1.1. The User's use of the webs11 website, services and information provided by the webs11 website is subject to the terms of the following Terms of Service agreement (TOS) between the User and webs11.
1.2. The User is defined as anyone who uses the webs11 website and any information and services provided by webs11.
1.3. The webs11 website refers to the Internet site with the address webs11.com as well as banners and advertisements on other websites with a hyperlink(s) to webs11.com.
1.4. webs11 "services" refers to the ability that webs11 gives Users to publicize ads on the webs11 website in the form of an article caption (or post), short description and picture with a link to the website where this article is published. webs11 doesn't create, write, or publish news stories or articles. .
1.5. The webs11 website, services and information will be referred to collectively as the "Services" in this document excluding any additional services provided to the User by webs11 under a separate written agreement.
1.6. webs11 reserves the right to change the Terms of Service (TOS) without notifying the User.
2. ACCEPTING THE TERMS
2.1. In order to use the Services, the User must first agree to the Terms of Service (TOS). The User may not use the Services if he/she does not accept the TOS. If the User is already using the Services, but the User has not accepted the TOS, then the User must stop using webs11's Services immediately.
2.2. The User can accept the Terms of Service simply by using the Services. In this case, the User understands and agrees that webs11 will treat his/her use of the Services as acceptance of the Terms of Service from that point onwards.
3. USE OF SERVICES BY THE USER
3.1. webs11 enables the User to create ads from the articles published at the original website where the news and articles were published. The content of the ad's post/caption/announcement/headline/hyper-link/photo (hereafter referred to as "Link") may differ from the content of the article for which the link was made.
3.2. In any Link the User can use any picture or image which is published on the same page of the website where the original article is published and is relevant to the article. This picture or image will be published as a thumbnail. The User who publishes the Link and the website where the aforementioned article was published bear complete responsibility for any infringement of a third party's copyright (copyright of the person(s) or organization(s) who created or owns the content of the article or photo) if such an infringement of copyright occurs.
3.3. In a Link, the User is allowed to use any picture or image which is NOT published on the same page of the website where the publicized article is published. In this case the picture or the image must be taken from open resources only (licensed free resources) and will be published as a thumbnail in the Link.
3.4. The content of the picture or image in a Link may differ from the topic of the Link's caption, from the Link's short description, from the original article's caption, and from the content of the original article. The person(s) shown in the photo in the Link may differ from the person(s) shown or mentioned in the article. The picture used in the Link may be unrelated to the content of the original article.
3.5. The User understands and agrees that he/she is responsible for any information, data, written text, pictures, images, video and other content (hereafter referred to as "Content") which he/she publishes on the internet using the Services of webs11. This means that only the User (and not webs11) bears full responsibility for all Content which the User publishes, uploads, sends, transfers, receives, shares or otherwise makes public using the Services of webs11. webs11 does not monitor the Content published, posted, uploaded, sent, transferred, received, or shared with its Services and therefore does not guarantee the accuracy, completeness, comprehensiveness or quality of any Content. The User understands that while using the Services of webs11 he/she might come into contact with Content that could be legally proved to be straightly offensive, absolutely (without social-determined exceptions, i.e. for sexual minorities) indecent (that can not be deemed acceptable as normal and not indecent in any case) or directly objectionable as illegal or injuring. webs11 is not responsible for any Content created by the use of the Services by any User under any circumstances.
3.6. The User agrees that webs11 is not obliged to check any of the Content before it is published. The User also agrees that webs11 has the right (but shall have no obligation) to refuse or remove any or all Content (which is available through the Services of webs11) at its own discretion. The User agrees that webs11 is not liable for the accuracy, reliability, completeness or usefulness of the Content displayed on the site or through the webs11 Services.
3.7. The User agrees and understands that he/she uses the Services at his/her own risk.
3.8. The User takes into account that webs11 Service technology may require sending Content (which the User wants to publish) through a computer network or changing the Content in order to meet specific technical requirements.
