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Rules & Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use.
TERMS AND CONDITIONS
This agreement applies as between you, the User of this Website and Americanboll, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
This rules and or terms and conditions are subject to change without notice so it is your responsibility to read it from time to time.
1. DEFINITIONS AND INTERPRETATIONS
In this Agreement the following terms shall have the following meanings:
“ACCOUNT” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“CONTENT” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“AMERICANBOLL” means www. Americanboll.com or Americanboll;
“SERVICE” means collectively any online facilities, tools, services or information that Americanboll makes available through the Website either now or in the future;
“SERVICES” means the services available to you through this Website, specifically providing an online platform where uses can network and legally share materials which should not infringe on copyrights.
“PAYMENT INFORMATION” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit /debit card numbers, bank account numbers and sort codes;
"PORNOGRAPHY" means any material or image within or outside a news content which is an explicit portrayal of sexual subject matter. Pornography may consist in a variety of media, including books, magazines, postcards, photos, drawing, painting, animation.
“PURCHASE INFORMATION” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“SYSTEM” means any online communications infrastructure through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“USER” / “USERS” means any third party that accesses the Website and is not employed by Americanboll;
“WEBSITE” means the website that you are currently using (www.americanboll.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“CLIENT” means someone buying services from a us at www.americanboll.com;
2. AGE RESTRICTIONS
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
2.1 PORNOGRAPHY/OFFENSIVE MATERIAL
Pornographic content is strictly forbidden on this website. Violation of this clause will result in suspension of account and prosecution will not be ruled out where considered necessary by management. We reserve the right to take down any image or material which might be difficult to be classed as outright pornography but considered pornographic by management. Any other material judged offensive by management will be taken down and legal steps taken if deemed necessary.
3. BUSINESS CUSTOMERS
These Terms and Conditions do apply to customers procuring Services in the course of business and non-business users.
4. INTELLECTUAL PROPERTY
4.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Americanboll, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 4.3 and Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Americanboll.
4.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 If you print off, copy or download any part of our site
4.5 Copyright permission must be obtained for images or any other material you post on this site as we will not assume any responsibility for any copyright infringement.
5. THIRD PARTY INTELLECTUAL PROPERTY
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in any product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. FAIR USE OF INTELLECTUAL PROPERTY
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Americanboll or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.americanboll.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Americanboll. To find out more please contact us by email at email@example.com or write to our address.
9. ACCESS TO WEBSITE AND USE OF COMMUNICATIONS FACILITIES
9.1 Access to www.americanboll.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
9.2 When using the enquiry form (when provided) or any other communication System on the Website you should do so in accordance with the following rules:
• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• You must not submit Content that is intended to promote or incite violence;
• It is advised that submissions are made using the English language as we MAY be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of Americanboll or our affiliates; and
• You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.3 You acknowledge that Americanboll reserves the right to monitor any and all communications made to us or using our System.
9.4 You acknowledge that Americanboll may retain copies of any and all communications made to us or using our System.
9.5 You acknowledge that any information you send to us through our System or post on our blog may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.1 In order to procure Services on this Website and to use the payment facilities you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that if and when required:
• all information you submit is accurate and truthful;
• you have permission to submit Payment Information where permission may be required; and
• you will keep this information accurate and up-to-date.
10.2 It is recommended that you do not share your Account details, particularly your username and password. Americanboll accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Americanboll immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending where possible. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, [Americanboll accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR [Americanboll will suspend provision of Services and the withdrawal of any scheduled payments within its control pending investigation. Following investigation, Americanboll shall take steps as it deems appropriate.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. TERMINATION AND CANCELLATION
11.1 Either Americanboll or you may terminate your Account. If you decide to terminate your Account, you can write to admin@Americanboll.com. If Americanboll terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If Americanboll terminates your Account, any current or pending transactions or payments on your Account will be cancelled and provision of Services will not commence; hence you are advised to ensure that there are NO outstanding transactions prior to cancellation.
