ADVERTISER AGREEMENT

Last update: 12/01/2016

 


 

This Advertiser Agreement (hereinafter referred to as: “Contract” or “Agreement”) was freely stipulated and entered into without any pressure or duress whatsoever as of (insert date) between:

Aircraft Sales USA, LLC., a private, legally bound entity establishes under relevant U.S. governing law, registered in the respective U.S. Companies‘ Registry (hereinafter referred to as: Service)

and

User of the Aircraft Sales USA Website, a private individual or entity having expressed consent to the Terms of Service, Privacy Policy and this Agreement by express means of full or simplified digital signature or conclusive means of repeated visitation and use of this Website (hereinafter referred to as: User)

 

WHEREAS, the User is hereby acquainted of all rights and obligations arising from and out of this Agreement, the Service’s Terms of Service and Privacy Policy.
WHEREBY, the Service, as an open platform reaching outside the prescribed scope of the Terms of Service and Privacy Policy uses its discretionary rights of authorizing the User to become an advertising user/member of the Website.
WHEREBY, the User agrees to the Terms set out in this Advertiser Agreement, Terms of Service and Privacy Policy of the Service. This agreement is to further have effect and application on any of the Service’s respective domains and subdomains, and is publicly accessible to all Users to be acquainted with.

 

Therefore, in consideration and respect to all the mutually stipulated provisions, promises and obligations made by the Parties in this specific Contract, the Parties covenant and agree as follows:

    1. Obligations of User
      1. As an authorized User, you are to withhold of:
        1. Use the Website(s) if:
          • You have been temporarily or permanently banned
          • You are under legal age to form a contract
          • You are of insufficient legal capacity to form a contract
          • Violate any:
            • Policies or Terms set out in this Agreement
            • Policies or Terms set out on our Website
            • Statutory provisions of your relevant jurisdiction
            • Rights of third parties
            • Ethics and etiquette expected of an authorized User
          • Fail to deliver:
            • Payment for offered goods or services
            • Goods or delivers purchased from you, except:
              • If buyer fails to meet the required terms
              • You are unable to authenticate the identity of the third-party you are dealing with
          • Manipulate in any way with any:
            • Prices of goods or services offered on our Service
            • Process of billing
            • Processing fees
          • Publish, distribute or copy:
            • False, inaccurate, defamatory or libelous content (not excluding personal information)
            • Spam, creating pyramid schemes between authorized Users
            • Viruses or trojan horses from or to the Website(s)
            • Publish, distribute, harvest or aggregate and analyze personal information you may have access to
            • Copy, create derivatives of, sell, sublet, lend or otherwise deal with the proprietary rights of the Website and its Software.

 

    1. Termination of Agreement due to Breach of terms
      1. The Service works in coordination with Authorized Users to circumvent any problems, offensive content or policy violations. Authorized Users are to report any of the aforementioned to the Service’s administrators and staff. Without limitation to legal remedies and rights arising from legal liabilities of breach of terms under penalty of civil and criminal statutory provisions of the relevant jurisdiction, the Service reserves the right to: Terminate this Agreement with any individual user, limit, suspend or terminate the User accounts, ban User accounts from accessing the Website and Cancel unconfirmed Accounts.

 

    1. Services and Fees
      1. The Service works as a facilitator in bringing together Third-party sellers and potential Buyers in connection with transactions involving merchandise and services. For the purposes of this subsection, merchandise and services will be referred to as: “offered goods”. For the purposes of this Section, a third-party Seller is a registered User which publishes listings on our Service. Buyers are a group of registered Users which conclude contracts with third-party Sellers. The Service has no discretionary or bargaining rights as to the mutual agreements or promises that potential Buyers and third-party Sellers make whilst utilizing the Service. The Service is not an employer, agent or other form of financial supported of any User, and as such advises all Users to get acquainted with the taxation laws that may apply to them upon concluding a successful sale.
      2. Pricing and other negotiations and bargaining are in the sole discretion between the parties involved in the specific transaction preceeding the sale of Goods.
      3. Listings are subject to fees, according to the last displayed available information via the Service upon Checkout. Listing fees are to apply to any listing submitted via the Service, regardless of the outcome. Listing fee tariffs may be changed, according to the demand of Listings on the specific Website(s). Listings are non-refundable by nature, and no refunds will be accepted by the Service. The Service reserves full discretionary rights in regards to listings, as well as editing, modifying, reclassifying or rejecting to publish the listing. If the Service is to reject publishing of listing(s), no fees are to be charged to the third-party Seller.
      4. Third-party Sellers are obliged to fulfill the content of the promises made in the listing, without exclusion to modes of transfers of ownership title(s) of the offered Goods. They are further required to provide certain contact information for potential Buyers. Third-party sellers hereby declare that the submitted information on the respective listing will be accurate, up-to-date, non-misleading and non-fragulent. Under penalty of criminal and civil proceedings, third-party Sellers hereby assume all responsibility of breach of these provisions. Third-party sellers are not to use the Service for promotional purposes without prior express consent in writing by the Administrative staff of the Service.
      5. The Service cannot reasonably guarantee the truthfulness or accuracy of information listed on the specifics ads or listings by third-party Sellers on its Website(s). The Service urges every party to use general precaution, due diligence and sound mind prior to making a transaction whilst utilizing the Service. The Service has reserved full discretion rights reserved in case of breach of any provisions in this Agreement, the Terms of Service or Privacy Policy.
      6. Rates and specifications are subject to change. Full discretionary rights according to the Service’s Terms of Service have been reserved in case of breach of these Agreement terms. All fees and prices are quoted in U.S. dollars unless otherwise stated.

