Advertising terms & conditions

This Website Advertising Terms and Conditions Agreement (the “Agreement”) governs the

advertising on and use of the bikedealer4u.co.uk website(s), by advertisers (“Advertiser”)(such

advertising and use, “Advertising Services”). Advertising on any of the Sites constitutes

Advertiser’s and Advertiser’s agency’s acceptance of this Agreement. References in this

Agreement to “you” and “your” refer to Advertiser and its agency, if any

. We reserve the right to amend this Agreement at any time by posting an updated version. Advertiser should therefore

periodically visit this page to review the then-current Agreement. Advertising on any of the Sites

after our posting of amendments to this Agreement will constitute Advertiser’s acceptance of this

Agreement, as modified. Advertiser agrees to be bound by the Website Terms and Conditions

and the Advertising terms & conditions which are also made part of this Agreement and are hereby incorporated

by reference. If, at any time, Advertiser does not wish to accept this Agreement then Advertiser

may not advertise on this website.

 

DISPLAY

All advertisement is subject to our prior approval. We have the right in our sole and absolute

discretion to reject or cancel any advertisements at any time for any reason. In the event we cancel

an advertisement not in connection with a breach of this Agreement by Advertiser then Advertiser

shall be responsible for advertising fees through such cancellation. BD4U is not responsible for

errors or omissions in any advertising materials provided by Advertiser or its agency. Unless

otherwise agreed by BD4U and Advertiser in writing, BD4U shall have the right to insert the

advertising in various areas of the site in BD4U sole discretion. You grant BD4U a limited license to

store, transmit, reproduce, distribute and display your advertisements to the extent necessary for

BD4U to provide the Advertising Services to you.

 

PAYMENT

All advertising accepted on a credit basis must be prepaid. Credit terms applicable to any

Advertiser or its agency are solely within our discretion and may be changed or discontinued by us

at any time. In the event that Advertiser fails to make payment as and when due, we may

immediately cancel all orders for advertising. We reserve the right to hold Advertiser and its

advertising agency jointly and severally liable for such monies as are due and payable to us. Our

advertising rates are subject to change without notice. Special clauses and insertion orders or

contracts are not accepted if relating to our legal liability. In the event BD4U does not receive

payment or Advertiser or its agency otherwise breach the terms of this Agreement, Advertiser and/

or its agency shall pay all of BD4U costs and expenses in connection with enforcement and/or

collection proceedings including attorneys fees. Advertising fees are non-refundable unless the

advertisement is cancelled prior to the commencement of the advertising campaign, which is

defined as the moment the advertisement is first published on the internet.

Advertiser and its agency agree to pay any federal, state or local tax or other charges which may be imposed on any

of their advertisements, or any products or services offered, sold, or licensed through the

advertisements or the Advertiser’s website, in addition to fees charged by us.

 

GENERAL REQUIREMENTS

  1. All advertisements placed on the Sites are governed by the following conditions:

 

  • Advertisements must not be false, misleading, fraudulent or deceptive.
  • Advertisements must clearly represent the company, product or brand that is being

advertised.

  • Advertisements must not include unsubstantiated claims, including but not limited to prices,

discounts or product availability.

  • Advertisements must comply with all applicable laws and required or recommended

industry codes, guidelines, licenses and approvals.

  • Advertisements must include all applicable, required or recommended disclaimers, notices

and warnings.

  • Advertisements cannot include any content that infringes upon the rights of any third party,

including copyright, trademark, privacy, publicity or other personal or proprietary right.

  • Advertisements may make limited references to the Site in its title, body or image but

cannot imply any endorsement of the product, service or advertisement destination by the Site or

BD4U.

  • Advertisements cannot use the Site or BD4U’s logo , icons or any of our other trademarks.
  • Advertisements cannot require viewers to click on the advertisement to submit personally

identifiable information (such as name, date of birth, phone numbers, physical addresses or email

addresses) on the landing page or in the advertisement, except to enable an ecommerce

transaction and where the advertisement and landing page clearly indicate that a product is being

sold.

  • Any targeting of advertisements based on a user attribute such as age, gender, location or

other user attribute, must be directly relevant to the offer and cannot be done by a method

inconsistent with our privacy policy.

  • Advertisements cannot offer incentives to viewers for clicking on the advertisement, for

submitting personally identifiable information (such as name, date of birth, phone number, physical

addresses or email addresses) or for performing any other tasks.

