suspend or terminate
your account.
By submitting an Advertisement to a Seller, the
Buyer warrants that it is the owner of all content, copyright and
intellectual property in the Advertisement. The Buyer grants the
Seller the right to communicate the Advertisement to the public,
perform and display the content worldwide and/or to incorporate it in
other works in any form, media or technology now known or later
developed for the purpose of the Seller performing its obligations
during the contract period. The Buyer permits any user to access,
display, view and store such content. Subject to the above, the Buyer
shall retain all intellectual property rights that exist in its
Advertisement.
The Buyer acknowledges and agrees that the
Seller may preserve the Buyer’s Advertisement content and may
disclose any Advertisement in order to comply with legal requests, to
enforce these Terms of Use or to respond to any claim that any
Advertisement violates the rights of third parties or to protect the
rights, property or personal safety of TrafficJunky, the Seller,
Users and the public.
It is the Buyer’s responsibility to
satisfy itself of the suitability and appropriateness of the Site
Content and the quality of the Ad Space. TrafficJunky does not screen
and is not responsible for screening or monitoring any material or
communications posted by the Seller on either its website or the
TrafficJunky website. We do not in any way make any warranties or
representations regarding the results which the Buyer may or may not
gain from buying the Ad Space.
The Buyer warrants that:
It is authorized to publish the Advertisement(s);
The content of its Advertisement(s) is not unlawful and do not infringe on the rights of any person;
It has obtained all necessary permissions or releases to display the Advertisement;
Any website linked to the Buyer’s Advertisement(s) complies with all applicable laws and regulations, does not or has not breached any duty towards or the rights of any person and is not false, misleading, obscene, defamatory, hateful or otherwise illegal.
We
do not and cannot make any representation or warranty as to the
accuracy, completeness or currency of any information or content
provided on or accessible via the Website including but not limited
to information contained in Sellers' listings. We do not control or
verify any information or content provided to us by Members and
therefore we will not accept any and hereby exclude all legal
liability for such information or content.
As
we are not involved in the actual transaction between Buyers and
Sellers, we have no control over the appropriateness, effectiveness,
quality, safety or legality of the Ad Space or content posted by the
Sellers on the Website or of the Buyers' advertisements, the truth or
accuracy of listings, the ability of Sellers to sell their Ad Space
or the ability of Buyers to buy Ad Space.
It is the Buyer’s
responsibility to satisfy itself of the suitability, quality and
condition of any Ad Space it proposes to purchase and of the
truthfulness and accuracy of the Seller’s listing.
We
do not and cannot confirm or guarantee any Seller’s or Buyer’s
purported identity or contact details.
Sending you notices and
other communications about your transactions does not mean we
endorse, guarantee or legitimize the transaction. Some information in
our communications and notices will be provided to us by other
Members. You acknowledge that we do not confirm, approve, control,
endorse or guarantee any information provided to us by other Members
by using that information in communications with you.
You
acknowledge that the sole purpose of the Website is to provide a
means for Sellers to sell and Buyers to buy advertising space. You
assume all risk and liability of using our listing services. All
listings sold through our website are intended to be used for listing
purposes only. We do not provide any marketing or promotional
services and accordingly we do not make any warranty or promise as to
increased interest, traffic, awareness or sales growth for the
Seller’s or Buyer’s business.
We do not make and exclude
to the fullest extent permitted by law all warranties including
without limitation any implied warranties as to quality, safety,
title, fitness of purpose or merchantability of the Website or of any
Ad Space offered for sale at the Website.
We do not make and
exclude all warranties to the fullest extent permitted by law that
using this service and the Website will not result in infringement of
third party rights, including but not limited to intellectual
property rights.
Where any warranty or condition cannot be
excluded our liability for breach of such warranty or condition is
limited to either of the following:
Resupplying the service;
Crediting the cost of the service to you.
We
cannot and do not control the actions or inactions of Members dealing
through the Website and exclude all liability in this regard to the
fullest extent possible.
We do not guarantee that a Buyer or
Seller will actually perform or complete a transaction or act
lawfully in transacting over the Website.
It
is your responsibility to enforce any rights owed to you by another
Member. We do not provide any insurance, warranty or any other form
of protection for Buyers or Sellers in the event of non performance
by another Member. We merely provide a medium to bring Buyers and
Sellers together, enabling them to transact between themselves. We
will not be responsible or liable for any disputes between the Seller
and the Buyer. All disputes between the Seller and the Buyer must be
resolved between themselves.