11.3 Americanboll reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
12. AMERICANBOLL LTD FEES
12.1 Americanboll does not charge a fee to the user for using our website by way of signing up and/or signing in.
12.2 We charge a fee for uploading adverts after signing in. These fees changes from time to time. We also reserve the right to terminate an advert campaigned if we deem it necessary. If termination is as a result of user violation of the terms, no refund will be made. Americanboll will determine if a violation of the terms in this instance has occurred. If necessary, it is the user’s responsibility to ensure that recurring payments are discontinued after subscription by disabling from payment provider account such as PayPal.
12.3 Whilst every effort has been made to ensure that all descriptions of Services available from Americanboll correspond to the actual Services, Americanboll is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
12.4 All pricing information on the Website is at the discretion of Americanboll at the time of going online. Americanboll reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated from time to time.
12.5 As part of services offered Americanboll has a blog and website advertisement platform. This platform is billed using a recurrent payment system via an automatic payment profile. Americanboll uses various payment collection media such as PayPal for the collection of this payment and you as a user of such third party medium should read their terms and conditions separately as Americanboll would not be responsible for any of the terms of such third party services.
12.6 In the event that prices are changed during the period between an order being placed for Services and Americanboll processing that order and taking payment, you will either be contacted prior to your order being processed with details of the new price OR provision of Services shall commence as per your order and you will be charged the original price.
12.7 All prices on the Website do not include VAT. Americanboll is yet to qualify for VAT registration in the United Kingdom.
13. PROVISION OF SERVICES
13.1 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.2 You cannot use any company names or company logos / imagery in your Profile or promote contact details anywhere on the site. Each account must be a personal account, but you may trade as a sole trader, company or any other permitted legal entity (incorporated or unincorporated).
13.3 In the event of any observed problem with our online platform, you should contact us within 7 days to inform us. However we are under no obligation to do anything about it as is contained in this terms and conditions.
13.4 Americanboll reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.4.1 Any use or enjoyment that you may have already derived from the Services;
13.4.2 Any characteristic of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Americanboll. Such discretion is to be exercised only within the confines of the law.
14.2 We may collect the following information: name and date of birth, contact information including email address gender and demographic information such as postcode, preferences and interests other information relevant to customer surveys and/or offers. What we do with the information we gather: we require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping, to improve our products and services. In future we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. We may also use the information to customise the website according to your interests.
14.3 We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable procedures to safeguard and secure the information we collect online which in turn is subject to our terms. Though we have put necessary procedures in place to the best of our ability in order to secure your information; however, we have no control over an unwelcomed event of our third party programmers or contractors' accidental breach during site maintenance.
We will make every effort as much as lies in our power to ensure your information is secure. However, we will not be held liable for those third party breaches. In the event of any third party breach we will furnish you with the third party information available to us so that you can deal with these third parties directly. If you do not agree with this please do not use this website.
15.1 Americanboll makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
15.4 The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
15.5 We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
15.6 Whilst Americanboll uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, ALL Users are advised to take responsibility for their own security, that of their personal details and their computers.
16. CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
Americanboll reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions.
These terms and conditions published on May 2013 replaces with immediate effect the terms and conditions previously published.
17. AVAILABILITY OF THE WEBSITE
17.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and /or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
17.2 Americanboll accepts no liability for any disruption or
non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17.3 If the need arises, Americanboll may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
18. LIMITATION OF LIABILITY
18.1 To the maximum extent permitted by law, Americanboll accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts Americanboll’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
18.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18.4 The material displayed on Americanboll’s site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Americanboll, and third parties connected to H Americanboll hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect Americanboll’s liability under applicable law.
19. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. THIRD PARTY RIGHTS
The agreement created by these Terms and Conditions is between you and Americanboll.
22.1 All notices / communications shall be given to us by email to firstname.lastname@example.org or either of the appropriate emails listed in our Contact Us page. Such notice will be deemed received 5 working days after posting if sent by first class post within the UK, the day of sending if the email is received in full on a business day and on the next business day if the email is sent after closing hours 9am to 5 am GMT and on a weekend or public holiday.
22.2 Americanboll may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.
23. LAW AND JURISDICTION
These Terms and Conditions and the relationship between you and Americanboll shall be governed by and construed in accordance with the Law of England and Wales and Americanboll and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
I have read, and agree to abide by the Rules & Conditions.
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