1. OUR SERVICES
You acknowledge that the purpose of this website is to provide a medium to bring together buyers and sellers of Ad Space. We are not an auctioneer and are not involved in the actual transactions between Buyers and Sellers. Our services are limited to providing bid-based or flat price buying models enabling Buyers and Sellers to transact between themselves.
You may only list, bid on or buy Ad Space if you are a member of Website Traffic UK and WTFlex. Membership is free. You may apply for membership at any time.
You must have the legal capacity to enter into legally binding contracts in order to apply for membership.
Your membership is not transferable under any circumstances.
Any membership information or content you provide to us or post to our website must be accurate, true and correct, complete without omissions of necessary information, current and kept up to date.
3. USE OF USERNAME & PASSWORD
It is your responsibility to keep your password safe. You must not give out or allow any person to use your username and password. You are responsible for all transactions, communications, agreements and actions undertaken with your username and password.
If you suspect any unauthorized use of your account, you must report it to Website Traffic UK and WTFlex immediately. We recommend that you change your password on a regular basis. You must not respond to any request for your password by anyone, even if the request is made by someone claiming to be an employee of Website Traffic UK and WTFlex. You must immediately notify us if you receive such a request.
4. ONE CLICK RECHARGE
This feature will allow you to credit your account of the selected amount of money, subject to the applicable limit, without the need to re-enter all of your credit card information before each and every transaction. You must already have an account in order to use this feature and it will only be available once you are logged in. Please note that you are wholly responsible for maintaining the confidentiality of your user name and password to access your account and use this feature. To avoid any unauthorized transaction and access to your account, you should always log off to prevent any third party from accessing your account. We shall under no circumstances be liable for any loss or damage arising out of the use or misuse of this account and the one click recharge feature linked to it.
5. OBLIGATION OF BUYERS
Website Traffic UK and WTFlex does not allow retraction of bids. If you win an auction, buy out or if your offer to purchase is accepted by a Seller, you have agreed to enter into a legally binding contract with the Seller.
As a buyer, you must complete each and every transaction you make with a Seller unless the transaction is prohibited by law or by the Listing Policy.
By purchasing Ad Space, you agree to be bound by the conditions of sale included in the listing description unless those conditions of sale are prohibited by law or by the Listing Policy.
If you do not fulfill a transaction or fail to comply with its conditions of sale, you may become liable to the Seller and to Website Traffic UK and WTFlex. Without prejudice to any other rights, the Seller may leave comments for that transaction and/or issue court proceedings against you and we may among other things in our absolute discretion suspend or terminate your account.
By submitting an Advertisement to a Seller, the Buyer warrants that it is the owner of all content, copyright and intellectual property in the Advertisement. The Buyer grants the Seller the right to communicate the Advertisement to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the purpose of the Seller performing its obligations during the contract period. The Buyer permits any user to access, display, view and store such content. Subject to the above, the Buyer shall retain all intellectual property rights that exist in its Advertisement.
It is the Buyer’s responsibility to satisfy itself of the suitability and appropriateness of the Site Content and the quality of the Ad Space. Website Traffic UK and WTFlex does not screen and is not responsible for screening or monitoring any material or communications posted by the Seller on either its website or the Website Traffic UK and WTFlex website. We do not in any way make any warranties or representations regarding the results which the Buyer may or may not gain from buying the Ad Space.
6. INVOICING AND ADDITIONAL CHARGES
If you elect to use any of the services provided by Traffic Junky, you will be receiving invoices. Said invoices shall be payable upon receipt, unless the services have been prepaid. Interest shall be payable on any amounts that remain unpaid on or before the date twenty (20) days after the date such payments are due, without the need for Traffic Junky to issue a default notice. Each late payment shall bear interest to the legal interest rate that applies in Cyprus per annum during the period of default payment and any other compensation for recovery costs shall be added to the amount due as per applicable law. The interest will be compounded on each last day of each month.
