GENERAL
These Terms and Conditions apply to the Advertisers creating accounts on Location Driven Advertising for the purpose of broadcasting their messages to the public through the mobile devices. The Advertiser has to agree on those on creating an account.
Location Driven Marketing, and its components Discount Locator and Location Driven Advertising, is a communication platform for mobile devices owned by Location Driven Marketing SRL, ("Location Driven Marketing") a limited liability company incorporated in Romania. Location Driven Marketing allows people to create and broadcast messages to communicate on consumer mobile devices.
These terms and conditions are the terms on which Location Driven Marketing allows you to place a message or advertisement on the Location Driven Advertising platform.
Acceptance of terms and conditions: These terms and conditions are the terms on which Location Driven Marketing allows you to advertise on the Location Driven Marketing platform. By Advertising on the Location Driven Marketing platform, you are deemed to have accepted these terms and conditions and are bound by them. If you do not accept these terms and conditions, you must refrain from Advertising on the Location Driven Marketing platform.
DICTIONARY
In these terms and conditions, the following expressions have the meanings set out:
CAMPAIGN STATUS
These Terms and Conditions apply to the Advertisers creating accounts on Location Driven Advertising for the purpose of broadcasting their messages to the public through the mobile devices. The Advertiser has to agree on those on creating an account.
Location Driven Marketing, and its components Discount Locator and Location Driven Advertising, is a communication platform for mobile devices owned by Location Driven Marketing SRL, ("Location Driven Marketing") a limited liability company incorporated in Romania. Location Driven Marketing allows people to create and broadcast messages to communicate on consumer mobile devices.
These terms and conditions are the terms on which Location Driven Marketing allows you to place a message or advertisement on the Location Driven Advertising platform.
Acceptance of terms and conditions: These terms and conditions are the terms on which Location Driven Marketing allows you to advertise on the Location Driven Marketing platform. By Advertising on the Location Driven Marketing platform, you are deemed to have accepted these terms and conditions and are bound by them. If you do not accept these terms and conditions, you must refrain from Advertising on the Location Driven Marketing platform.
DICTIONARY
In these terms and conditions, the following expressions have the meanings set out:
- Agreement means these terms and conditions;
- “we”, “us” and “our” are a reference to Location Driven Marketing;
- “you” and “your” are a reference to you;
- Location Driven Marketing, LDM – the system in its entirety
- Location Driven Marketing SRL is the Romanian legal entity that holds all the rights for the Location Driven Marketing, Discount Locator and Location Driven Advertising concept.
- Discount Locator, DL – the application for the Smartphone
- Location Driven Advertising, LDA – the web deployed restricted and secure application for setting up advertising messages, locations and time of broadcast used by Advertisers.
- Location Driven Marketing Administrator, LMA – is the administration part of the application where message content and networks and campaigns are approved by the representative of Location Driven Marketing SRL who has the the role of Administrator. Manages Location and Location Networks. Also verifies the payment cycle is closed.
- Consumer – the person using a Smartphone with the Discount Locator application installed.
- Advertiser - means anyone who legally places Advertising on Location Driven Marketing platform; Any person who has requested and been authorized by us to have login access to add, modify, delete or otherwise administer Content on the Location Driven Advertising platform, and including any other person who the authorized person shares their login access with.
- Advertising - means the submission of any advertisement or message irrespective of its content for placement on one of the advertising positions, time and locations made available by Location Driven Marketing;
- Message or Content - means any information posted to the Location Driven Marketing platform by any Advertiser including but not limited to any advertisement, message, text, images, photos, or any other materials and in instances where a link is created to any external site. The definition includes the content of such external.
- Location Point, LP - is the geographical, physical point defined by latitude and longitude where the broadcast will be performed and where trading takes place.
- Location Network, LN– a multitude of location points with similar attributes
- Location Radius, LR– is the radius of the area around the location point where the broadcast will be triggered
- Location Ping Time, LPT– interval of time the DL checks for presence in the location of interest.
- Broadcast Time, BT – is the time interval of one hour or more when the BM will be transmitted in the designated Location or Location Network.
- Billing Units – One billing unit for LDM is defined by the one hour broadcast interval and by one location.
