TPUK DEV   Advertising Service Agreement

1.0 AGREEMENT

The TPUK DEV Advertising Service (TPUK DEV AS) owned and operated by TPUK DEV is provided to you (“Member/Client”) under the terms and conditions of this Advertising Service Agreement and any amendments thereto and any operating rules or policies.

TPUK DEV reserves the right, in its sole discretion, to change, modify, add or remove all or part of the agreement at any time.

TPUK DEV AS reserves the right to modify the agreement at any time and post a new agreement on our website (https://tpuk.dev). If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation in the Service following our posting of a new agreement on our site will constitute binding acceptance of the change.

1.1 By accepting the terms and conditions of the TPUK DEV AS, Member:

1. a) Represents and warrants that he or she is 18 years old or older
2. b) Agrees to provide true, accurate, current and complete information about Member as prompted by the Account Registration Form
3. c) Agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Member is untrue, inaccurate, not current or incomplete, TPUK DEV AS has the right to terminate Member’s account and refuse any and all current or future use of the Service.

1.2 By creating an account and purchasing a package with TPUK DEV AS you automatically agree with TPUK DEV AS terms and conditions. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section 6.0 regarding the termination of service.

2.0 By completing the registration, the Member creates an Account. TPUK DEV AS member accounts can function in dual roles as an advertiser and/or Publisher (“Publisher” and/or “Advertiser”). The dual role of a TPUK DEV AS account gives the member the ability to buy advertising on our network by providing funds and selecting sites to display text ads on in the TPUK DEV AS network for specified periods in an advertised role. Or use provided HTML code to display ads in the rotator mood on the Advertiser website.

2.2 Editorial Review – TPUK DEV AS editors will review each website individually and has the right to reject the Publisher’s website for any reason. Upon passing the editorial review, the advert will be displayed in the TPUK DEV AS network or HTML code will be provided.

2.3 Technical Support – Members may receive technical help and resolve billing inquiries by emailing TPUK DEV  Technical Support using our “contact us” page

2.4 Display Website Category, Description, Title and Preview page – Displayed content of customer’s advert/website supplied by TPUK DEV  editors as seen fit to the TPUK DEV AS is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of fitness for a particular purpose. Neither this agreement nor any documentation furnished under it is intended to express or imply any warranty that the TPUK DEV AS program will be uninterrupted, timely or error-free. TPUK DEV UK LIABILITY TO THE MEMBER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY THE MEMBER TO TPUK DEV  OVER THE COURSE OF THE EXISTING TERM. USE OF TPUK DEV  SERVICE SUBMISSIONS: By submitting material or web page listings to the TPUK DEV AS (including information regarding the listing and or advertising) you are irrevocably granting TPUK DEV AS, its licensees, and any entities in the TPUK DEV AS Distribution Network, the right to use all parts of the material, without limitation, including modifying it or using it commercially and authorizing others to do so. TPUK DEV AS reserves the right to edit, refuse, reject or remove any website or listing at its discretion at any time from the TPUK DEV AS network.

3.0 MEMBER REPRESENTATIONS Member/client affirms that he is the legal owner of the URL and/or advert specified in his account, an employee of the legal owner of the domain and/or advert, or has obtained express written permission from the legal owner of the domain and/or advert for use of the Directories Service with the domain and/or advert. Member/client expressly agrees to indemnify TPUK DEV AS from any claims by any third party arising from the use of the Directories Service with the specified URL and/or advert.

4.0 PAYMENTS. TPUK DEV AS reserves the right to amend/change the price for services provided at any time with 30 days prior notification to member/client which may be posted on the TPUK DEV AS website or emailed to members/clients directly.

TPUK DEV AS will refund the member/client the balance that is accrued in the member/client account within 60 days of providing the claim for refund (if approved). Payment will be made by:

• PayPal – if our client/member has got a valid PayPal account.
• Via wire transfer (transfer fees will apply for overseas customers)

5.0 TERMINATION

5.1  Either Member/Client or TPUK DEV AS may terminate the Service with or without cause at any time and effective immediately and without prior notice. TPUK DEV AS may terminate by a written or email notice to the member/client. Notices of termination initiated by Member/Client must be done through the TPUK DEV AS online account management area or by email. TPUK DEV AS shall not be liable to Member/Client or any third party for termination of Service. Should Member/Client object to any terms and conditions of the ASA or any subsequent modifications herein or become dissatisfied with the Service in any way, Member’s/Client’s sole recourse is to immediately:

• Discontinue use of the Service
• Terminate Service subscription;
•  Notify TPUK DEV AS of termination.

Upon termination of the Subscription, Member’s/Client’s right to use the Subscription Services immediately ceases. Member/Client shall have no right and TPUK DEV AS shall have no obligation thereafter to forward any information associated with Member’s/Client’s account. Any amounts paid for the month in which you cancel and any monthly fee(s) for any month that expired before your termination are non-refundable.

6.0 Either party may terminate the TPUK DEV AS subscription on thirty (30) days’ notice if the other party has materially breached or is otherwise not in compliance with any provision of the ASA, and such breach or noncompliance is not cured within such thirty (30) day period. TPUK DEV AS reserves the right to IMMEDIATELY suspend any customer access to the TPUK DEV AS services until such breach or noncompliance is cured.

6.1 Termination for Illegal or Other Activity. Notwithstanding the foregoing, TPUK DEV AS may, but has no duty to, immediately terminate the Member/Client account and remove it from TPUK DEV AS servers if TPUK DEV AS in its sole discretion concludes that Member/Client is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of TPUK DEV AS or others. Any termination under this Section shall take effect immediately and Member/Client expressly agrees that it shall not have an opportunity to cure.