7. BUYER’S WARRANTIES
The Buyer warrants that:
- It is authorized to publish the Advertisement(s);
- The content of its Advertisement(s) is not unlawful and do not infringe on the rights of any person;
- It has obtained all necessary permissions or releases to display the Advertisement;
- Any website linked to the Buyer’s Advertisement(s) in addition to any product or services advertised complies with all applicable laws and regulations, does not or has not breached any duty towards or the rights of any person and is not false, misleading, obscene, defamatory, hateful or otherwise illegal.
8. DISCLAIMER/EXCLUSION OF WARRANTIES
We do not and cannot make any representation or warranty as to the accuracy, completeness or currency of any information or content provided on or accessible via the Website including but not limited to information contained in Sellers’ listings. We do not control or verify any information or content provided to us by Members and therefore we will not accept any and hereby exclude all legal liability for such information or content.
As we are not involved in the actual transaction between Buyers and Sellers, we have no control over the appropriateness, effectiveness, quality, safety or legality of the Ad Space or content posted by the Sellers on the Website or of the Buyers’ advertisements, the truth or accuracy of listings, the ability of Sellers to sell their Ad Space or the ability of Buyers to buy Ad Space.
It is the Buyer’s responsibility to satisfy itself of the suitability, quality and condition of any Ad Space it proposes to purchase and of the truthfulness and accuracy of the Seller’s listing.
We do not and cannot confirm or guarantee any Seller’s or Buyer’s purported identity or contact details.
Sending you notices and other communications about your transactions does not mean we endorse, guarantee or legitimize the transaction. Some information in our communications and notices will be provided to us by other Members. You acknowledge that we do not confirm, approve, control, endorse or guarantee any information provided to us by other Members by using that information in communications with you.
You acknowledge that the sole purpose of the Website is to provide a means for Sellers to sell and Buyers to buy advertising space. You assume all risk and liability of using our listing services. All listings sold through our website are intended to be used for listing purposes only. We do not provide any marketing or promotional services and accordingly we do not make any warranty or promise as to increased interest, traffic, awareness or sales growth for the Seller’s or Buyer’s business.
More specifically, the Sellers and Buyers acknowledge and agree that any transactions and funds used to purchase ad impressions or Ad Space on our Website are final and not refundable when the ad impressions and/or the Ad Space has effectively been provided. Therefore, Sellers and Buyers hereby waive any rights of dispute for refunds in relation to any performance or revenue expectations in relation to impressions or Ad Space.
We do not make and exclude to the fullest extent permitted by law all warranties including without limitation any implied warranties as to quality, safety, title, fitness of purpose or merchantability of the Website or of any Ad Space offered for sale at the Website.
We do not make and exclude all warranties to the fullest extent permitted by law that using this service and the Website will not result in infringement of third party rights, including but not limited to intellectual property rights.
Where any warranty or condition cannot be excluded our liability for breach of such warranty or condition is limited to either of the following:
- Resupplying the service;
- Crediting the cost of the service to you.
Third Party Translator Plug-in: We provide you with a third party translator plug-in for convenience. However, we do not make and exclude all warranties to the fullest extent permitted by law as to quality, truthfulness and accuracy, fitness of purpose or merchantability.
9. BREACH BY OTHER MEMBERS
We cannot and do not control the actions or inactions of Members dealing through the Website and exclude all liability in this regard to the fullest extent possible.
We do not guarantee that a Buyer or Seller will actually perform or complete a transaction or act lawfully in transacting over the Website.
It is your responsibility to enforce any rights owed to you by another Member. We do not provide any insurance, warranty or any other form of protection for Buyers or Sellers in the event of non-performance by another Member. We merely provide a medium to bring Buyers and Sellers together, enabling them to transact between themselves. We will not be responsible or liable for any disputes between the Seller and the Buyer. All disputes between the Seller and the Buyer must be resolved between themselves.
You acknowledge that other users may post offensive, harmful, inaccurate, fraudulent, deceptive or defamatory content or content with errors or omissions on the Website. Further, there are risks with using the Website including people acting under false pretenses, dealing with under age persons and/or foreign persons, and international trading.