- Priority Position – Is the position order that the message will be displayed on the consumer smart device.
CAMPAIGN STATUS
- Draft - Campaign creation is in progress
- Initiated - All campaign data was entered, message, locations and hours and has been sent for approval of LDM Administrator
- Approved - The campaign has been approved and proforma has been issued and email sent to advertiser. The campaign awaits payment, or payment proof
- Rejected - The campaign has been rejected and email has been sent to inform the Advertiser
- Active - Payment has been received and the campaign is now active and it will be broadcasted as scheduled
- Broadcasting - The campaign is in execution, in the broadcasting process
- Suspended - The execution of the campaign has been suspended.
- Finalised - The campaign has been executed and broadcast has finished
- Expired - The campaign start date has passed without payment being received and it is scheduled for deletion, email sent to advertiser
- MESSAGE RULES
- The message has to bring real monetary quantifiable benefits to the consumer. This can be done but not limited to, in form of discount, price reduction, multiple items, vouchers etc.
- The message has to be clear and concise.
- The language used has to be decent.
- The communication has to be truthful.
- No negative advertising allowed.
- No message referring to any other product or supplier
- Your product or service is in trading at the location and time of Broadcasting.
- The message must contain information about one product only or one range of products. A range of products means they are similar in respect of use, type, model or manufacturer. The Link in the message can NOT lead to information about other products or product categories that go beyond one single product or range that are the sole subject of the message.
- SPECIFIC WARNINGS
- The services: Location Driven Marketing provides a media for the advertiser to communicate with the consumer. Material on the Location Driven Marketing platform is supplied by Advertisers and Location Driven Marketing does not take responsibility for content of the messages. Location Driven Marketing assumes no responsibility or liability for the display of materials or products or services that are inaccurate, inappropriate, offensive or sexually explicit. If you become aware of misuse of the Location Driven Marketing platform by any person, please contact Location Driven Marketing or click on the "Report Abuse" link at the bottom of any Location Driven Marketing page.
- At your own risk: any interaction, transactions or other contact between you and any Consumers are conducted entirely at your own risk. You agree that Location Driven Marketing takes no responsibility or liability (including consequential loss) for any misconduct of any Advertisers, Editors or Users including, without limitation, people who have registered under false pretenses or who attempt to defraud you. Location Driven Marketing gives no undertakings, representations, or warranties in relation to the use of the Location Driven Marketing platform, including as to the accuracy or truth of the Content or that the results from your Advertising will meet your requirements or expectations.
- DISCLAIMER
- You expressly understand and agree that:
- Your placement of Advertising is at your sole risk. The Location Driven Marketing platform and Advertising are provided on an "as is" and "as available" basis. Location Driven Marketing does not warrant timely, secure, error- and interruption-free provision of Advertising. Location Driven Marketing expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Location Driven Marketing cannot guarantee and does not promise any specific results from use of the Advertising. The exclusion of warranties does not affect your right of withdrawal. To the maximum extent permitted by law and without limiting clause, Location Driven Marketing disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Location Driven Marketing does not warrant that the display of Advertising will be uninterrupted, timely, secure, or error free, or
- that any information (including Advertising) provided through the Location Driven Marketing platform is error-free or reliable. Furthermore, Location Driven Marketing reserves the right at any time to temporarily or permanently discontinue your Advertising with or without notice and you specifically agree that Location Driven Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of your Advertising;
- No advice or information that is obtained by you from Location Driven Marketing or anyone else shall create any warranty by Location Driven Marketing that is not expressly stated in these terms and conditions; and
- Responsibility for the Content of Advertising on this Location Driven Marketing platform (including hyperlinks) rests solely with the Advertisers. The placement of such advertisements on the Location Driven Marketing platform does not constitute Location Driven Marketing's recommendation or endorsement of the advertised product or service. Each Advertiser is solely responsible for any representation made in connection with its advertisement.
- Location Driven Marketing reserves the right, in its sole discretion, to reject, refuse to post or remove any Advertising placed by you, or to restrict, suspend, or terminate your access to Advertising at any time with or without prior notice and the liability of Location Driven Marketing is limited in value to a refund of the advertising charges paid or payable by the Advertiser.
