Terms
and Conditions
Welcome
to AdVantage ESP, your contact manager, offered to you by Aditude Limited whose
registered office is at 98 Lancaster Road, Newcastle-under-Lyme, Staffordshire
ST5 1DS (‘Aditude Ltd’). By joining our service, you can access our AdVantage
ESP Contact Manager, as long as you maintain the necessary equipment and
services for internet access. The following are the terms and conditions for
use of Aditude Ltd`s website and services. Please read them carefully.
This
service is provided to individuals who are at least 18 years old. By clicking
the "I AGREE" button and completing the registration process, or by downloading
any software from this website, you are stating that you agree to be bound by
all of the terms and conditions (‘Terms’) of Aditude Ltd.
1.
Description of the Service
Aditude
Ltd currently provides its members access to AdVantageESP Contact Manager
on a fee paid basis using Worldpay. Aditude Ltd also allows visitors to
download AdVantage ESP software. Aditude Ltd may change, suspend or discontinue
(temporarily or permanently) the services; any feature or aspect thereof, at
any time; impose limits on features or aspects of the
services; restrict the member access thereto, all without giving prior
notice or incurring any liability to the subscriber, its members or any third
party. Unless explicitly stated otherwise, any new applications or features and
any changes to the current services shall be subject to these terms.
1.
Privacy Policy
Our
privacy policy can be found at the bottom of this or any other page on our
website. The privacy policy forms part of these Terms. Assenting to this
Agreement implies agreement to the privacy policy.
2.
Registration
To
open an Aditude Ltd account, you must complete the registration process by
providing us with current, complete and accurate information as prompted by the
Registration Form. You will then choose a password and an account name. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. The member warrants to Aditude Ltd that
AdVantage ESP shall not be used for any purpose that is unlawful or prohibited
by these Terms and is responsible for all acts or omissions that occur under
the member’s password.
Without
limitation the member agrees that AdVantage ESP will not be used to:
-
Upload,
store, post, email or otherwise transmit, distribute, publish or disseminate
any site information or other information that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or
libelous, or promotes such activity;
-
Upload,
store, post, link to, email or otherwise transmit, distribute, publish or
disseminate any site information, content or other information or material that
(or the transmission, distribution, publication or dissemination of which)
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party or otherwise infringes the legal rights (such as rights of
privacy and publicity) of others, violates any contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements) or is otherwise objectionable;
-
Email
or otherwise transmit, distribute, publish or disseminate any unsolicited
advertising, survey, promotional materials, "junk email," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation or duplicative
or unsolicited messages (commercial or otherwise);
-
Provide
inaccurate, incomplete, outdated or misleading registration information, create
a false identity or manipulate identifiers to mislead others to disguise the
origin of any information stored on the site or transmitted through the
services, or impersonate any person or entity, or otherwise misrepresent any
affiliation with a person or entity;
-
Use,
download or otherwise copy, or provide to a person or entity that is not one of
the members any portion of the services or any content or any portion thereof;
-
Upload,
store, post, link to, email or otherwise transmit, distribute, publish or
disseminate any material that contains software viruses, trojan horses, worms,
time bombs, cancelbots or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or circumvent any "copy-protect"
devices, or any other harmful or disruptive program, or any warez, cracks,
hacks, associated utilities or other piracy related information;
-
Attempt
to gain unauthorized access to the services, content, other subscribing
members/organization sites or site information or personal information, or
other computer systems, servers or networks connected to the Services;
-
Violate
(intentionally or unintentionally) any applicable Laws of England and
Wales
.
-
Upload,
store, post, email or otherwise transmit, distribute, publish or disseminate
any site Information or other information that is harmful to minors in any way.
-
For
any part of this service which is a paid service, you will be charged a fee at
the end of the evaluation period.
You
agree to notify Aditude Ltd immediately of any unauthorised use of your account
or any other breach of security. The member acknowledges that Aditude Ltd does
not monitor any of the information transmitted through the services, any site
information or any use thereof except to the limited extent as may be permitted
in the Privacy Statement. Aditude Ltd shall have the right (but not the
obligation) to delete, move or edit any information and require the user to
delete, move or edit any site information that violates these terms.
