The Terms & Conditions of this Agreement (db.TCRR.a) govern the use of services rendered by Devon Buy (“Site Owner”) via the website www.devonbuy.com (“Site”) for the purpose of advertisement placement by you (“You”, “Your” or “Advertiser”).
BY CLICKING THE BUTTON AT THE END OF THIS PAGE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL RULES AND REGULATIONS ON ADVERTISING, POLICIES AND GUIDELINES OF THIS SERVICE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, KINDLY DISCONTINUE THE USE OF THIS SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS & CONDITIONS STIPULATED BELOW.
Due to the long term nature of this Site, the terms and conditions herein may be changed by the Site Owner from time to time. If such modifications constitute a change which affects the Advertiser’s advertisements commercially or monetary-wise, the Advertiser shall be notified by email. What constitutes such a change shall be determined at the Site Owner’s sole discretion in good faith using common sense and reasonable judgment. If such modifications are conveyed and notified to the Advertiser in writing, the Advertiser shall be responsible for reviewing and becoming familiar with those modifications. The use of advertisement space at the Site following such notification constitutes your further acceptance of the terms and conditions as modified.
By signing to be an advertiser of this Site, You represent and warrant:
- All information provided and conveyed by you via email or other means of communication is correct and accurate;
- You are the owner of the site or business being advertised, or that You are legally authorized to represent and act on behalf of the owner of such site(s) and business(es) for the intention of this Agreement;
- You have all the necessary rights, powers and authorities to enter into this Agreement and to perform the acts required of You in accordance with this Agreement;
- You further represent and warrant that each site and business advertised, and materials, graphical or otherwise, displayed on the Site under this Agreement:
- comply with all applicable laws, statutes, ordinances, regulations and legislations;
- do not breach or have not breached any duty towards or rights of any person or entity, including, without limitation, rights of intellectual property, publicity or privacy, rights or duties under consumer protection, product liability, tort or contract theories;
- do not directly or indirectly access, launch or activate any software application or website with malicious content other than lead to your site(s) or business(es), to the extent permitted by this Agreement;
- are not pornographic, hate-related, racists, violent, or otherwise illegal in nature and content.
- You are solely responsible for your site(s) and business(es). The Site Owner is not responsible for anything related to your site(s), including the transmission of data between your site and this Site.
- As such, the Site and the Site Owner shall not be responsible for any activity carried out at your site(s) and/or business(es). You shall release the Site and the Site Owner from all claims, demands and damages (actual and consequential), of every kind of nature, known and unknown, arising out of or in any way connected with the advertisements.
- You may select an ad format approved by the Site as given on the Advertise page or other alternatives as suggested on the same page, but You acknowledge and agree that Your ads and/or links:
- shall connect and lead to sites which are as accurately represented on the advertisement, by graphics, text or otherwise, without causing confusion or misleading the Site visitors and readers, to the best of Your knowledge;
- shall not connect or lead to sites for the purpose of obtaining remunerations or commissions by unfair methods or inadmissible means.
- Not all advertisement requests may be entertained by the Site Owner. Such request and submission shall be subjected for review on a case-by-case basis by the Site Owner to ensure that its nature and placement does not contradict with the interest of the article or with the advertisements placed by other advertisers. The review and approval of this shall be at the sole discretion of the Site Owner.
- You agree that all advertisements placed on the Site shall, upon clicking by Site visitors, open to a new tab or window on the web browser. The code for this shall be inserted by the Site Owner, in order not to unintentionally redirect a Site visitor away from the Site.
- GRACE PERIOD:There is no grace period for advertising period of one month or part-of. There will be no refunds for early cancellation for one month period advertising.
- For 3-month, 6-month, and 12-month advertising period programmes, the Advertiser is given 7 days’ grace period upon live broadcast of the advertisement on the Site to decide if the intention to continue with the advertisement programme is to be resumed. If the Advertiser decides to cancel the programme within 7 days upon live broadcast, only the first month of that ad type and placement (based on one month rates) shall be billable and payable. The remainder shall be refunded to the Advertiser. In this case, the advertisement shall be removed from the Site at the end of the first month, unless expressed in writing that the advertisement should be removed earlier.
- This grace period does not apply to advertisements related to events, concerts and other situations of such nature if the date of ad broadcast on the Site falls within the same number of days (duration of effective advertising). For such short term advertising, please refer to the Advertise page.
- TERMINATION OR CANCELLATION OF ADVERTISEMENTS: Any termination or cancellation of advertisements shall be conveyed in writing or by email to the Site Owner 48 hours in advance. You may terminate this Agreement with or without cause at any time by sending written notice of Your desire to cancel Your intention to advertise. This Agreement will be deemed terminated within seven (7) business days of receipt of Your written notice.
- CONFIDENTIALITY: You agree not to disclose confidential information communicated between the Site Owner and You. This includes any information disclosed or made available to you by the Site Owner, directly or indirectly, whether in writing, orally or visually. This would exclude information that:
- is or become publicly known and generally available other than through your action or inaction; or
- is already displayed on the Site and is available for information for the reading interest of Site visitors; or
- was already in your possession (as documented by written records) without confidentiality restrictions before You received it from the Site Owner.
- NO WARRANTY: The Site Owner is not responsible for any content, site or business that is linked to or from the advertisements under this Agreement and programme. To the extent allowed by law, the Site Owner makes no warranty of any kind, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose or reason, and non-infringement. The Site Owner makes no warranty and no representation about the results You will obtain through the programme under this Agreement, including but not limited to any representation regarding the revenue you will earn through the advertisements. This warranty disclaimer shall apply to the maximum extent permitted by law.
- LIMITATIONS OF LIABILITY: You expressly agree to the following limit of liability, that the Site Owner will not be liable for any lost profits, loss of data, costs of procurement of substitute goods, merchandise or services, or for any other indirect, special, incidental, punitive or consequential damages arising out of or in connection with this Agreement, however caused, and under whatever cause of action of theory of liability brought, even if the Site Owner has been advised of the possibility of such damages.
- INDEMNIFICATION: You agree to indemnify, defend and hold the Site and the Site Owner harmless from and against any and all third party claims, liability, loss and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against the Site and the Site Owner, arising out of, related to or which may arise from Your use of the advertising programme under this Agreement and/or Your breach of any term of this Agreement.
- IN CLOSING: The clauses and pricing rates on the Advertise page and this page constitutes the entire Agreement between the Site Owner and You with regard to the subject matter covered therein and herein. Any other terms and conditions (whether verbal, written, or both) are superseded.
BY CLICKING THE BUTTON BELOW, YOU AGREE TO PROCEED AND BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL RULES AND REGULATIONS ON ADVERTISING, POLICIES AND GUIDELINES OF THIS SERVICE INCORPORATED BY REFERENCE. UPON CLICKING THE BUTTON BELOW, YOU WILL BE TAKEN TO THE NEXT PAGE WHERE RELEVANT COMMUNICATION DETAILS WILL BE MADE AVAILABLE TO YOU. THE NEXT PAGE AND THE DETAILS CONTAINED THEREIN ARE NOT AVAILABLE ON OR LINKED FROM ELSEWHERE ON THIS SITE.