You
acknowledge that other users may post offensive, harmful, inaccurate,
fraudulent, deceptive or defamatory content or content with errors or
omissions on the Website. Further, there are risks with using the
Website including people acting under false pretences, dealing with
under age persons and/or foreign persons, and international trading.
We may in our sole discretion without notice to you:
suspend, terminate or amend your membership;
cancel or amend any of your listings without refund;
issue you with a warning, and/or
refuse to sell or provide our services to you if in our absolute discretion we suspect that you have:
engaged in fraudulent, misleading or deceptive activity in connection with the Website;
breached the Terms of Use, the Listing Policy, any of our other policies or any applicable law; or
participated in conduct that is harmful to the interests of TrafficJunky or its directors, employees, related entities, agents or affiliates.
The
rights in this clause do not limit any other remedies available to us
at law, in equity or under these Terms of Use.
To protect the
security and privacy of other members, we are under no obligation to
provide you or any other member with details of any investigation or
action we undertake in relation to your membership or account.
We
cannot and do not investigate and/or control who owns particular
copyright or other intellectual property. We will not take any action
against a Member for alleged copyright or intellectual property
infringement unless the complaint is made by the actual owner of the
copyright or intellectual property rights.
If you are the
owner of copyright or intellectual property rights and you believe
your rights are being infringed by a listing on this website, please
contact us at contact@TrafficJunky.net.
To
the fullest extent possible, we, our affiliates, directors, employees
and related entities exclude all liability including but not limited
to all liability whether in tort or contract or otherwise for any
claim, damages, any actual, special, direct, indirect, exemplary,
special or consequential loss or damage, costs, expenses, claims in
respect of economic loss, loss of profits, any loss of or damage to
data, property or goodwill or death or injury to any person of
whatever nature and however or wherever sustained including by
negligence arising out of or in connection with your or any person’s
use of the website or our services even if advised of the possibility
of such damages.
To the fullest extent possible we exclude all
liability relating to any errors, omissions and offensive, harmful,
inaccurate, deceptive or defamatory content contained or implied in
the Website.
Users agree to defend and indemnify and forever hold TrafficJunky, its related entities, officers, directors, employees, agents and affiliates harmless against liability for any claims, demands, proceedings, losses, damages whether actual, special or consequential, expenses and costs, including legal costs on an indemnity basis, made by you or by any third party as a result of or in connection with your use of the Website or your or a third party’s breach of these Terms of Use, any applicable law or the rights of a third party.
You agree to be bound by the policies, charges including chargeback fees and terms and conditions of any gateway such as PayPal and of any credit card provider(s) you propose to use for accepting or making payment over the Website.
All
rights to copyright, trademarks, service marks and trade dress in
this Website including all content, text, graphics, photos, logos,
button icons, images and audio clips are either owned by or licensed
to us by our Members or third parties. We and/or our software
suppliers own all software used on the Website.
All such
material and software is protected by domestic and international
copyright and intellectual property laws. You may only use this
material for browsing the Website and you are strictly prohibited
from reproducing, adapting, modifying, distributing, transmitting,
republishing, framing, displaying or performing the content on the
Website.
TrafficJunky is a Trademark of TrafficJunky inc..
Users may not use this trademark unless expressly authorized by
us.
All other trademarks, trade names, service marks and the like
that appear on the Website are the property of their respective
owners. You may not use any such intellectual property without the
respective owner’s express consent.
about you to the extent outlined in our Privacy Policy which is incorporated into the Terms of Use.
You must comply with all policies, guidelines, help and frequently asked questions pages published on the Website. All such policies and pages are incorporated into these Terms of Use.
You must comply with all laws (including domestic and international), statutes, ordinances and regulations in respect of using the Website, viewing its content and when using our services. Sellers, it is your responsibility to investigate whether and what information you may lawfully advertise on the Website.
Due to occasional upgrades, maintenance and other factors outside our control, we cannot guarantee 100% continuous, uninterrupted or secure access to the Website. We provide the Website on an “as is” and “as available” basis. We make no representations or warranties that the Website, information, content or materials available on the Website, its servers or emails sent from TrafficJunky will be:
uninterrupted;
free of defects, viruses, inaccuracies, errors or other harmful components;
will meet your requirements; or
will operate in the configuration or with other hardware or software that you use.
Using
the Website is undertaken at your own risk.