3.9. The User agrees NOT to use the Services to:
a. post, upload, email, transmit, share or otherwise make public any Content which is recognized as illegal, harmful, threatening, slanderous, infringing upon someone's copyright, popularizing armored violence and/or any sort of discrimination (racial, social or any other sort of discrimination, judicially recognized to be of such nature), and/or insulting a particular person or organization;
b. infringe upon the rights of minors and/or cause any sort of harm to minors;
c. discriminate against minorities;
d. give untruthful information about his/her identity or identify himself/herself as a representative of an organization/company (including introducing himself/herself as a webs11 representative, webs11 employee, webs11 forum moderator, or webs11 owner) without having the right to do so, and to offer any false representation of the properties and/or characteristics of other persons, entities, companies, or products;
e. post, upload, email, transmit, share or otherwise make public any Content which is forbidden to post, upload, email, transmit, share or otherwise make public according to the law or a contractual agreement with a third party;
f. post, upload, email, transmit, share or otherwise make public any Content which affects a third party's license, trademark, commercial secret, copyright or any other sort of possessive rights (rights of ownership);
g. post, upload, email, transmit, share or otherwise make public any Content which encourages/propagandizes ethnic strife, incites violence against a certain person(s) or group of people, violence against animals, and/or encourages the abuse of law;
h. post, upload, email, transmit, share or otherwise make public any Content which contains computer viruses, threats or other codes, files, or software which are intended to harm, destroy or restrict the functionality of any hardware or software, or which can be used for unauthorized access/data trespassing, or which contain serial numbers for licensed software, cracked software, logins, passwords or other tools for unauthorized access to any licensed protected software or data on the Internet;
i. abuse of any local, state or international laws of the location for the materials to be exposed/demostrated;
j. collect and store the private data of other users without legally acquired relevant consent;
k. engage in the unauthorized use of advertising, commercial or promotional content without an agreement with, or permission from, the concerned party;
l. post, upload, email, transmit, share or otherwise make public any content containing crude or offensive words, phrases or sentences.
m. post, upload, email, transmit, share or otherwise make public any content, specially intended for a qualified consumers/viewers groups or categories (especially, but not limited to adult content of any nature) without the prescribed filters of access, minors-access preventing soft or settings, or other specific means of isolating the undesired and unintended access.
3.9.1 webs11 reserves the right (but shall have no obligation) to refuse or remove any or all Content from the Services at its own discretion if the said Content does not meet the requirements of the Terms of Service. webs11 is not obliged to notify the User of the reasons for removing or rejecting any Content.
4. NON-COMMERCIAL USE
4.1. The User agrees not to reproduce, copy, sell or use for commercial purposes any parts of the Services, not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by webs11, unless the User is granted special rights by webs11 specifically in order to do so. webs11 doesn't bear any responsibility for any legal agreements between the User and any other third parties.
4.2. The User agrees to refrain from trying to crack any of webs11's software or data or to decompile the webs11 software source codes used in the Services with the intention to install it on his/her PC, phone, pocket PC or other electronic device.
5.1. webs11 is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.
5.2. The User agrees that webs11 may make changes to the rules and restrictions of use from time to time with or without notification of the User.
5.3. The User agrees that any Content published with the webs11 Services as open Content can be used by webs11 at its own discretion for its own purposes and the User cannot claim compensation (monetary or otherwise) from webs11 for doing so.
6. CONTENT LICENSE AND INTELLECTUAL PROPERTY RIGHTS
6.1. The User acknowledges and agrees that all webs11 Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable laws of the British Virgin Islands, laws of other countries and/or international laws.
6.2. webs11 gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by webs11 as part of the Services. The User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the Services for any purpose and also will not modify the Services for any purpose.
6.3. Unless the User has agreed otherwise in writing with webs11, the User may not use objects of webs11 intellectual property (such as logos, trade names, trademarks and other brand features, webs11 website content etc.).
7. EXCLUSION OF WARRANTIES
7.1 webs11 does not guarantee to the User that his/her use of the Services will be uninterrupted, timely, secure or free from error.
