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WE will never divulge your details to a third party without your express permission.
Terms and Conditions applicable for advertisers advertising with Yellbay.com We are: Omega Environmental Ltd T/asYellbay.com, a private company based in the UK and for the purposes of these terms and conditions will be known as yellbay.com or yellbay. You are an advertiser at our Web Site(s) The terms and conditions1 Definitions “Advertisement” means the advertisement placed by the Advertiser on Web Site. "Content" means the text, information, photographs, graphics, and other material on the Web Site. “Intellectual Property” means all intellectual property including trademarks, logos, copyrights used on or associated with the Web Site. “Registrant” means any person or entity who registers as a user on this website.“Reports” means the reports automatically prepared on the Web Site for the purpose of providing us with statistics relating to Traffic and other uses of this Web Site. “Services” means the provision of advertisement space and directory services and any other services provided by us at any time in the Web Site. “Software” means all or part of the software which is pat of or which supports the Web Site. “Visitor” means a person who visits the Web Site. “Web Site" means www.Yellbay.com, operated by us and on which you place Advertisements. “We”, “Us” means Yellbay.com. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner. "you” or “yours” means you, an advertiser or registrant or visitor at our website, who may place a “Advert”, or an advertising link on the Web Site. These are the agreed terms: 2 Purpose of agreement 2.1 You are allowed to place advertisements on the Web Site for free subject to the terms of this agreement and any enhanced pricing plans which are available to you to use. 2.2 By posting your free Advertisement using our Services you agree that we can send you e-mail messages concerning the status of your Advertisements, promotional offers or other such messages as deemed appropriate in our sole discretion. You agree that you may from time to time receive offers from us either by email, post, text message or telephone. 2.3 Your e-mail address will not be made available to independent third parties. 3 Content of Advertisement 3.1 The advertisement may or may not include the following:
3.1.1 E-mail Address of the Advertiser
3.1.2 Address of the web site of the Advertiser
3.1.3 Phone number(s) of the Advertiser
3.1.4 A description of the goods or services offered 3.2 The Advertisement shall be of reasonable length. Too lengthy Advertisement(s) shall be rejected. 4 Prohibited Advertisement(s) Following Advertisement shall not be allowed: 4.1 Advertisements that contain executable/dynamic html code, java script or any other executable codes except those allowed for in any pricing plans or enhanced adverts. 4.2 Advertisements that contain adult, abusive, defamatory, obscene or racial content. 4.3 Advertisements that are in violation of copyright or trademark laws. 4.4 Advertisements selling or promoting:
4.4.1 Illegal Weapons, ammunitions or other articles of mass destruction,
4.4.2 Illegal Drugs or other addictive products,,
4.4.3 Other unlawful, unethical, immoral or illegal goods or services.4.5 Advertisements must contain accurate titles that are descriptive of the goods or service being offered.
4.5.1 Advertisements that contain non-descriptive titles will be rejected.
4.5.2 Advertisements that contain non-alphanumeric characters in the title will be rejected 5 Posting of Advertisement(s) Following terms may apply for posting and processing of all Advertisements on Web Site: 5.1 All adverts may be reviewed by a human operator before they go live on our website to ensure they meet our rules. 5.2 If you edit an advert then it may be queued for review before the changes go live. 5.3 Adverts are usually reviewed within 24 hours but it maybe longer or shorter. 5.4 Advertisements shall be posted in the order they are received. 5.5 You are responsible for deleting your advert if the goods or services you have for offer are no longer available. You can delete or edit your advert(s) at anytime by logging in to your account at www.yellbay.com 5.6 Each Advertisement shall be placed in one category/sub-category only. Identical or similar adverts placed in multiple categories will not be accepted. 6 Our Rights in relation with Advertisement(s) 6.1 You are solely responsible for the content of any Advertisement you submit using the Service. 6.2 Any Advertisement that you post using our Service may be edited, removed, modified, published, transmitted, and displayed by us and you waive any moral or legal rights you may have in having the material altered or changed in a manner not agreeable to you. 6.3 Despite anything contained in this Agreement, we reserve the right to reject any Advertisement in our sole discretion. We also reserve the right to remove any Advertisement if we believe the same to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable or inappropriate in our sole discretion. 6.4 We also reserve the right to exclude any web address or IP address which is deemed to violate these terms and conditions in more than 2 instances7 Termination We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you. 8 Content and Intellectual Property Rights Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of Yellbay.com and / or the other Content provider. We will strongly protect such rights in all countries. 9 Indemnity You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or entity. 10 Interruption to the Service 10.1 If it is necessary for us to interrupt the Services, we may do so without telling you in advance. 10.2 The Services may also be interrupted for reasons beyond our control. 10.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services. 10.4 We or our contractors may from time to time suspend services to carry out maintenance work on our computers or systems.11 Representations and Warranties 11.1 You agree and warrant that no Advertisement submitted by you or acted upon or responded to, by you shall: 11.1.1 violate, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or11.1.2 Contain libelous or otherwise unlawful material. 11.2 You expressly agree that use of the Service is at your own risk. We do not make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained from use of the Service. The Service is provided on an "as is" basis and we specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements of these conditions. 11.3 We shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to: 11.3.1 Your use or inability to use the Service;
11.3.2 Any errors, omissions or defects in the content; or
11.3.3 any interruptions, delays in transmission or computer viruses. 12 Messaging System 12.1 We provide a web based messaging system so that users can correspond with each other 12.2 You agree solely to use the messaging system for making genuine enquiries into other advertisements for private non-commercial reasons. 12.3 You agree not to abuse the messaging system by sending spam or other junk messages to users such as messages promoting other websites, businesses or services. 12.4 We may limit the number of messages that you are able to send to other users each day, each week, or each month. 12.5 Messages that are sent via the messaging system are stored in our database for a period of time and are read by staff for quality control, security and legal reasons. 12.6 Messages will be deleted from time to time. This is usually after around 60 days but it may longer or shorter. 13 Links The Web Site contains links to other web sites, resources, and sponsors. We are not responsible for the availability of these outside resources, or their contents. We make all efforts to maintain working links at all times, however, we are not responsible for 100% working links at all times. 14 Force majeure We shall not be liable for any interruptions in Service resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities and strikes of its own employees, and the date of delivery of the work/assignment/payment be extended to the extent of any delay resulting from such force majeure event. You agree that we are not liable to give you notice in such a situation. 15 Relationship of Parties It is agreed that we and you are independent parties and nothing in this agreement creates any partnership, joint venture, agency, franchise, or employment relationship between us. Successors to the agreement:- 15.1 We may assign this Agreement or any of our rights and obligations hereunder without the notice or information to you. 15.2 The Advertiser shall not permit any part of the benefit of this agreement to be used by any other person except a person to whom the Advertiser’s business has been sold or transferred. 16 Contract is divisible Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such deletions as may be necessary to make it valid and enforceable. 17 Notices Any notice to be served on either of the parties by the other shall be sent by first class post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number. 18 Headings The headings in this document are for reference only. 19 Dispute Resolution In the event of a dispute arising out of or in connection with this Agreement and which has not been resolved following discussions and negotiations between a person or persons appointed or authorized by the parties to this Agreement then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20 Waiver The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this contract. 21 Jurisdiction This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.
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