 

    1. Licensing
      1. Upon posting on the Service, you retain all proprietary rights, and further grant the Service a Universal, Worldwide, non-Exclusive, Royalty-free, Transferable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users.

 

    1. Limitation of liability
      1. You hereby agree to hold the Service not liable for other Users‘ actions, breaches, defaults, publications or listings The Service as a facilitator is not, in any way or manner possible, not involved in the transaction between Third-Party Sellers and interested third-parties.
      2. Due to the aforementioned, the Service cannot be reasonably held liable for any quality, safety or legality of Third-party goods or services which are published or advertised on our Service, nor the accuracy or truth of listings or legal capacity of any Third-party (purveyor or interested third-party). The Service does not transfer legal ownership of items from Third-Party Sellers to interested third-parties. All provisions of this contract are to be superseded by § 2-401(2) of the Uniform Commercial Code.
      3. The Service cannot guarantee the unlimited or continuous access to the Website, software and functionality.
      4. The Service is not to be held liable for any income, goodwill, reputation, direct, indirect, special or consequential damage or loss arising out of individual Users’ behaviour on the Website. This limitation is to be valid to the fullest extent under relevant law. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.

 

    1. Unilateral Release
      1. The Service, it’s owners, officers, directors, agents, subsidiaries and employees are to be released from any claims, demands, damages of every type, kind or nature, whether known or unknown arising out of any disputes Users might have with one or more other Users. State of California Resident – Users hereby further waive Californian Civil Code §1542.

 

    1. Access and Interference
      1. Information on the Service is updated in real time. You hereby agree to withhold of any interference (without limitation to: usage of malware, robots, scrapers or automated means of access to the Service) for any purpose whatsoever. This limitation may be superseded by prior written consent from the Service’s Administrators. Please note that such consent may not be issued.
        1. In order to keep the Service functional, you withhold of:
        2. Taking any action resulting in:
          • Damage to the Hardware or Software infrastructure of the Service
          • Interfere with the functionality of the Service in any way possible
          • Bypassing the algorithm or robot exclusion methods
        3. Utilizing the service for commercial services, namely: copying, reproducing, modifying, creating derivatives of, publicly display the content without proper consent or authorization from the Service.

 

    1. Privacy
      1. Personal information is not to be sold or rented to third parties for marketing purposes without the Users‘ consent. Your personal information is used in the scope and manner described in our Privacy Policy. You have gotten acquainted with and are compliant, and find the Service’s Privacy Policy Reasonable. If you do not find the Privacy Policy reasonable for any reason whatsoever, you are to stop using the Service immediately.

 

    1. Confidentiality
      1. Neither Party is to use, disclose or make available the other Party’s confidential information, unless expressly permitted so (in writing) by either Party or expressly permitted to do so in this Agreement.

 

    1. Indemnification
      1. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.

 

    1. Status
      1. The Parties agree that the Parties shall be considered independent Contractors and not Agents or Employees of the other Party. Neither Party has the right to make any: statements, representations or commitments or act in the name of another Party, or to take any action which shall be binding on the other Party, except as may be expressly provided for in this Contract or expressly authorized in writing.

 

    1. Dispute-resolution Clause
      1. Both parties have agreed to resolve the disputes which may arise from this Agreement, or any other supplemental documents thereof, by means of alternative dispute-resolution, without limitation to: negotiations, mediation or arbitration. Utilizing these methods stops the statute-barring of the rights arising from contract breach of the other Contractor. If methods of alternative dispute-resolution are to fail, then court proceedings in an appropriate court inside U.S.’s respective jurisdiction may be in order.

 

  1. Relevant Jurisdiction Clause
    1. This Agreement is construed in a manner to be valid and enforceable to the maximal extent possible under U.S. applicable law. If any clauses are determined invalid or unenforceable, such provisions will be deleted from this Statement, or amended by issuing another Statement by the Signer. Unenforceability of other clauses shall not affect the remainder of the provisions of this Statement.

If you have any questions, do not hesitate to contact us using the contact link above. 

Contact Seller

54.224.220.72
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