10. BREACH BY YOU
- engaged in fraudulent, misleading or deceptive activity in connection with the Website;
- participated in conduct that is harmful to the interests of Website Traffic UK and WTFlex or its directors, employees, related entities, agents or affiliates
Then we may, with notice to you:
- suspend, terminate or amend your membership;
- cancel or amend any of your listings without refund; or
- issue you with a warning, and/or refuse to sell or provide our services to you
To protect the security and privacy of other members, we are under no obligation to provide you or any other member with details of any investigation or action we undertake in relation to your membership or account.
11. INFRINGING OTHERS’ COPYRIGHT
We cannot and do not investigate and/or control who owns particular copyright or other intellectual property. We will not take any action against a Member for alleged copyright or intellectual property infringement unless the complaint is made by the actual owner of the copyright or intellectual property rights.
If you are the owner of copyright or intellectual property rights and you believe your rights are being infringed by a listing on this website, please contact us email@example.com
12. LIMITATION OF LIABILITY
To the fullest extent possible, we, our affiliates, directors, employees and related entities exclude all liability including but not limited to all liability whether in tort or contract or otherwise for any claim, damages, any actual, special, direct, indirect, exemplary, special or consequential loss or damage, costs, expenses, claims in respect of economic loss, loss of profits, any loss of or damage to data, property or goodwill or death or injury to any person of whatever nature and however or wherever sustained including by negligence arising out of or in connection with your or any person’s use of the website or our services even if advised of the possibility of such damages.
To the fullest extent possible we exclude all liability relating to any errors, omissions and offensive, harmful, inaccurate, deceptive or defamatory content contained or implied in the Website.
14. GATEWAYS & CREDIT CARD PROVIDERS
You agree to be bound by the policies, charges including chargeback fees and terms and conditions of any gateway such as PayPal and of any credit card provider(s) you propose to use for accepting or making payment over the Website. In order to make payments via PayPal, you accept that Website Traffic UK and WTFlex will be sending you an e-mail to validate your PayPal account.
You authorize Website Traffic UK and WTFlex, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying your Information against third party databases or through other sources. Website Traffic UK and WTFlex reserves the right to close, suspend, or limit access to your account in the event we are unable to obtain or verify this information.
15. VAT POLICY
In order to comply with Cyprus and EU VAT regulations, we are required to remit VAT on certain Website Traffic UK and WTFlex bidding transactions. Tax is required to be charged in the following situations:
- The local VAT is charged to customers who are individuals located in the European Union.
- The local VAT is charged to customers who are corporations located in the European Union that are not registered for VAT, or have not provided a valid VAT Registration No.
- VAT is applicable on all transactions between two Cypriot entities.
16. INTELLECTUAL PROPERTY
All rights to copyright, trademarks, service marks and trade dress in this Website including all content, text, graphics, photos, logos, button icons, images and audio clips are either owned by or licensed to us by our Members or third parties. We and/or our software suppliers own all software used on the Website.
All such material and software is protected by domestic and international copyright and intellectual property laws. You may only use this material for browsing the Website and you are strictly prohibited from reproducing, adapting, modifying, distributing, transmitting, republishing, framing, displaying or performing the content on the Website.
Website Traffic UK and WTFlex is a Trademark of Website Traffic UK and WTFlex. Users may not use this trademark unless expressly authorized by us. All other trademarks, trade names, service marks and the like that appear on the Website are the property of their respective owners. You may not use any such intellectual property without the respective owner’s express consent.
18. COMPLIANCE WITH LAWS
You must comply with all laws (including domestic and international), statutes, ordinances and regulations in respect of using the Website, viewing its content and when using our services. Sellers, it is your responsibility to investigate whether and what information you may lawfully advertise on the Website.