  • Advertisements which receive a significant amount of negative user feedback or are

otherwise deemed in violation of our community guidelines or other applicable policies will not be

permitted.

  1. Advertisement text must be grammatically correct, use correct spelling and punctuation,

contain proper sentence structure, include grammatically correct spacing and be written in

complete sentences. Advertisements cannot include excessive repetition (such as “buy, buy, buy”),

excessive capitalization (such as “FREE”), repeated and unnecessary punctuation or symbols

(such as “Buy now!!!”) or incorrect capitalization (such as capitalizing The First Letter Of Every

Word in a sentence). The use of all symbols, numbers or letters must adhere to their true meaning

and exclamation points cannot be used in the title of any advertisement.

  1. Unless authorized by us, your advertisements may not display user data — such as users’

names or profile photos — whether that data was obtained from us or otherwise. You may not use

user data you receive from us or collect through running an advertisement, including information

you derive from your targeting criteria, for any purpose outside of the Sites without user consent.

You may not give data you receive from us to any third party, including advertising networks.

  1. You cannot create or manage multiple Site accounts for advertising purposes unless given

permission by us to do so. You cannot programmatically automate the creation of accounts or

advertisements unless given permission by us to do so.

  1. Advertisements containing prices, discounts and free offers advertisements cannot be

deceptive or fraudulent about any offer made. If an advertisement includes a price, discount or

‘free’ offer the following conditions apply:

  • The destination URL for the advertisement must link to a page that clearly and accurately

offers the exact deal the advertisement has displayed;

  • The advertisement must clearly state what action or set of actions is required to qualify for

the offer.

  1. Advertisements for subscription services are any service or any site that induces a user to

sign up for recurring billing of a product or service, including but not limited to sites that promote

the downloading of ringtones, games or other entertainment (“Subscription Services”). The

advertisement of Subscription Services must comply with the following conditions:

  • The advertisement must clearly state what action or set of actions is required to qualify for

the offer. If the user must subscribe to a service, the service and offer requirements must both be

stated in the advertisement.

  • The recurring subscription must be consistent with what is promoted in the advertisement

copy.

  • At a minimum, the promoted website must clearly and accurately display the price and

billing interval (such as per week or once per month) on the landing page as well as on any page

that prompts a user for personally identifiable information (such as name, date of birth, phone

number, physical addresses or email addresses) or billing information (including, but not limited to,

mobile phone number or credit card number).

  • If users sign up for the service by transmitting a code by text message, the price and billing

interval must be clearly and prominently displayed beside the code.

  • If the service is a subscription, the website must provide a prominent opt-in checkbox or

other clear mechanism indicating that the user knowingly accepts the price and subscription

service. This should be on the first page where the user enters personal data, and the user should

not be able to proceed without opting in.

  • All of the foregoing items should be located in a prominent place on your webpage, as

determined by us in our sole discretion, and should be easy to find, read and understand.

  1. When you place an advertisement on the Sites, you can choose a landing page (destination

URL) that the user will be directed to when they click on the copy or image content. All landing

pages must abide by the following conditions:

  • The content on the landing page must directly relate to the copy and image content of the

advertisement. Any products or services promoted in the advertisement must be directly available

on the landing page.

  • Where an advertisements contains a URL or domain in the copy the landing page must be

the same URL or domain.

  • Landing pages cannot generate a pop-up (including “pop-overs” and “pop-unders”) when a

user enters or leaves the page.

  • Landing pages cannot use “fake” close behavior (ie. when a user clicks the ‘close’ icon on

the page, the page should close down and no other behavior should result).

  • Landing pages cannot emulate features of any of the Sites or otherwise be designed to

appear as original Site content.

  • Landing pages cannot utilize “mouse trapping” whereby the advertiser does not allow users

to use their browser “back button” and traps them on their site and/or present any other

unexpected behavior (for example, navigation to another advertisement or page).

  • Landing pages cannot contain or link directly or indirectly to a site that contains spyware/

malware downloads, whether initiated automatically or manually by the user, or other auto-initiated

downloads.

  • Landing pages cannot collect, or facilitate the collection of, demographic and usage

information from a user’s computer without the user’s express consent.