- Location Driven Marketing may send emails or SMS messages to you for the purpose of promoting Advertising, or relating to your Advertising on the Location Driven Marketing platform, and for promoting and marketing other Location Driven Marketing products and services to you. Location Driven Marketing may also send electronic newsletters or product offers to you, and such newsletters or offers will contain clear and obvious instructions on how you can unsubscribe from the emailing list.
- You must not attempt to impersonate another Advertiser or improperly use another Advertiser's advertising position on the Location Driven Marketing platform. You must not disclose your login ID or password or Advertiser login link to any other party or allow anyone else to access your Advertising position on the Location Driven Marketing platform using your login ID or password or link.
- You may not rent, sell, license or otherwise dispose of or encumber the Advertising position that Location Driven Marketing may at its sole discretion allow you to use on the Location Driven Marketing platform. Location Driven Marketing exclusively retains and reserves all rights to any Advertising position on the Location Driven Marketing platform and may at the sole discretion of Location Driven Marketing take over any such Advertising position or restrict access to it.
- Any Content you submit as Advertising is subject to the prior approval of the Administrator of the Location Driven Marketing platform. The administrator is entitled to reject your Content if:
- they deem it to be offensive, inappropriate, illegal or if it breaches this Agreement and in such instances you shall not be refunded any payment you made for your submission of such Content, or
- they, in their sole discretion, do not wish to display your Advertising for another reason and in such instances you shall be refunded any payment you made for your submission of such Content.
- LIABILITY
- You agree that to the maximum extent permitted by law any and all liability and responsibility of Location Driven Marketing to you or any other person under or in connection with these terms and conditions, or in connection with the Location Driven Marketing platform, another User's acts or omissions, or your use of or inability to use the Location Driven Marketing platform is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Location Driven Marketing's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. Location Driven Marketing will not be responsible for any incorrect or inaccurate content posted on the Location Driven Marketing platform, whether caused by Advertisers or by any of the equipment or programming associated with or utilized in the Location Driven Marketing platform. Messages created and posted by Advertisers on the Location Driven Marketing platform may contain links to other external sites. Location Driven Marketing is not responsible for the content, accuracy or opinions expressed on such external sites, and such sites or links are in no way investigated, monitored or checked for accuracy or completeness by Location Driven Marketing. Inclusion of any linked sites on the Location Driven Marketing platform does not imply approval or endorsement of the linked sites or their content by Location Driven Marketing. When you access these third-party sites, you do so at your own risk. Location Driven Marketing takes no responsibility for third party advertisements which are posted on these external sites, nor does it take any responsibility for the goods or services provided by its Advertisers. Location Driven Marketing is not responsible for the conduct, whether online or offline, of any Advertiser.
- Indemnity: You agree to indemnify and hold Location Driven Marketing, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Advertising in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post or activity you conduct on the Location Driven Marketing platform causes Location Driven Marketing to be liable to another.
- Breach: Without limiting any other rights and remedies available to Location Driven Marketing, Location Driven Marketing may limit your activities on the Location Driven Marketing platform, remove your Advertising, warn Consumers of your actions, issue a warning to you, suspend or terminate your access to the Location Driven Marketing platform, or refuse to provide Advertising to you if you breach these terms and conditions or where Location Driven Marketing considers it appropriate.
- Eligibility: By placing Advertising, you represent and warrant that any Advertising you place on the Location Driven Marketing platform is truthful and accurate and does not violate any applicable law, regulation or code of the Romanian Advertising Standards Authority.
- Password: When you become an Advertiser, you will be allocated a password or provided with a unique hyperlink to the Location Driven Advertising application that enables you to manage your Advertising. You are entirely responsible for maintaining the confidentiality of any such password. You agree to notify Location Driven Marketing immediately if you suspect any unauthorized use of your password or access to the Location Driven Advertising and you are solely responsible for any and all use of your password and advertising position.
- TERM AND TERMINATION
- This Agreement shall commence from when you click the Location Driven Marketing platform checkbox to accept this Agreement and the term of this Agreement shall then be valid for as long as you use the application.
- You may terminate this Agreement at any time by notifying the Location Driven Marketing Administrator.