19. ACCESS TO THE WEBSITE
Due to occasional upgrades, maintenance and other factors outside our control, we cannot guarantee 100% continuous, uninterrupted or secure access to the Website. We provide the Website on an “as is” and “as available” basis. We make no representations or warranties that the Website, information, content or materials available on the Website, its servers or emails sent from Website Traffic UK and WTFlex will be:
- free of defects, viruses, inaccuracies, errors or other harmful components;
- will meet your requirements; or
- will operate in the configuration or with other hardware or software that you use.
Using the Website is undertaken at your own risk.
- any rights of resale or commercial use of the Website or its contents (other than Advertising);
- any collection or use of any media metrics available on or through the Website, listings, descriptions, or prices;
- any derivative use of the Website or its contents;
- any downloading or copying of account information for the benefit of another merchant; or
- any use of data mining, robots, scraping, or similar data gathering or extraction tools.
The Website (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express, written consent. Any unauthorized use terminates the permission or license granted by Website Traffic UK and WTFlex under this clause.
If your membership is terminated for whatever reason then we may in our absolute discretion delete any content, material, files, graphics or other content or material relating to your use of the Website. Immediately upon termination you are prohibited from accessing or using the Website. We reserve the right to use any means we deem necessary to prevent unauthorized access to the Website including but not limited to technological barriers, IP banning, email banning and direct contact with your ISP. If your account is terminated for your material breach, you must immediately pay us all fees or other amounts that you owe prior to termination.
For security reasons, if you have not logged into your Website Traffic UK and WTFlex account for 6 months or longer, your account will go into “Inactive” Status. This means you will not have the ability to log in, but your campaigns will continue to run as long as you have funds on the account. To re-activate, you will need to contact a Website Traffic UK and WTFlex representative.
20. FORCE MAJEURE
21. KEEP COPIES
We may close the Website at any time in our absolute discretion and without prior notice. We may delete any files or content which you post or maintain at the Website. We do not undertake to retain copies of any material which we or others may delete from the Website. For this reason, we strongly advise you to keep a copy of any such material.
22. SERVICES FROM THIRD PARTIES
Any links to services, goods, resources or information of third parties provided at the Website whether through third-party advertising or otherwise are not controlled by Website Traffic UK and WTFlex. We make no representations or warranties, including without limitation warranties of fitness for a particular purpose, merchantability and non-infringement, regarding any services, resources, goods or information of any third party. We will not be liable for your use of or reliance on the services, resources, goods or information of third parties.
23. INTERFERENCE WITH WEBSITE
You must not:
- use any robot, spider or any other device to copy or monitor our web pages and content;
- use any software, device or routine that contains any viruses or any other damaging computer programming mechanisms that interferes with the proper working of our website;
- take any action that imposes an unreasonable burden on our service infrastructure including our hardware, bandwidth and software;
- alter or tamper with any information, content or materials on or associated with the Website.
24. WEBSITE CONTENT
Due to the large amount of content posted by others on the Website, we cannot and do not undertake to monitor or control the nature of the content available on the Website. Users are solely responsible for their interactions with other users of the Website. Users must not post any fraudulent, misleading, defamatory, infringing or unlawful content on the Website. Users agree to defend and indemnify us against any infringement, breach of privacy, defamation or similar claims relating to their use of the Website.
We reserve the right but are not obliged to monitor content and materials posted on the Website and to remove, edit or take any other action to restrict access to any material or content that we or another User may consider to be obscene, unlawful, defamatory, invasive of privacy or otherwise inappropriate or objectionable.
We are not responsible for the actions of users which take place at the Website. All users acknowledge that our responding to complaints regarding any material or content posted to the Website is done only of our good free will to assist users in having a pleasurable trading experience on the Website and not because of any duty imposed on us to do so. We exclude all liability for and Users waive any claims or remedies (including but not limited to breach of intellectual property rights) arising out of or relating in any way to the content at this Website or our response or failure to respond to a complaint.
The Buyer acknowledges and agrees that Website Traffic UK and WTFlex has no control over any content on any Seller’s website. It is the Buyer’s sole responsibility to determine whether or not such content is appropriate or acceptable to the Buyer and the Buyer assumes all risk and liability in this regard.