  • Landing pages cannot collect or request Site usernames or passwords.
  • Landing pages cannot proxy Site usernames or passwords for the purpose of automating

logins to the Sites;

  • Landing pages cannot contain, facilitate or promote any software that results in an

unexpected user experience, including but not limited to software which: (i) “sneaks” onto a user’s

system and performs activities hidden to the user, (ii) may alter, harm, disable or replace any

hardware or software installed on user’s computer without express permission from the user, (iii) is

bundled as a hidden component of other software whether free or for a fee, (iv) automatically

downloads without the our express prior approval, (v) presents any download dialogue boxes

without a user’s express action, or (vi) may violate or infringe upon the intellectual property rights

of any third party, including copyright, trademark, patent or any other proprietary right.

  1. Prohibited content advertisements cannot contain, facilitate, promote or reference any of

the following:

  • Offensive, profane, vulgar, obscene or inappropriate language;
  • Obscene, defamatory, libelous, slanderous and/or unlawful content;
  • Insulting, harassing or threatening content;
  • Dating sites, services or related content;
  • Gambling, including without limitation, any online casino, sports books, bingo or poker;
  • Scams, illegal activity or chain letters;
  • ‘Spam’ or other advertising or marketing content that violates applicable laws, regulations

or industry standards

  • Contests and sweepstakes unless given permission by the us to do so;
  • Get-rich-quick and other money-making opportunities that offer compensation for little or no

investment, including “work from home” opportunities positioned as alternatives to part-time or fulltime

employment or promises of monetary gain with no strings attached;

  • Adult content, including nudity, sexual terms and/or images of people in positions or

activities that are excessively suggestive or sexual or provocative images;

  • Adult friend finders or dating sites with a sexual emphasis;
  • Adult toys, videos or other adult products;
  • Uncertified pharmaceutical products;
  • Spy cams or surveillance equipment;
  • Web-based non-accredited colleges that offer degrees;
  • Inflammatory religious content;
  • Politically religious agendas and/or any known associations with hate, criminal and/or

terrorist activities;

  • Content that exploits political agendas or uses “hot button” issues for commercial use

regardless of whether the advertiser has a political agenda;

  • Hate speech, whether directed at an individual or a group and whether based upon the

race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender

identity or language of such individual or group;

  • Content that advocates against any organization, person or group of people, with the

exception of candidates running for public office;

  • Content that depicts a health condition in a derogatory or inflammatory way or

misrepresents a health condition in any way.

  1. We may refuse advertisements at any time for any reason, including without limitation, that

we deem a business model or practice unacceptable, that they promote competing products or

services, that they negatively affect our relationship with our users or the businesses or events

featured on the Sites or that they are contrary to our advertising business philosophy.

 

 

OWNERSHIP [Interlectual Property Rights]

The entire content and materials contained within the Site (the “Content”), including, but not limited

to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the

Site and other intellectual property (the “Content”) are owned by or licensed to BD4U to the fullest

extent under the copyright laws of the UK and other countries. Images of people or places

displayed on the Site are either the property of, or used with permission by, BD4U. You may not

reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content

without our prior written consent. We neither warrant nor represent that your use of materials

displayed on the Site will not infringe rights of third parties not owned by or affiliated with BD4U.

We may redesign the Site in our sole discretion at any time.

The BD4U website, and names and logos are the property of BD4U. All other trademarks, logos

and service marks (those of BD4U and third parties, collectively, the “Trademarks”) appearing on

the Site are Trademarks of their respective owners, whether or not appearing in large print or with

a trademark symbol. Nothing contained on the Site or this Agreement should be construed as

granting you any license or right to use any Trademark displayed on the Site without the written

permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other

content on the Site, except as provided in this Agreement, is strictly prohibited.

COMPLIANCE WITH LAWS/REGULATIONS

All advertisements are accepted and made available on the Site upon your warranty that you are

authorized to make available on the Site the entire contents and subject matter of the

advertisement and that such advertisement will not violate any law or infringe upon any right of any

party. You are required to comply with all applicable laws and regulations in connection with your

use of the Site and your advertising on the Site (including without limitation, laws relating to user

privacy and the gathering, storage and usage of personally identifiable information collected from

end users of the advertisements) and such further limitations as may be set forth in any written or

on-screen notice from us. By using the any of the Site or advertising on any of the Site, you

represent and warrant that you will not use the Site for any purpose that is either unlawful or

prohibited by this Agreement. If Advertiser or its agency becomes aware of a suspected or actual

breach of security or unauthorized access affecting personally identifiable information, Advertiser

or its agency will notify BD4U as soon as possible and take all action necessary and required to

address the breach.