- Location Driven Marketing may terminate your access to the Advertising at any time, without notice. Without limiting the foregoing, Location Driven Marketing may terminate your access to the Advertising if a serious complaint or multiple complaints are received about you from other Advertisers or Consumers, if you breach these terms and conditions, if your Advertising fails to comply with the legislation of the Romania Advertising Standards Authority, if you impersonate another Advertiser, or if we, at our sole discretion, deem your behavior to be unacceptable. You may not be entitled to any refund for termination on these grounds.
- FEES
- Any Advertising you place on the Location Driven Marketing platform shall attract the fee that is stated on the Location Driven Marketing platform at the point at which you elect to place your Advertising.
- You Campaign will become active only after the message content and locations have been approved by the Location Driven Marketing Administrator has approved them AND payment for the entire campaign has been received by Location Driven Marketing.
- Any Advertising position, time and location, on the Location Driven Marketing platform may be sold to more than one Advertiser at the same time and in the event that more than one Advertiser has paid for the same Advertising position for the same time and location, then the Priority Position shall be proportionate to the amount you paid for the entire campaign compared to the amount(s) paid by other Advertisers for their campaigns. By way of example only, if another Advertiser chooses the same Advertising position as you and their campaign value is higher than yours, then their Advertising message will be displayed above yours. Your final position, Priority Position, will be established on the deadline for payment which is at is 23:59 on the previous day from the start date of your campaign.
- All and any fees for Advertising must be paid prior to your Advertising being broadcasted on the Location Driven Marketing platform. The deadline for payment is 23:59 on the previous day from the start date of your campaign.
- Your Advertising is deemed to have been delivered as soon as it is displayed on the Location Driven Marketing platform as active, regardless of the number of devices that have received it.
- In case the advertiser decides to suspend an active or while broadcasting campaign there will be no refund as the time has been already allocated and no other advertiser can use it.
- Location Driven Marketing can choose to modify the classification of the locations or the hours from regular to premium or premium to regular without prior notice, according to market demands. The changes will be visible when creating the campaigns.
- METHODS OF PAYMENT
- Payment by impressions. Impressions are when an advertisement, campaign is shown on a user's screen.
Proforma will be issued at the end of the calendar month and emailed to you based on the reports of concluded campaigns.
Upon payment received a invoice will be sent. In case of non-payment within 5 business days, all campaigns will be suspended. - Campaign payment.
Campaigns are priced on hours per locations units.
Pro-forma is issued for each campaign inside the Location Driven Advertising platform and it can be downloaded from here.
Payment through bank transfer or card e-payment. Invoice is e-mailed in the last day of the month.
The minimum order value is 25 EUR. In case your campaign order is less, than it will be charged at minimum order value. - Subscription payment.
Subscription gives you unlimited number of campaigns for a year.
To purchase an annual subscription please fill out and email the Subscription Order Form. - Content Service.
This service takes away the effort of allocating your resources to upload your advertising content. We do it.
Two upload options: you send us the content via email or you indicate the website from which we will select and upload them.
Available for subscriptions only except Agent Subscription
- Payment by impressions. Impressions are when an advertisement, campaign is shown on a user's screen.
- PROPRIETARY RIGHTS IN CONTENT
- Location Driven Marketing does not claim any ownership rights in the Content that you post to the Location Driven Marketing platform. After posting your Content to the Location Driven Marketing platform, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose outside of the Location Driven Marketing platform. By displaying or publishing ("posting") any Content on the Location Driven Marketing platform, you hereby grant to Location Driven Marketing a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Location Driven Marketing platform. Without this license, Location Driven Marketing would be unable to display your Advertising. For example, without the right to modify Content, Location Driven Marketing would not be able to digitally compress Content to satisfy Location Driven Marketing's technical requirements, and without the right to publicly display your Content, Location Driven Marketing could not allow people to view your Advertising. The license you grant to Location Driven Marketing is non-exclusive (meaning you are free to license your Content to anyone else in addition to Location Driven Marketing), fully-paid and royalty-free (meaning that Location Driven Marketing is not required to pay you for the use on the Location Driven Marketing platform of the Content that you post), sub licensable (so that Location Driven Marketing is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Location Driven Marketing platform), and worldwide (because the Internet and the Location Driven Marketing platform are global in reach). This license will terminate at the time you or Location Driven Marketing removes your Content from the Location Driven Marketing platform.