The Seller acknowledges and agrees that Website Traffic UK and WTFlex has no control over any Advertisements or other content that may be submitted by any Buyer. The Seller assumes all risk and liability for determining whether or not such content is acceptable or appropriate to it.
Image Optimization. In order for publisher sites to load faster, we need to optimize the images that we show, therefore the image optimization process compresses the image to make the file smaller so it loads faster. Website Traffic UK and WTFlex MarketPlace reserves the right to optimize all images that advertisers upload to the Website Traffic UK and WTFlex platform. Users will not be able to opt-out of the image optimization process, and we will not keep the original file on our servers. We will replace the original file with the optimized file.
25. OTHER WEBSITES
Website Traffic UK and WTFlex and Sellers may provide links to other Websites which are independent of us. We make no representations or warranties about any such websites and exclude all responsibility for the content or use of any such websites.
Our services are not available to unsupervised persons under eighteen (18) years or twenty one (21) years where eighteen years is not the legal age of majority (“the age of majority”).
You must leave the Website now if you have not reached the age of majority and are not using the Website in conjunction with and under the supervision of your parents or guardians.
If, notwithstanding the above paragraph a provision is still void, voidable, unenforceable or illegal:
- if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are hereby severed; and
30. NO AGENCY ETC.
You agree that we do not owe you any fiduciary duties. We are merely a third party beneficiary to contracts between Buyers and Sellers with respect to the fees that may arise therefrom.
You agree that using your username and password to communicate with us or third parties electronically constitutes your electronic signature and satisfies any legal requirement that such communication be in writing.
32. SURVIVAL OF TERMS
34. ENTIRE AGREEMENT
“Ad Space” means the space contained on the Seller’s website, email newsletters or other property for Advertisement.
“Advertisement” includes all forms of digital text, graphic, rich media and other advertisements of the Buyer whether being broadcast visually and/or aurally via the internet including all content contained therein.
“Website Traffic UK and WTFlex” means Website Traffic UK and WTFlex Inc.
“Buyer” includes any member of Website Traffic UK and WTFlex who bids on, wins or buys Ad Space or any person acting on their behalf with express or implied authority.
“Contract Period” means the period of time the Seller agrees to lease its Ad Space to the Buyer in accordance with the terms and conditions of the Seller’s listing.
“Member” means any member of Website Traffic UK and WTFlex including Buyers and Sellers.
“Seller” means any member of Website Traffic UK and WTFlex who creates a listing for the sale of Ad Space or any person acting on its behalf with express or implied authority.
“Site Content” means the content of the website or other property in which the Ad Space appears or is to appear.
“Site Content Page” means website page/s in which the Ad Space appears or is to appear.
“We”, “Us” and “Our” means Website Traffic UK and WTFlex.
“Website” means the Website Traffic UK and WTFlex Website under the domain name www.websitetraffic.uk
“You”, “Your” and “Users” means any persons accessing the Website Traffic UK and WTFlex Website including Members, Buyers and Sellers and includes anyone acting on their behalf with express or implied authority.
- Words importing the singular or plural include the plural and singular respectively;
- Words importing any gender include every gender;
- Words denoting persons include bodies and corporations;
- A reference to a party or parties means the named parties to this document and includes that party’s executors, administrators and permitted assigns, or if a company, its successors and permitted assigns;
- Clause headings do not affect the interpretation of this document
- Where a word or phrase is given a particular meaning in this document, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
- A reference to a clause or a provision is a reference to a clause of this document; and
- Every agreement, covenant or undertaking expressed or implied by which more than one person is bound binds those persons and any two or more of them jointly and each of them severally.
36. GOVERNING LAW AND JURISDCTION
These Terms, your use of the Website, and the relationship between you and us shall be governed by the laws of the United Kingdom, without regard to conflict of law rules. Any legal proceeding in connection with the use of this Website, this Agreement or the performance thereof shall be brought in an appropriate court in the United Kingdom. The parties hereto and their affiliates consent to the sole and exclusive jurisdiction of such court. You consent to service of process in any legal proceedings.