 

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, BD4U DISCLAIMS ALL WARRANTIES,

EXPRESS AND IMPLIED, ASSOCIATED WITH ADVERTISING AND RELATED SERVICES

 

PROVIDED ON THE SITE, ADVERTISER’S USE OF OR PARTICIPATION IN THE

ADVERTISEMENT SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT,

INCLUDING, WITHOUT LIMITATION: (A) EXPRESS OR IMPLIED WARRANTIES; (B)

WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE

USAGE; (C) WARRANTIES OF UNINTERRUPTED OPERATION WITHOUT ERROR; (D)

IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A

PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES; AND (E) EXPRESS OR IMPLIED

WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND/

OR PERFORMANCE OF THE ADVERTISING SERVICES. ADVERTISING SERVICES ARE

PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES

WHATSOEVER. WITHOUT LIMITING THE FOREGOING, BD4U DOES NOT GUARANTEE ANY

GIVEN LEVEL OF CIRCULATION, DISTRIBUTION, REACH OR READERSHIP FOR ANY

ADVERTISEMENT.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL BD4U BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT

DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF ADVERTISER OR

ANY THIRD PARTIES (IF ANY). IN NO EVENT SHALL BD4U BE LIABLE UNDER THIS

AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE

DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BD4U

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOT WITH STANDING

ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AGGREGATE LIABILITY

TO ADVERTISER AND ITS AGENCY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED

TO THE LESSER OF (A) THE AMOUNT PAID TO BD4U BY ADVERTISER FOR THE AD GIVING

RISE TO THE CLAIM AND (B) £100. EACH PARTY ACKNOWLEDGES THAT THE OTHER

PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF

LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF

THE BARGAIN BETWEEN THE PARTIES.

 

INDEMNIFICATION

In consideration of the placement of advertisements on one or more of the Site, Advertiser and its

agency, if any, shall jointly and severally indemnify, hold harmless and, at BD4U’s sole and

exclusive discretion, defend, BD4U and its subsidiaries, affiliates, owners, directors, officers,

agents, and employees, (“Indemnified Person(s)”) at all times from and against any and all third

party claims, liability, loss, and expense (including damage awards, settlement amounts, and

reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or

which may arise from Advertiser’s advertisements on the Site(s), your website(s) and links to your

website(s), and your breach of any term or condition of this Agreement. The indemnifying party

may not agree to any settlement that imposes any obligation or liability on an indemnified entity

without that entity/party’s prior express written consent.

 

CONFIDENTIALITY

The financial and other terms of the Advertising Services provided hereunder are confidential and

shall not be disclosed by Advertiser or its agency to any third party.

 

CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of the UK,

excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive

jurisdiction and venue of the UK or, for matters not susceptible of adjudication in the federal courts,

the courts of the UK, in all disputes arising out of or relating to the use of the Site, the Advertising

Services or this Agreement.

 

SEVERABILITY AND INTEGRATION

This Agreement constitutes the entire agreement between you and us and governs your use of the

Advertising Services, superseding any prior or contemporaneous communications and proposals

(whether oral, written or electronic) between you and us. If any portion of this Agreement is held

invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law

to reflect, as nearly as possible, the original intention of the parties, and the remaining portions

shall remain in full force and effect. This agreement may be modified only by our posting on the

Sites changes to this Agreement, or by a subsequent writing signed by us.

 

NO WAIVER

Our failure to enforce any provision(s) of this Agreement or to respond to a breach by you or other

parties shall not in any way waive our right to enforce subsequently any terms or conditions of this

Agreement or to act with respect to similar breaches.

 

TERMINATION

We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or

part of the Site and/or Advertising Services, with or without notice and with or without cause. The

provisions of this Agreement will survive the termination of your access to the Site and Advertising

Services.

 

NOTICES

At our option, we may give notices to users of the Advertising Services by posting a message on

the Site, by electronic or conventional mail or by any other means by which users obtain actual

knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any

notices you send to us by electronic mail must be sent to Info@bikedealer4u.co.uk. Notices to us

by conventional mail must be sent to: bikedealer4u, Bikedealer 4U House, PO Box 269, Chester-Le-Street. DH3 9ET.

Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.