TrafficJunky
grants you a non-exclusive, non-transferable, revocable, limited
right and license to access and use the Website solely in order to
sell and buy Ad Space in full compliance with these Terms of Use. You
agree not to download (other than page caching for authorized Users)
or modify the Website or any portion of it without our express,
written consent. Unless expressly stated otherwise such license does
not include:
any rights of resale or commercial use of the Website or its contents (other than Advertising);
any collection or use of any media metrics available on or through the Website, listings, descriptions, or prices;
any derivative use of the Website or its contents;
any downloading or copying of account information for the benefit of another merchant; or
any use of data mining, robots, scraping, or similar data gathering or extraction tools.
The
Website (or any portion of it) may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial
purpose without our prior express, written consent. Any unauthorized
use terminates the permission or license granted by TrafficJunky
under this clause.
If your membership is terminated for
whatever reason then we may in our absolute discretion delete any
content, material, files, graphics or other content or material
relating to your use of the Website. Immediately upon termination you
are prohibited from accessing or using the Website. We reserve the
right to use any means we deem necessary to prevent unauthorized
access to the Website including but not limited to technological
barriers, IP banning, email banning and direct contact with your ISP.
If your account is terminated, you must immediately pay us all fees
or other amounts that you owe prior to termination.
TrafficJunky will not be liable for failing to perform under these Terms of Use by the occurrence of any event beyond its reasonable control, including, without limitation, a labour disturbance, an internet outage or interruption of service, a communication outage, a failure by a service provider to TrafficJunky to perform, fire, threatened or actual act of terrorism, natural disaster or war.
We may close the Website at any time in our absolute discretion and without prior notice. We may delete any files or content which you post or maintain at the Website. We do not undertake to retain copies of any material which we or others may delete from the Website. For this reason, we strongly advise you to keep a copy of any such material.
Any links to services, goods, resources or information of third parties provided at the Website whether through third-party advertising or otherwise are not controlled by TrafficJunky. We make no representations or warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement, regarding any services, resources, goods or information of any third party. We will not be liable for your use of or reliance on the services, resources, goods or information of third parties.
You must not:
use any robot, spider or any other device to copy or monitor our web pages and content;
use any software, device or routine that contains any viruses or any other damaging computer programming mechanisms that interferes with the proper working of our website;
take any action that imposes an unreasonable burden on our service infrastructure including our hardware, bandwidth and software;
alter or tamper with any information, content or materials on or associated with the Website.
Due
to the large amount of content posted by others on the Website, we
cannot and do not undertake to monitor or control the nature of the
content available on the Website. Users are solely responsible for
their interactions with other users of the Website. Users must not
post any fraudulent, misleading, defamatory, infringing or unlawful
content on the Website. Users agree to defend and indemnify us
against any infringement, breach of privacy, defamation or similar
claims relating to their use of the Website.
We reserve the
right but are not obliged to monitor content and materials posted on
the Website and to remove, edit or take any other action to restrict
access to any material or content that we or another User may
consider to be obscene, unlawful, defamatory, invasive of privacy or
otherwise inappropriate or objectionable.
We are not
responsible for the actions of users which take place at the Website.
All users acknowledge that our responding to complaints regarding any
material or content posted to the Website is done only of our good
free will to assist users in having a pleasurable trading experience
on the Website and not because of any duty imposed on us to do so. We
exclude all liability for and Users waive any claims or remedies
(including but not limited to breach of intellectual property rights)
arising out of or relating in any way to the content at this Website
or our response or failure to respond to a complaint.
The
Buyer acknowledges and agrees that TrafficJunky has no control over
any content on any Seller’s website. It is the Buyer’s sole
responsibility to determine whether or not such content is
appropriate or acceptable to the Buyer and the Buyer assumes all risk
and liability in this regard.
The Seller acknowledges and
agrees that TrafficJunky has no control over any Advertisements or
other content that may be submitted by any Buyer. The Seller assumes
all risk and liability for determining whether or not such content is
acceptable or appropriate to it.
TrafficJunky and Sellers may provide links to other Websites which are independent of us. We make no representations or warranties about any such websites and exclude all responsibility for the content or use of any such websites.
Our
services are not available to unsupervized persons under eighteen
(18) years or twenty one (21) years where eighteen years is not the
legal age of majority (“the age of majority”).
You must leave
the Website now if you have not reached the age of majority and are
not using the Website in conjunction with and under the supervision
of your parents or guardians.
If
any provision of these Terms of Use or any policy or document found
on this Website is void, voidable, unenforceable or illegal in
accordance with its terms, but would not be void, voidable,
unenforceable or illegal if it were read down and it is capable of
being read down such provision shall be read down accordingly.