4.
BACKUP
Aditude
Ltd regularly backs up site information of members. Aditude Ltd shall have no
liability for any failure to back up or restore such site information, or for
interruptions, delay or suspension of access to or unavailability of such site
information, or any loss of site information, data or transmissions.
5.
DISCLAIMER OF WARRANTIES
To
the fullest extent permitted by law, Aditude Ltd expressly disclaims all
warranties and conditions, express or implied, including, but not limited to,
implied warranties and conditions of merchantability, merchantable quality,
correspondence to description, deletion or unauthorised access to any of the
member’s materials, any loss of data, transmissions or site information
resulting from hardware or software failure breakdown or any other reason, any
infringement of another’s rights, including without limitation, intellectual
property rights, conduct of any of the members, any goods or services purchased
or obtained from any sponsor, advertiser, content provider or partner or any
third party whether based on contract, tort, negligence, strict liability or
otherwise. Aditude Ltd does not represent or warrant that the service materials
will be uninterrupted or error-free, that defects will be corrected, or that
this site or the server that makes it available, are free of viruses or other
harmful components.
6.
LIMITATION OF LIABILITY
To
the fullest extent permitted by applicable law, under no circumstances,
including, but not limited to, negligence, shall Aditude Ltd be liable for any
direct, indirect, incidental, special or consequential damages that result from
the use of or the inability to use the service, any changes to the service,
unauthorised access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through the service. You specifically agree that Aditude Ltd is
not responsible or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. If you are
dissatisfied with the service, the materials available on or through the
service, or with any of these Terms, your sole and exclusive remedy is to
discontinue using AdVantage ESP.
7.
INDEMNIFICATION
You
agree to indemnify and hold Aditude Ltd its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or damage, including
reasonable legal fees, asserted by any third party due to or arising out of
your use of or conduct on the service.
8.
TERMINATION
Aditude
Ltd may terminate the service with or without cause at any time. In addition,
Aditude Ltd at its sole discretion, may terminate your account for any breach
of the letter or spirit of these Terms.
If
you wish to terminate your account, you should do so by e-mail to
info@aditude.co.uk providing prior
30 days and upon expiry of that notice your only recourse is to discontinue use
of the account. Upon termination of the service, your right to use the service
ceases. Aditude Ltd shall have no obligation to maintain any content in your
account.
Aditude
Ltd may terminate the service for non-payment of fees at any time.
9.
NO SPAM; DAMAGES
Aditude
Ltd will immediately terminate any account which it believes, at its sole
discretion, is transmitting or is otherwise connected with any spam or other
unsolicited bulk email. In addition, because damages are often difficult to
quantify, you agree to pay to Aditude Ltd liquidated damages of £5.00 for each
piece of spam or unsolicited bulk email transmitted from or otherwise connected
with your Aditude Ltd account, or Aditude Ltd’s actual damages, whichever is
greater.
10.
PROPRIETARY RIGHTS TO CONTENT
You
acknowledge that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either
sponsor advertisements or email-distributed, commercially produced information
presented to you by the service, by Aditude Ltd, or Aditude Ltd`s advertisers
or other content providers, are protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You may make a copy of
this content for your personal, non-commercial use only, provided that you keep
all copyright and other proprietary notices intact.
You
may not modify, copy, reproduce, republish, upload, post, transmit, or
distribute in any way content available through the service, including code and
software.
11.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Aditude
Ltd reserves the right to change the Terms or policies regarding the use of the
service at any time and to notify you by posting an updated version of the
Terms on Aditude Ltd’s site.
12.
LAWS
These
Terms shall be governed by and construed in accordance with the laws of
England
and
Wales
. You and Aditude Ltd agree to submit to the exclusive
jurisdiction of the courts of
England
and
Wales
. Aditude Ltd`s failure to exercise or enforce any right
or provision of the Terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by Aditude Ltd in writing.
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