- THE SEARCH PHRASES SERVICE
MaxiMedia provides a service on the Internet where consumers
can search for a desired subject using keywords on the majority
of UK search engines and advertisers can pay for such keywords
to be listed at the top of these search engines. By registering
as an advertiser or by using the Service, you are indicating
your agreement to be bound by all of the terms and conditions
of the Rules. If you do not accept all of these Rules, do
not register as an advertiser and do not access the Service.
- REGISTRATION
In order to use the Service, you must:
(a) provide certain current, complete, and accurate information
about yourself and your Company Contact (including, without
limitation, credit card information) on the Registration Form;
(b) maintain and update such registration information and
provide MaxiMedia with any other information requested after
registration ("Registration Data") so that such
information remains current, complete and accurate; and
(c) If any Registration Data that you provide is untrue, inaccurate,
not current or incomplete, MaxiMedia retains the right to
terminate your Membership. A Company Contact shall be deemed
to be acting on your behalf at all times. MaxiMedia may refuse
to offer its Service to anyone without the need to give any
reason and may change its criteria for Membership at any time.
- AMENDMENTS TO RULES
MaxiMedia may change the Rules from time to time. Upon any
such change, MaxiMedia will post the amended Rules on this
Site and thereby notify you that the Rules have been changed.
The amended Rules shall automatically become effective immediately
after they are initially posted on this Site and any use of
the Service after such date shall be subject to the amended
Rules. The Rules may not otherwise be amended, except in writing
signed by both parties. Your continued use of the Service
after the posting of the amended Rules on this Site constitutes
your acknowledgement of the Rules and its modifications and
agreement to abide by and be bound by the Rules, as amended.
- MODIFICATIONS TO SERVICE
MaxiMedia reserves the right, without liability, to modify
or discontinue any part of the Service, temporarily or permanently.
MaxiMedia shall give you the maximum amount of notice of such
modification or discontinuance as is practicable in the circumstances.
Such notice will be made by MaxiMedia posting the changes
on this Site.
- SECURITY
You shall ensure that you and your Company Contact maintain
the confidentiality of his or her own User Identification
and shall not permit any unauthorised third party to use the
Service. You agree to immediately notify MaxiMedia of any
unauthorised use of the Service or your account or any other
breach of security known to you or your Company Contact.
- PROCEDURES
(a) MaxiMedia shall suggest keywords to you which you can
buy.
(b) You may buy an unlimited number of keywords provided you
continue to pay the quarterly service charge which is set
by MaxiMedia.
(c) All Keywords are sold on a first submitted, first served
basis.
(d) Unless otherwise stated, all purchase amounts are made
in Pounds Sterling and exclusive of VAT.
(e) When you have purchases a Keyword you can provide MaxiMedia
with a Listing which corresponds to that keyword and your
logo (if one exists). MaxiMedia will provide suggestions to
you for such Listing. However the final decision to web-site
nominated by you; solely for the purpose of the provision
of the Service.
- KEYWORD LISTING
When you have purchased a Keyword you can provide MaxiMedia
with a listing which corresponds to that keyword and your
logo (if one exists). MaxiMedia will provide suggestions to
you for such Listing. However the final decision to The service.
MaxiMedia provides a service on the Internet where consumers
can search for a desired subject using keywords on the majority
of UK search engines and advertisers can pay for such keywords
to be listed at the top of these search engines. By registering
as an advertiser or by using the Service, you are indicating
your agreement to be bound by all of the terms and conditions
of the Rules. If you do not accept all of these Rules, do
not register as an advertiser and do not access the Service.
MaxiMedia DO NOT guarantee that you will be in the number
one position on the search engines at all times.
MaxiMedia have the right to disconnect and discontinue the
service if at any time the cost of listing a keyword exceeds
the service charge paid, however MaxiMedia may at any time
list your keyword at a lower position on the search engines
if the price of listing a keyword rises more than 5%.
If you do not accept all of these Rules, do not register as
an advertiser and do not access the MaxiMedia Service.
- RULES OF CONDUCT
(a) Advertiser is Solely Responsible for Conduct. You agree
that you are solely responsible for the actions of anyone
using any User Identification provided to you and the content
of your Listings or any other transmissions through the Service.
(b) No Illegal or Deceptive Acts. You agree:
i) to abide by all applicable laws and regulations in your
use of the Service including, without limitation, the Data
Protection Acts 1984 and 1998;
ii) not to impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a person or
entity;
iii) not to use the Service for illegal or immoral purposes;
and
iv) to comply with all regulations, policies and procedures
of networks connected to the Service.
v) to contact MaxiMedia if any of your listed URLs result
in error pages or dead links at any time. This could be as
a result of a site re-design, down time, technical problems
or other reasons. MaxiMedia also reserves the right to suspend
campaigns and accounts with dead links.
(c) Unsuitable Material. You agree:
i) not to post, promote or transmit through the Service any
unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene, hateful, racially, ethnically or otherwise
objectionable material of any kind or nature;
ii) not to transmit or post any material that encourages conduct
that could constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable laws or regulations;
iii) not to interfere with advertiser's or consumer's use
and enjoyment of the Service or another entity's use and enjoyment
of similar services, or engage in surveys, contests, chain
letters or post or transmit "junk mail", "spam",
"chain letters", or unsolicited mass distribution
of e-mail; and
iv) that MaxiMedia neither endorses the content of any advertiser
or advertiser communications, postings or data nor assumes
any responsibility for any threatening, libelous, obscene,
harassing or offensive material contained in such materials,
or any crime facilitated by use of this Site.