If,
notwithstanding the above paragraph a provision is still void,
voidable, unenforceable or illegal:
if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are hereby severed; and
in any other case, the whole provision is hereby severed, and the remainder of these Terms of Use and any policy or document on this Website shall be of full force and effect.
We
may assign our rights to these Terms of Use in our absolute
discretion without giving any notice.
You are strictly
prohibited from assigning or transferring any rights you may have
under these Terms of Use. Any attempted assignment or transfer by you
shall be void and without legal effect.
The
failure, delay or omission by us to exercise any power or right
conferred upon us by these Terms of Use shall not operate as a waiver
of such power or right, nor shall any single exercise of any such
power or right preclude any other or future exercise of the power, or
the exercise of any other power or right under these Terms of Use.
A
waiver of any provision of these Terms of Use, or consent to any
departure by a participant from any provision of these Terms of Use,
must be in writing and signed by us (non electronically) and is
effective only to the extent for which it is given.
No
agency, partnership, joint venture, employee-employer, affiliate or
franchisor-franchisee relationship is entered into or created by
these Terms of Use between you and us.
You agree that we do
not owe you any fiduciary duties. We are merely a third party
beneficiary to contracts between Buyers and Sellers with respect to
the fees that may arise therefrom.
Notices
under these Terms of Use may be given by us electronically by email
or by posting notices on the Website. You agree that all
communications from us including all agreements, notices, disclosures
may be provided by us in such electronic form which satisfies any
legal requirement that such communications be in writing.
You
agree that using your username and password to communicate with us or
third parties electronically constitutes your electronic signature
and satisfies any legal requirement that such communication be in
writing.
All provisions except your licence to access the Website shall survive any termination or expiration of these Terms of Use. Buyers’ and Sellers’ contractual obligations made prior to termination survive termination and must be completed.
We
reserve the right to amend these Terms of Use and any of our policies
and documents at any time in our absolute discretion. Any amendments
will be posted to the relevant page where the policy or document is
usually found and will be notified on the “Site News” section of
the Website.
Unless specified otherwise, all amendments will be
effective seven (7) days after first being notified on the “Site
News”. By continuing to use the website you will be deemed to have
agreed to the amended Terms of Use or policy.
The Terms of Use
cannot be individually amended except in writing signed
(non-electronically) by TrafficJunky and yourself.
These Terms of Use together with all policies and documents incorporated by reference comprise the entire agreement between you and us. You agree that you have not relied on any prior representations, statements, claims or agreements not contained in these terms and conditions.
In
these Terms of Use unless the context otherwise requires:
”Ad
Space” means the space contained on the Seller’s website, email
newsletters or other property for Advertisement.
“Advertisement”
includes all forms of digital text, graphic, rich media and other
advertisements of the Buyer whether being broadcast visually and/or
aurally via the internet including all content contained
therein.
“TrafficJunky” means Kermia Solutions Ltd, or
TrafficJunky Inc.
“Buyer” includes any member of
TrafficJunky who bids on, wins or buys Ad Space or any person acting
on their behalf with express or implied authority.
“Contract
Period” means the period of time the Seller agrees to lease its Ad
Space to the Buyer in accordance with the terms and conditions of the
Seller’s listing.
“Member” means any member of
TrafficJunky including Buyers and Sellers.
“Seller” means
any member of TrafficJunky who creates a listing for the sale of Ad
Space or any person acting on its behalf with express or implied
authority.
“Site Content” means the content of the website
or other property in which the Ad Space appears or is to
appear.
“Site Content Page” means website website page/s
in which the Ad Space appears or is to appear.
“We”, “Us”
and “Our” means TrafficJunky.
“Website” means the
TrafficJunky Website under the domain name
www.TrafficJunky.net.
“You”, “Your” and “Users”
means any persons accessing the TrafficJunky Website including
Members, Buyers and Sellers and includes anyone acting on their
behalf with express or implied authority.
In these Terms of
Use unless the context otherwise requires:
Words importing the singular or plural include the plural and singular respectively;
Words importing any gender include every gender;
Words denoting persons include bodies and corporations;
A reference to a party or parties means the named parties to this document and includes that party’s executors, administrators and permitted assigns, or if a company, its successors and permitted assigns;
Clause headings do not affect the interpretation of this document
Where a word or phrase is given a particular meaning in this document, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
A reference to a clause or a provision is a reference to a clause of this document; and
Every agreement, covenant or undertaking expressed or implied by which more than one person is bound binds those persons and any two or more of them jointly and each of them severally.
Kermia Solutions 72 HIGH STREET HASLEMERE SURREY UNITED KINGDOM GU27 2LA