6.2 Waiver. Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.

6.3 Deletion of Information. Upon termination, TPUK DEV AS reserves the right to delete from its servers any and all information contained in Member’s/Client’s account, including but not limited to order processing information, mailing lists, and any data generated by the Software.

6.4 The provisions of Section 13.0 (Proprietary Rights), Section 12.0 (Indemnity), and Section 7.0 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.

7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES THE DIRECTORIES SERVICE AND SOFTWARE/CODE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE TPUK DEV AS SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE/CODE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MEMBERS MUST DETERMINE THAT THE SOFTWARE/CODE ADEQUATELY MEETS ITS REQUIREMENTS, INCLUDING THE SECURITY, USED TO PROTECT MEMBERS’/CLIENTS’ PASSWORDS. MEMBER/CLIENT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MEMBER/CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD TO CUSTOMER’S COMPUTER OF SUCH MATERIAL AND/OR DATA. MEMBER/CLIENT ACKNOWLEDGES AND AGREES THAT THE CONTENT OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MEMBER/CLIENT WILL BE SOLELY RESPONSIBLE FOR REVIEWING THE CONTENT FOR OFFENSIVE OR DAMAGING CONTENT AND TPUK DEV AS SHALL NOT BE LIABLE FOR ANY OFFENSIVE CONTENT OR DAMAGING CONTENT AND MEMBER/CLIENT IS SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE CONTENT OF THE SERVICE, CONTENT FROM THE DOWNLOAD OR UPLOAD VIA ANY MEANS TO CUSTOMER’S COMPUTER OF SUCH MATERIAL AND/OR DATA. TPUK DEV AS, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF TPUK DEV AS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM MEMBERS/CLIENTS USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE. TPUK DEV AS’S LIABILITY TO MEMBERS/CLIENTS SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MEMBERS TO TPUK DEV AS OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.0 MODIFICATIONS TO TERMS OF SERVICE

TPUK DEV AS reserves the right to modify the ASA at any time by TPUK DEV AS posting a new agreement on our website. If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation in the program following our posting of a new agreement on our site will constitute binding acceptance of the change.

9.0 MODIFICATIONS TO SERVICE

TPUK DEV AS reserves the right to modify or discontinue the Service with or without prior notice to Member/Client. TPUK DEV AS shall not be liable to Member/Client or any third party should TPUK DEV AS exercise its right to modify or discontinue the Service.

10.0 SUSPENSION OF SERVICE

TPUK DEV AS reserves the right to suspend the Service with or without cause at any time and effective immediately. The suspension will be accompanied by written or email notice pursuant to Section 16.0 regarding notices.

11.0 NO RESALE OR ASSIGNMENT OF SERVICE

Member agrees not to resell or assign or otherwise transfer its rights or obligations under the ASA without the express written authorization of TPUK DEV AS

12.0 INDEMNITY

Member/Clients agrees to indemnify and hold harmless TPUK DEV AS  and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including attorney’s fees, made by any third party due to or arising out of Members/Clients conduct, Members/Clients use of the Service, the goods or services offered at Members/Clients website, any alleged violation of the ASA, or any alleged violation of any rights of another, including but not limited to Members/Clients use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Members/Clients website. TPUK DEV AS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Member/Clients, but doing so shall not excuse Members/Clients indemnity obligations.

13.0 PROPRIETARY RIGHTS

13.1 Software License. Member/Client acknowledges and agrees that the Service is intended for access and use by means of web browsing software and that TPUK DEV AS does not commit to supporting any particular browsing platform. TPUK DEV AS reserves the right at any time to revise and modify the service, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the service, without notice to Member/Client. If any revision or modification to the service materially changes Members/Clients ability to conduct business, Members/Clients sole remedy is to terminate the ASA pursuant to Section 6 regarding termination of service.

13.2 TPUK DEV AS Intellectual Property. Member/Client acknowledges and agrees that content available from TPUK DEV AS or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 12.1 above.

14.0 MEMBER PRIVACY

14.1 Member/Clients Information. TPUK DEV AS maintains information about Member/Client and the Members/Clients Data on servers, including but not limited to Members/Clients account registration information, Member’s/Client’s customer order information, Members/Clients Website information (“Member/Clients Information”).

14.2 Member/Clients agree that TPUK DEV AS may disclose Member/Client Information in the good faith belief that such action is reasonably necessary:

• To comply with the law
• To comply with the legal process
• To enforce the ASA
• To respond to claims that the Member/Client website is engaged in activities that violate the rights of third parties
• To protect the rights or interests of TPUK DEV AS or others; provided, however, that nothing in this section shall impose a duty on TPUK DEV AS to make any such disclosures.

14.3 Password. Member/Client shall receive a password(s) from TPUK DEV AS to provide access to and use of the Software and Services. Member/Client is entirely responsible for any and all activities which occur under Members/Clients account(s) and password(s). Member/Client agrees to keep its password(s) confidential, to allow no other person or company to use its account(s), and to notify TPUK DEV AS promptly if Member/Client has any reason to believe that the security of its account(s) has been compromised.

14.4 Technical Access. Member/Client acknowledges and agrees that technical processing of Member/Client Information is and may be required:

• For the Service to function
• To conform to the technical requirements of connecting networks
• To conform to the technical requirements of the Service
• To conform to other, similar technical requirements. Member/Client also acknowledges and agrees that TPUK DEV AS may access Member’s/Clients account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

15.0 FORCE MAJEURE Neither party shall be liable to the other for any delay or failure in performance under the ASA resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

16.0 NOTICES Any notices or communications under the ASA shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below.

Such notices shall be addressed to “[email protected]”