(d) System Integrity. You agree:
i) not to upload or distribute in any way files that contain
viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
ii) not to interfere or disrupt networks connected to the
Service;
iii) not to use any device, software or routine or attempt
to interfere with the proper functioning of the MaxiMedia
site or any transactions being offered at this Site; and
iv) not to take any action that imposes an unreasonable or
disproportionately large load on MaxiMedia infrastructure.
(e) By accessing the Service you agree that for the purposes
of using the Service you will only use the means expressly
made available to you from time to time by MaxiMedia, or authorised
in advance by MaxiMedia (for example, MaxiMedia approved 3rd
party tools and services). You agree by accessing the Service
that you will not use any automated means, including, without
limitation, agents, robots, scripts, or spiders, for any reason
(including but not limited to accessing, monitoring or copying
the Service and the technology and intellectual property behind
it). You agree and acknowledge that the Site contains robot
exclusion headers and you agree that you will not use any
device, software or routine to bypass any robot exclusion
headers, or to interfere or attempt to interfere in any way
with the proper working of the Service and/or the Site.
(f) Copyright Infringement. In the event that you post or
make accessible communications or other materials that infringe
the copyright of a third party, MaxiMedia may terminate your
access to the Service. MaxiMedia may, at its sole discretion,
immediately terminate your access to the Service should your
conduct fail to conform with any provision of this Clause
10.
- WARRANTIES
You represent and warrant that your Listing, in itself or
through the site it links to,
(a) does not violate any law or regulation;
(b) does not infringe in any manner any copyright, patent,
trade mark, trade secret or other intellectual property right
of any third party;
(c) does not breach any duty toward or rights of any person
or entity or has not otherwise resulted in any consumer fraud,
product liability, tort, breach of contract, injury, damage
or harm of any kind to any person or entity;
(d) is not false or misleading; and/or
(e) is neither defamatory, libelous, slanderous or threatening.
You represent and warrant that you have sufficient authority
to enter into these Rules. You represent and warrant that
your Listings each meet the standards of Clause 10 above.
Whilst MaxiMedia strives to ensure the highest quality of
service to its Advertisers, MaxiMedia cannot guarantee that
the Service will meet your requirements, or that the Service
will be uninterrupted, timely, secure, or error free.
- LIMITATION OF LIABILITY
MaxiMedia shall not be liable for any damages for loss of
profits, use, data or other intangible property or any indirect,
incidental or consequential damages whatsoever, resulting
from the use or the inability to use the Service or resulting
from unauthorised access to, deletion or alteration of your
transmissions or data or failure of the Service to store your
transmissions or data, even if MaxiMedia has been advised
of the possibility of such damages.MaxiMedia shall not be
liable for any delay or failure to perform due to government
restriction, strikes, war, any natural disaster or any other
condition beyond MaxiMedia reasonable control.MaxiMedia liability
to you in any circumstances is limited to 0% of the fees or
commissions collected by MaxiMedia from you in respect of
the Service and received in the calendar year before the cause
of action to which the dispute pertains arises.However, nothing
in these Rules shall limit MaxiMedia liability for death or
personal injury caused by its own negligence nor for its fraudulent
misstatement.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless MaxiMedia,
its parents, subsidiaries, affiliates, officers and employees,
against all liabilities, claims and expenses that may arise
from any breach of these Rules by you or from the use of any
trade mark, logo, business name, Listings or content supplied
or authorised by you.
- TERMINATION AND EFFECT
(a) Termination by Advertiser. You may terminate your Membership
or your access to any part of the Service with or without
cause at any time and effective immediately by serving written
or electronic notice. Should you object to any provision of
the Rules or any subsequent modifications thereto, your only
recourse is to immediately: (a) terminate use of the Service;
and (b) notify MaxiMedia of termination.
(b) Termination by MaxiMedia. MaxiMedia may terminate your
Membership:
i Immediately by serving notice of termination on you; or
ii immediately if you have breached these Rules and such breach
is not capable of remedy or, if capable of remedy, within
5 days of MaxiMedia providing you with notice of such breach;
or
iii Immediately if you become insolvent for the purposes of
the Insolvency Act 1986.
(c) Upon Termination. Upon termination of the Service, your
right to use the Service immediately ceases and you acknowledge
and agree that MaxiMedia may immediately delete the files
in your account and bar any further access to such files or
the Service.You agree that upon termination of these Rules,
MaxiMedia will not give any refunds.MaxiMedia shall not be
liable to you or any third party for termination of your Membership
in accordance with these Rules.
(d) Keywords. MaxiMedia may remove any keyword or Listing
in its absolute and sole discretion, without liability to
you.
- NOTICES
All notices to a party shall be in writing or via e-mail.
Please use info@maxi-media.biz for notices to MaxiMedia.
- GENERAL
In the event that any provision of these Rules shall, in whole
or in part, be determined to be invalid, unenforceable or
void for any reason, such provisions shall be severed and
the remainder of these Rules shall continue in full force
and effect. MaxiMedia failure to act with respect to a breach
by you or others does not waive its right to act with respect
to subsequent or similar breaches. These Rules shall be governed
by and construed in accordance with the laws of the England
and Wales and shall be subject to the exclusive jurisdiction
of the English courts. These Rules and any modifications hereto
constitute the entire agreement between the parties with regard
to the subject matter hereof and supersede all prior understandings,
arrangements and agreements, whether written or oral, as to
such subject matter (except for fraudulent misrepresentations).
MaxiMedia reserves the right to assign or sub-contract any
or all of its rights and obligations under these Rules. You
shall not, without MaxiMedia prior written consent, assign
any interest hereunder.
For a no obligation demonstration and quotation contact us
on
0845 122 0665
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