Terms Of Use

Terms Of Use

Terms Of Use

Before you use this site and or place ads, classifieds or advertising, you must read and agree to these

Terms of Use and any following Terms and Conditions and policies, including any future amendments

(collectively, "The "Agreement").

 

You should visit this page periodically to review the terms. Whynotad may, in its sole discretion, modify or

revise these terms and conditions and policies at any time, and you agree to be bound by such modifications

or revisions. If you do not accept and abide by this Agreement, you may not use the Whynotad website or any

other service provided by Whynotad.

 

1. Description of Service.

 

Whynotad (the "Service") is an online, free classified ads, community-based information sharing resource and

advertising portal. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis.

 

Whynotad disclaims all responsibility and liability for the availability, timeliness, security or reliability of the

Service.

 

Whynotad also reserves the right to modify, suspend or discontinue the Data and or Service with or without

notice at any time and without any liability to you.

 

2. Personal Use.

 

The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection

Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this

 

Service. You must provide current, accurate identification, contact, and other information that may be required

as part of the registration process and/or continued use of the Service. You are responsible for maintaining the

confidentiality of your service password and account, and are responsible for all activities that occur under your

account.

 

Whynotad reserves the right to refuse or terminate service to anyone at any time without notice for any reason.

 

3. Proper Use.

 

You agree that you are responsible for your own communications and for any consequences thereof. Your use

of the Service is subject to your acceptance of and compliance with The Agreement and any other polices or

guidelines set forth from time to time by Whynotad. You agree that you will use the Service in compliance with

all applicable local, state, national, and international laws, rules and regulations, including any laws regarding

the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and

shall not authorize or encourage any third party to:

 

(i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory,

harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably

determined by Whynotad;

 

(ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property

rights or other proprietary, contractual or fiduciary rights or obligations;

 

(iii) prevent others from using the Service;

 

(iv) use the Service for any fraudulent or inappropriate purpose; or

 

(v) act in any way that violates the terms of use Agreement, as may be revised from time to time. Violation of

any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and

federal penalties and other legal consequences.

 

Whynotad reserves the right, but shall have no obligation, to investigate your use of the Service in order to

determine whether a violation of The Agreement has occurred or to comply with any applicable law, regulation,

legal process or governmental request.

 

4. Privacy.

 

As a condition to using the Service, you agree to the terms of the Whynotad Privacy Policy now and as it may be

updated from time to time.

 

Whynotad understands that privacy is important to you. You do, however, agree that Whynotad may contact

you and inform you of associated news and updates relating to this Portal or future associated business. You

hereby agree that Whynotad may monitor, edit or disclose your personal information, if required to do so in

order to comply with any valid legal process or governmental request (such as a search warrant, subpoena,

statute, or court order), or as otherwise provided in these Terms of Use and the Whynotad Privacy Policy.

 

5. Content of the Service.

 

Whynotad takes no responsibility for third party content (including, without limitation, any viruses or other

disabling features), nor does Whynotad have any obligation to monitor such third party content.

 

Whynotad reserves the right at all times to move, edit, remove or refuse to distribute any content on the

Service, including but not limiting to content which violates the terms of this Agreement. Whynotad reserves the

right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy

any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including

 

investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical

issues (including, without limitation, the filtering of spam), (d) respond to user support requests, (e) protect

the rights, property or safety of Whynotad, its users and the public, (f) any other mater from time to time.

Whynotad is not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

 

6. Advertisements.

 

As a condition to using the Service, you agree and understand that Whynotad may display advertising, however

so described, and other information adjacent to and related to its content. This includes, but is not limited to,

sponsored ads, affiliates, Google Ads, as well as ads from other advertising providers, hereafter referred to

as 'Sponsors'.

 

7. Intellectual Property Rights.

 

Whynotad's Intellectual Property Rights

 

You acknowledge that Whynotad owns all right, title and interest in and to the Service, including without

limitation all intellectual property rights (the "Whynotad Rights"), and such rights are protected by international

intellectual property laws.

 

Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the

Service. You also agree that you will NOT use any robot, spider, other device and or automated device, or

manual process to monitor or copy any content from the Service.

 

The Whynotad Rights include rights to (i) the Service developed and provided by Whynotad; and (ii) all software

and programming code associated with the Service.

 

Your Intellectual Property Rights

 

Whynotad does not claim ownership of the content that you upload, but you agree that Whynotad may change,

move, edit, reassign or delete however so described, any content that you upload.

Although Whynotad does not claim ownership of content that its users post, by posting Content to any public

area of the Service, you automatically grant, and you represent and warrant that you have the right to grant,

to Whynotad an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform,

display, and distribute said Content and to prepare derivative works of, or incorporate into other works, the

said Content, and to grant and authorize sub licenses (through multiple tiers) of the foregoing. Furthermore,

by posting Content to any public area of the Service, you automatically grant Whynotad all rights necessary to

prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content

on the Service by any party for any purpose.

 

8. Representations and Warranties.

 

You represent and warrant that (a) all of the information provided by you to Whynotad to participate in the

Services is correct and current; and (b) you have all necessary right, power and authority to enter into this

Agreement and to perform the acts required of you hereunder.