- You represent and warrant that:
- You own the Content posted by you on the Location Driven Marketing platform or otherwise have the right to grant the license set forth in this section, and
- The posting of your Content on the Location Driven Marketing platform does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on the Location Driven Marketing platform.
- The Location Driven Marketing platform also contains content that is posted by Location Driven Marketing ("Location Driven Marketing Content"). Location Driven Marketing Content is protected by copyright, trademark, patent, trade secret and other laws, and Location Driven Marketing owns and retains all rights in the Location Driven Marketing Content and Location Driven Marketing platform.
- The Location Driven Marketing platform contains Content of other people who use the Location Driven Marketing platform. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Location Driven Marketing platform.
- MISUSE AND ABUSE
- Location Driven Marketing may delete any content or advertising banner or message that in the sole judgment of Location Driven Marketing violates this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.
- Location Driven Marketing assumes no responsibility for monitoring the Location Driven Marketing platform for inappropriate Content or conduct. If at any time Location Driven Marketing chooses, in its sole discretion, to monitor the Location Driven Marketing platform, Location Driven Marketing nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of anyone submitting any such Content.
- You are solely responsible for the Content that you post on the Location Driven Marketing platform. Location Driven Marketing does not endorse and has no control over the Content. Content is not necessarily reviewed by Location Driven Marketing prior to posting and does not necessarily reflect the opinions or policies of Location Driven Marketing. Location Driven Marketing makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is transmitted on the Location Driven Marketing platform.
- The following is a non-exclusive list of the kind of Content that is illegal or prohibited to post on or through the Location Driven Marketing platform. Location Driven Marketing reserves the right to investigate and take appropriate legal action against anyone who, in Location Driven Marketing's sole discretion, violates this provision, including without limitation, removing the offending Content from the Location Driven Marketing platform and terminating the access to the Location Driven Marketing platform of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Location Driven Marketing:
- promotes products that are illegal or controlled such as but not limited to drugs, tobacco, alcohol, etc...
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult site;
- provides any private telephone numbers, street addresses, or personal email addresses of any person under the age of 16;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from others;
- includes a photograph of another person that you have posted without that person's consent.
- The following is a non-exclusive list of the kind of activity that is illegal or prohibited on the Location Driven Marketing platform. Location Driven Marketing reserves the right to investigate and take appropriate legal action against anyone who, in Location Driven Marketing' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- the transmission of chain letters or junk email to Users.
- to collect and use any information displayed on the Location Driven Marketing platform in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent other than the display of your advertising banner or message in the position for which you have paid;
- designing your advertisement to mimic a message from Location Driven Marketing or a third party, or in a way which may confuse people to think that your advertising banner or message is from Location Driven Marketing or a third party, or is somehow endorsed by Location Driven Marketing or a third party;
- any automated use of the system, such as using scripts to change your advertising banner or message;
- interfering with, disrupting, or creating an undue burden on Location Driven Marketing's servers or the networks or services used by Location Driven Marketing to provide the Location Driven Marketing platform;
- attempting to impersonate another Advertiser, User or person;
- selling or otherwise transferring your Advertising position;
- using any information obtained from the Location Driven Marketing platform in order to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through your Advertising; or
- using the Location Driven Marketing platform in a manner inconsistent with any and all applicable laws and regulations.
- COPYRIGHT POLICY
- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other protected proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Location Driven Marketing to terminate Location Driven Marketing platform access and privileges of any Advertiser who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Location Driven Marketing by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Location Driven Marketing platform in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Location Driven Marketing platform; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statutory declaration statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- TRADEMARKS & COPYRIGHT USAGE on DISCOUNT LOCATOR app
- If you are a retailer or a producer or agent or employee and you choose to use Location Driven Advertising to advertise on Discount Locator than you agree implicitly that the logo, trademark, trade name and content that are to be displayed on Discount Locator application and you have permission from the copyright owner to do so.