7.2 webs11 does not bear responsibility for the Content created and displayed by other Users through the Services.
7.3 The User is solely responsible for any breach of any sort of third party rights.
7.4 If the use of the Services by the User results in complaints or claims from a third party addressed to webs11 concerning the breach of their rights (including copyright infringement or a person(s) depicted in the photos in the Content who does not want the images to be used in the Services) the User is held fully responsible and must take actions on her/his own to satisfy such claims and complaints.
7.5 webs11 may (but has no obligation to) review, modify or remove Content published by the User.
7.6 webs11 is not liable to the User for any loss of information which the User publishes on or with the Services of webs11.
7.7 The User understands and agrees that:
a. The Services are provided "as is". webs11 does not guarantee that the Services will accommodate or fulfill the User's purpose(s) for using them;
b. webs11 does not guarantee that the Services will meet the User's requirements or expectations; that the Services will be uninterrupted, timely, secure or free from error; that any information obtained by the User as a result of his/her use of the Services will be accurate or reliable; that the quality of any product, information etc. obtained by the User as a result of his/her use of the Services will meet the User's expectations; that defects in the operation or functionality of any software provided to the User as part of the Services will be corrected;
c. The User understands that he/she uses the information obtained through use the Services at his/her own risk;
d. webs11 is not liable to the User for any direct or indirect losses which may be incurred by the User due to the availability or unavailability of the Services or the behavior of a third party concerning the Services;
e. The Services may include hyper-links to other websites or content or resources. The User acknowledges and agrees that webs11 is not responsible for the availability of any such external sites or resources, for their content, and/or for any loss or damage which may be incurred by the User as a result of his/her use of such external sites or resources.
8. OTHER GENERAL LEGAL TERMS
8.1 Unless the User has agreed otherwise in writing with webs11, all complaints, claims, requests, questions and other inquiries must be addressed to [email protected]
8.2 The Terms of Service (TOS) is a binding agreement between the User and webs11 which regulates the User's use of webs11's Services.
8.3. These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of England and Wales. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The prevailing party in any action arising out of this ToS shall be entitled to an award of its costs and attorneys' fees.
8.4. When using webs11 Services that are free, the user agrees that consumer protection laws are not applicable to the Terms of Service.
8.5 Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of relationship between the User and webs11 which is not directly described under the Terms.
8.6 If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still remain binding.
8.7 If the User (or any other users) breaks the Terms of Service and webs11 does not act to protect its interests, this does not mean that webs11 cannot decide to prosecute any offender in the future.
9. USER REGISTRATION
9.1 In consideration of your use of the webs11 Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the webs11 Services under the laws of the United States or other applicable jurisdiction.
9.2 As a condition to using Services, you are required to register with webs11 and select a password and screen name (webs11 User ID). You shall provide webs11 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your webs11 account. You may not
(i) select or use as a webs11 User ID a name of another person with the intent to impersonate that person;
(ii) use as a webs11 User ID a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a webs11 User ID a name that is otherwise offensive, vulgar or obscene. webs11 reserves the right to refuse registration of, or cancel a webs11 User ID in its discretion. You shall be responsible for maintaining the confidentiality of your webs11 password.
(iv) infringe, violate or omit in any way the webs11’s ToS and, including but not limited to, the creative requirements (the rules of visual information shaping and processing hereunder or as set under the specific User’s ID prescriptions) since finishing the registration at webs11 and obtaining the webs11 User ID.
9.3 Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
10. CONTENT LICENSE FROM THE USER
10.1 Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content which he/she submits, posts or displays on or through the Services. The User is solely responsible (as established by the current law of the United States of America) for the use of Content which does not belong to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it will be removed at the first request of the owner of the content (or the person(s)/entity effected).
11. USER’S COMPLAINTS
11.1 The User is requested by webs11 to report any violation of the Terms to [email protected] The report should include as many details as possible. Hyperlinks to specific statements/comments would be the most significant and would hasten the processing of the report.
12. SERVICE INTERRUPTION AND FORCE MAJEURE
12.1 webs11 may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.
