Advertiser Terms and Conditions – Miles More Media Limited (2018)
Miles More is an online club run by Miles More Media Limited (“Miles More”) for the benefit of its members (“Members”) at the website www.milesmoremedia.com (“Site”).
These terms and conditions (“Terms”) are designed to ensure advertisements for employment or freelance work or for other offers, products and services (“Adverts”) are offered in a consistent and fair manner. We review the content of Adverts (“Content”) against these criteria and reserve the right to suspend or remove or report Content which breaches these Terms, or which is reported by a Member as containing inappropriate, offensive or misleading Content. Access to the Site is subject to the Site Usage Policy.
Acceptance of these Terms
These Terms together with the Site Usage Policy set out the terms under which an advertiser (“Advertiser”) may place orders for or upload Adverts.
By placing an order for or uploading an Advert, the Advertiser accepts and agrees to be bound by these Terms.
Advertisers must keep log in and password details confidential and not reveal these to any third party.
Adverts must comply with Miles More’s technical specifications. Miles More may, without any responsibility to the Advertiser, reject or require an amendment to any Advert which, in its discretion, it considers unsuitable or contrary to these Terms or the Site Usage Policy and remove, suspend or change any such Advert. No refund will be made in such circumstances.
The acceptance of an Advert by Miles More does not mean that Miles More waives its rights under these Terms or accepts that the Advert complies with these Terms.
Adverts will only be made available by Miles More on the Site for the period of time which has been paid for.
Miles More may, in its discretion, reformat Adverts, add labels to Adverts (including but not limited to “Urgent” or other descriptions of the Advert”), and send Adverts or references or links to Adverts to Members as it deems appropriate.
Adverts will only be made available for the period for which payment is made in accordance with clause 3 and at the end of such period will be withdrawn without notice.
All information supplied in connection with Adverts is accurate, complete, true and not misleading;
It has obtained the consent of any living person whose name, image, or other identifying data is featured in any Advert;
Adverts are legal, honest, truthful, and do not contain any prohibited Content as set out at clause 4.2 (“Prohibited Content”);
Adverts are not contrary to the provisions of any applicable law, regulation or code of practice and comply with any relevant standards and principles;
Adverts do not infringe the rights of any person (including any person’s intellectual property rights) and it has obtained the consent of any living person whose name or image (in whole in part) or other identifying details are contained in any Advert;
Adverts are free of any viruses, adware, malware, bit torrents, and will not have an adverse effect upon the operation of the Site; and
Adverts will not be prejudicial to the image or reputation of Miles More, the Club, its Members, or other Advertisers.
The following is Prohibited Content:
any Content which does not meet the Content Standards (other than, in relation to the prohibition of advertising, services or web links, to the extent that such advertising, services or web links form part of the Advert itself );
any Content which contains or refers or links to the promotion of the sale or use of tobacco or alcohol products, drugs (prescription, illegal or recreational), adult products or services or weapons, explosives or ammunition or adult services or products; and
any Content which deliberately or recklessly deceives Members as to the benefits of the product or service advertised, the identity of the Advertiser or the ultimate destination page.
A breach of this clause 4 may result in the immediate suspension or removal of an Advert and/or termination of the Advertiser’s account with Miles More without further notice.
Miles More Brand and Intellectual Property Rights
Advertisers should not seek to incorporate directly or by association the Miles More brand or its name, imagery or intellectual property rights into any of the displayed adverts or content.
Adverts must not contain any words, images, branding or other intellectual property rights which could be confused by members as being directly associated with the Club or Miles More.
Any agreement to display Content does not transfer or grant any rights relating to the intellectual property rights of Miles More to the Advertiser.
Data Use and Restrictions
Miles More does not provide any personal data of Members to Advertisers. Members choose to contact Advertisers and it is the responsibility of the Advertiser to ensure that it complies with data protection legislation in relation to how it holds and processes the personal data of Members.
Liability of the Advertiser
The Advertiser full indemnifies and holds Miles More Harmless against all damages, costs, losses, expenses, fees, fines and penalties arising as a result of or in connection with any breach by the Advertiser of these Terms or the Site Usage Policy.
Liability of Miles More
Miles More does not guarantee that the Site will always operate without disruption, delay or imperfections and accepts no responsibility for any delay or interruption in uploading Adverts to the Site.
Miles More uses its reasonable endeavour to upload Adverts in the format provided by the Advertiser but does not guarantee that the Advert will appear exactly in the format provided or be of the same quality. If an Advert contains a substantial error which is solely due to Miles More, Miles More shall, on request, upload a new version of the Advert.
Miles More is not responsible for the content or operation of any external websites on which it provides links to or details of any Advert or the Site.
Nothing in these Terms excludes or limits the liability of Miles More for death or personal injury caused by Miles More’s negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for Miles More to exclude or limit liability.
Subject to clause 8.4:
Miles More’s total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of its obligations in relation to any Advert shall be limited to the total amount of the charges for the relevant Advert actually paid by or on behalf of the Advertiser; and
Miles More shall not be liable for any economic loss, loss of profit, loss of business or otherwise, whether direct, indirect or consequential, and whether foreseeable or not.
These Terms together with the Site Usage Policy set out the entire agreement between the Advertiser and Miles More and apply to the exclusion of all other terms and conditions which the Advertiser purports to apply, including without limitation any terms in any purchase order, acknowledgement or email correspondence.
If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the other Terms.
Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
No failure or delay by Miles More in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of any right or remedy.
These Terms can be varied by Miles More providing notice of any such variation.
These Terms are subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from these Terms.