- GENERAL RULES
- You must not damage, interfere with or harm the Location Driven Marketing platform, or any network, or system underlying or connected to it, or attempt to do so in any way including but not limited to uploading malicious flash files.
- You may not use a robot, spider, scraper or other automated means to access the Location Driven Marketing platform.
- Information featured on Location Driven Marketing platform is owned by Location Driven Marketing thus the copying or reproduction is forbidden.
- Content you place on the Location Driven Marketing platform must comply with the laws of Romania and the Romania Advertising Standards Authority codes.
- No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer. All advertisements should be prepared with a due sense of social responsibility to consumers and to society. Advertisements shall not imply a benefit to the environment which the product or services do not have. All advertisements should respect the principles of free and fair competition generally accepted in business. Advertisements shall not contain a misrepresentation, which is likely to cause damage to the business or goodwill of a competitor.
- Advertisements should not portray people in a manner which is reasonably likely to cause serious or widespread hostility, contempt, abuse or ridicule. Advertisements should not portray people in a manner which, taking into account generally prevailing community standards, is reasonably likely to cause serious or widespread offence on the grounds of their gender; race; colour; ethnic or national origin; age; cultural, religious, political or ethical belief; sexual orientation; marital status; family status; education; disability; occupational or employment status.
- Stereotypes may be used to simplify the process of communication in relation to both the product offered and the intended consumer. However, advertisements should not use stereotypes in the portrayal of the role, character and behaviour of groups of people in society which, taking into account generally prevailing community standards, is reasonably likely to cause serious or widespread offence, hostility, contempt, abuse or ridicule.
- Advertisements should not employ sexual appeal in a manner which is exploitative and degrading of any individual or group of people in society to promote the sale of products or services. In particular people should not be portrayed in a manner which uses sexual appeal simply to draw attention to an unrelated product. Children must not be portrayed in a manner which treats them as objects of sexual appeal.
- Advertisements shall not present or portray violence unless it is justifiable in the context of the product or service advertised. Advertisements shall not depict material contrary to prevailing community standards on health and safety. Advertisements shall only use language which is appropriate in the circumstances and profanity or strong or obscene language shall be avoided.
- Humour and satire are natural and accepted features of the relationship between individuals and groups within the community. Humorous and satirical treatment of people and groups of people is acceptable, provided that, taking into account generally prevailing community standards, the portrayal is not likely to cause serious or widespread offence, hostility, contempt, abuse or ridicule.
- GENERAL PROVISIONS
- System Integrity: Location Driven Marketing will use its reasonable endeavours to ensure the availability of the Location Driven Marketing platform, subject to any downtime required for maintenance. However, Location Driven Marketing takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Location Driven Marketing platform being unavailable. Further, Location Driven Marketing assumes no responsibility for the corruption of any data or information held by Location Driven Marketing. In addition, Location Driven Marketing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Advertiser or communication. Location Driven Marketing is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on the Location Driven Marketing platform or combination thereof.
- Resolution of disputes: You agree not to involve, or attempt to involve, Location Driven Marketing in any dispute or in the resolution of disputes that arise between you and another Advertiser, Editor or Consumer or their agents.
- In the event of a dispute between you and Location Driven Marketing in relation to this agreement, you shall first seek to resolve such dispute by giving notice in writing to Location Driven Marketing and in good faith endeavor to resolve the dispute. If the dispute is not resolved within twenty eight days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), the parties shall seek mediation and if the dispute still remains unresolved for a further twenty eight days the parties shall submit to the arbitration of a sole arbitrator appointed jointly by the parties, and if one cannot be agreed upon within 14 days, to an arbitrator appointed and determined in accordance with the Mediation Law and the law of Romania.
- Force Majeure: Location Driven Marketing has no liability for any lack of performance, unavailability or failure of the Location Driven Marketing platform, or for any failure of Location Driven Marketing to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Location Driven Marketing.
- No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
- Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
- Governing Law: These terms and conditions are governed by the laws of Romania. You submit to the non-exclusive jurisdiction of the Courts of Romania.
- Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
- Privacy: Location Driven Marketing does not collect any personal information about you through your use of the Location Driven Marketing platform, in accordance with our Privacy Policy.
- We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Location Driven Marketing, our users, or others. Please review our Privacy Policy.