 

9. Indemnification.

 

You agree to hold harmless and indemnify Whynotad, and its subsidiaries, affiliates, officers, agents, and

employees from and against any third party claim arising from or in any way related to your use of the Service,

including any liability or expenses arising from all claims, losses, damages (actual and consequential), suits,

judgements, litigation costs and attorneys' fees, of every kind and nature. In such a case, Whynotad will provide

you with written notice of such claim, suit or action.

 

10. Termination; Cancellation.

 

You may cancel your use of the Services with or without cause at any time by emailing

[email protected] Whynotad may at any time and for any reason terminate the Services, terminate

this Agreement, block you from accessing the site, or suspend or terminate your account. In the event of

termination, your account will be disabled and you may not be granted access to your account or any files or

other content contained on Whynotad, the terms of this Agreement shall survive expiration or termination.

 

11. Copyright.

 

All files hosted on Whynotad are under the copyright of the original author and Whynotad and or its associated

companies. You must contact the original author if you wish to use a file in a way that is prohibited by the file

license. All other content on this website, including but not limited to articles, description submissions and

comment postings are property of Whynotad. No portion of the content material on this web site may be

copied, reproduced, or reused without the express written permission of the company. Where the original

author is not explicitly indicated, the copyright belongs to Whynotad

 

12. Notification of Copyright Infringement.

 

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice

of claimed infringement. If you believe that your work has been reproduced on this website in a manner that

constitutes copyright infringement, please provide a notice of copyright infringement containing all of the

following information:

 

1. Full contact details of authorized person(s) to act as representative.

 

2. Copy of all official documents and registration documents, trademarks, pat. pending, etc, of the said

infringement.

 

3.A physical or electronic signature of the person authorized to act on behalf of the copyright owner for the

purposes of the complaint.

 

4. Identification of the copyrighted work claimed to have been infringed.

 

5. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing

activity.

 

6. A statement that the complaining party has a good-faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent or the law.

 

7. A statement, under penalty of perjury, that the information in the notice of copyright infringement is

accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly

infringed.

 

8. We require suitable time to investigate any such complaint and furthermore you agree to provide us

adequate time to investigate and or remove the said breach, without claim and or recourse.

 

13. Choice of Law; Jurisdiction.

 

These Terms of Use are governed by and construed in accordance with the laws of The United Kingdom, without

giving effect to its conflict of laws provisions or your actual state or country of residence. Any legal proceedings

however so described arising in connection with the Service will be brought solely at our discretion.

 

14. Conduct.

 

You hereby agree not to, post, email or otherwise make available content that is unlawful, harmful, threatening,

abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to minors in any way that

harasses, degrades, intimidates or is hateful toward an individual or group, including Whynotad employees, or

associated businesses, sponsors, advertisers, however so described.

 

15. Fees and Services

 

Fees and services. Conditions of Use Whynotad is generally free. We offer a fee for services in promotion or

highlighting of ads. If you use a service that actions a charge you agree to review and accept the levy fee in

accordance with our policies, which will clearly disclose the details of the service. Our fees are given in US

dollars, and the price may vary from time to time. We can make a temporary change in the fees charged for

promotional purposes, or on the occasion of the introduction of new services.

 

Our fees are non-refundable and you are responsible for the timely payment. If you do not accept the payment

of the fees on time, we may limit your ability to use our services. If you make such payments and the payment

fails or if your account is in debt, you agree to pay the fee using other methods for collection of payment.

 

16. Breach of Terms - Malicious Damages Penalties.

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to

subsequent or similar breaches.

 

a. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary

for Whynotad to pursue legal action to enforce these Terms, you will be liable to pay Whynotad the following

amounts as liquidated damages, which you accept as reasonable estimates of Whynotad damages for the

specified breaches of these Terms:

 

b. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents

your affiliation with a person or entity; or (3) that includes personal or identifying information about another

person without that person's explicit consent, you agree to pay Whynotad five hundred dollars (USD $500.00)

for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of

public figures.

 

c. If we establish limits on the frequency with which you may access the Service, or terminates your access to

or use of the Service, you agree to pay five hundred dollars (USD $500.00) for each message posted in excess of

such limits or for each day on which you access the site in excess of such limits, whichever is higher.

 

d. If you send unsolicited email advertisements to Whynotad email addresses or through our servers, and or

computer systems, you agree to pay twenty five dollars (USD$25) for each such email.

 

e. If you post Content in violation of the TOU, other than as described above, you agree to pay one thousand

dollars (USD $1,000) for each Item of Content posted. In its sole discretion, we may elect to issue a warning

before assessing damages.

 

f. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages

under clause (d), you agree to pay one hundred dollars (USD $100) for each and every Item you post in violation

of the TOU.

 

g. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content

(except for your own Content) in violation of these Terms without our express written permission, you agree to

pay three thousand dollars (USD $3,000) for each day on which you engage in such conduct.

 

h. Otherwise, you agree to pay actual damages, to the extent such actual damages can be reasonably calculated.

Notwithstanding any other provision of these Terms, Whynotad retains the right to seek the remedy of specific

performance of any term contained in these Terms.