12.2 webs11 may on its own consideration (provided that the relevant procedures and regulations are applicable in any separately taken case, e.g. stipulated above, sub-cl. (iv) cl.9.2.), suspend the availability of any services, provided hereunder, connected to the User’s ID as well as stop the User’s access to all and any operations, available under User’s registration as well as immediately terminate the User’s webs11 account.
12.3 In case of a force majeure, webs11 software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of webs11's partners (including failures and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.
13. CONSIDERATION OF A CLAIM
13.1 All claims from a User(s) concerning his/her relationship with webs11 will be considered in the follow way:
a. If the User is certain that his/her rights or interests have been infringed upon due to the actions of webs11, then he/she is requested to send his/her claim to [email protected] . The personal information (e.g. name, surname, e-mail) which was provided during the User's registration should be included in the claim;
b. The claim will be considered by webs11 within 5 business days from the day the claim is received, and the User will be sent a letter from webs11 with a decision on his/her claim. The letter will be sent by e-mail to the email provided by the User in the claim;
c. In case the User is not satisfied with the decision for his/her claim, it will be considered according to these Terms of Service;
d. Unidentified claims will not be considered. If personal information is included in the claim but it is impossible to identify the User on the basis of the information provided, then the claim will not be considered.
14. SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS
14.1 The User may buy ads on webs11 website. The following special terms apply to the User that places an order through webs11’s online advertising portal:
a. User’s ads should fully comply with webs11 Terms of Service.
b. All payments will be calculated based on webs11’s tracking system.
c. webs11 does not states or guarantees that the ads placed by the User will receive any number of intended clicks.
d. webs11 is not responsible for the people that interact with User’s ads, and is not responsible for click fraud or other improper actions that affect the cost of running ads.
e. User can cancel the Order at any time through our online portal, considering that it may take up to 48 hours before the ad stops running. User is responsible for paying for those ads.
f. webs11 can use User’s ads and related content and information for marketing or promotional purposes.
g. User will not issue any press release or make public statements about User’s relationship with webs11 without prior written permission of webs11.
h. webs11 may reject or remove any ad for any reason.
i. If User is placing ads on someone else's behalf, webs11 need to make sure that User has permission to place those ads, including the following: User warrants having legal authority to bind the advertiser. User agrees that if the advertiser violates webs11 Terms of Service, webs11 may hold User responsible for that violation.
j. webs11 shall not in any case be deemed obliged to pay any fee for any amount of fraud clicks, as well as for total fraudulent traffic.
14.2 All payment options are available after User’s registration and corresponding authorization under the registered account at webs11 website. webs11 declares that payment operations on the website, related to ordering the ads, are, inter alia, carried out by Recary Ltd, a company incorporated and existing under the laws of United Kingdom under state registration number 06984177 having its registered office at 40 Gracechurch Street, London, EC3V 0BT, UK.
15. SPECIAL PROVISIONS APPLICABLE TO PUBLISHERS
15.1 The following terms and conditions apply to the Users that act as Publishers of ads from webs11’s advertisers
15.2 webs11' library of useful widgets includes specific designs for different site placements. These Widgets were developed using a set of specialized tests, and the effectiveness of each widget design has been determined through experimentation; therefore, we recommend that you use default formats to maximize results - otherwise, the results may be unpredictable.
15.3 Widgets must not be superimposed over video players, must not interfere with the usability of the site, and must not mislead users by sending them automatically to the advertiser's landing page. The site may be permanently banned in webs11 for blind and fraudulent clicks. webs11 shall bear no payment obligations as for all and any amount of fraudulent clicks, immaturely counted as due.
15.4 All payment options are available after User’s registration and corresponding authorization under the registered account at webs11 website. webs11 declares that payment operations on the website, related to external publishing, are, inter alia, carried out by Recary Ltd, a company incorporated and existing under the laws of United Kingdom under state registration number 06984177 having its registered office at 40 Gracechurch Street, London, EC3V 0BT, UK.