Terms of Use
1. Accepting these Terms
This document and the other documents that we reference below make up our Terms of Use (hereinafter referred to as "Terms").
The Terms are a legally binding contract between you and AdSella.
This contract sets out your rights and responsibilities when you use the services provided by AdSella (hereinafter, we will refer to our website, AdSella.com, and other services as our "Services"), so please read it carefully. The term "Website" in these Terms shall refer to AdSella.com. By using any of our Services (even just browsing our Website), you're agreeing to the Terms. If you don't agree with the Terms, you may not use our Services.
2. Terms for Buyers and Sellers
AdSella's Services bring people from around the world together, both online and offline to buy and sell ad space and technical items and services. AdSella provides technology, community and marketplace features to these people.
Our Terms of Use for Sellers. If you list any items for sale through our Services, you also agree to our Policies for Sellers as part of these Terms. These include but are not limited to the Checkout Policy and the Fees & Payments Policy. Sellers are responsible for items they list and ensuring that the items they list do not violate any local, state, or federal trade laws.
Our Terms of Use for Buyers. If you make a purchase through our Services, you also agree to our Policies for Buyers as part of these Terms. These include but are not limited to the Checkout Policy.
3. Privacy Policy
Your privacy is very important to us. Our Privacy Policy explains how your information is used when you use our Services, and it's also a part of our Terms, so please read it here.
4. AdSella Accounts
In order to use some of our Services, you'll have to create a AdSella account. An account is created for you when you "sign in" to AdSella using a third-party application or when you make a purchase on the site as a guest. If you forget or do not know your password, you can initiate a reset password request.
A. You must be 18 or older to use our Services. If you are under 18 years of age, you may only use our Services under the supervision of a parent or legal guardian.
B. Honesty is essential. You agree to provide accurate information about yourself. The use of false information or impersonation of another person or company through your account is not permitted and will at a minimum result in termination of your account and a lifetime ban from AdSella.
C. You must be polite. A username that is offensive, vulgar, or infringes someone's intellectual property rights violates the Terms. In addition, any comments, items descriptions, images, or additional content that is deemed offensive by AdSella violates the Terms and is subject to removal from the site. AdSella reserves the right to deactivate accounts and ban users based on inappropriate content.
D. Be responsible. You are solely responsible for all activity on your account, even if you share an account with other people. If you sell items on the Website, you personally guarantee that you have the authority to agree to the Terms on behalf of the business you represent. Accounts are not transferrable.
E. Protect your password. Keep your password secure at all times. As we mentioned above, you are responsible for activity on your account, so it is important that you keep your account information secure.
F. Be clear about our relationship. Creating an account with AdSella or using our Services makes you an independent contractor with AdSella. No agency, partnership, joint venture, employment or franchisee relationship with AdSella is intended or created by the Terms.
5. Your Content
Any content that you post using our Services is your content (hereinafter referred to as "Your Content"). AdSella makes no claim to Your Content. That includes anything you post using our Services (profile pictures, images, item descriptions, reviews, comments, etc.).
A. You are Responsible for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you're not infringing or violating any third party's rights by posting it.
B. You Grant AdSella Permission to Use Your Content. By posting Your Content through our Services, you grant AdSella a license to use it. We don't claim any ownership to Your Content, but we have your permission to use it to help AdSella function and grow. That way, we won't infringe any rights you have in Your Content and we can help promote your collection.
C. Rights You Grant AdSella. By posting Your Content, you grant AdSella a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote AdSella, your AdSella collection, or the Services in general, in any formats and through any channels, including across any AdSella Services or third-party website or advertising medium.
D. Reporting Unauthorized Content. AdSella greatly respects intellectual property rights, and is committed to following legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us
E. Inappropriate, False or Misleading Content. In order to keep AdSella happy, there are types of content we don't want posted on AdSella's Services. You agree that you will not post any content that is abusive, threatening, defamatory, vulgar, obscene, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. Inappropriate content will be removed solely at our discretion.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services- subject to the Terms and the following restrictions:
7. Termination
Termination By You. We never like to see users go, but we make it easy to terminate your account with AdSella from your account settings. If you need any help terminating your account, please contact us.
Termination By AdSella. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. AdSella may refuse service to anyone, at any time, for any reason.
If you or AdSella terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. AdSella reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. We may terminate or suspend The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that AdSella does not control the websites you purchase from. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release AdSella from any claims related to items sold through our Services, including for misrepresentations by sellers.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. AdSella is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Third-Party Services. Our Services may contain links to third-party websites or services that we don't own or control (for example, links to Facebook, Twitter, Pinterest, and Stripe, among others). You may also need to use a third party's product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. AdSella is not a party to those agreements; they are solely between you and the third party.
Warranties. Our Services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We operate a network that is sometimes subject to outages and issues beyond our control. By using our services, you agree that you accept and understand these risks.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither AdSella, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall AdSella's aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid AdSella in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
We hope this never happens, but if AdSella gets sued because of something that you did, you agree to defend and indemnify us. That means you'll defend AdSella (and any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney's fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account's infringement of someone else's rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of AdSella's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
When necessary, AdSella will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. AdSella has no obligation to resolve any disputes.
Release of AdSella. You release AdSella from any claims, demands and damages arising out of disputes with other users or parties.
11. Disputes with AdSella
If you have a problem with AdSella, let us know, and hopefully we can resolve your issue. But if we can't, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of New Hampshire, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
B. Arbitration. You and AdSella agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and AdSella are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Forum. We're based in Rockingham County, New Hampshire, so any legal action against AdSella related to our Services must be filed and take place in Rockingham County. That means the seat of any arbitration shall be Rockingham County. For any actions not subject to arbitration, you and AdSella agree to submit to the personal jurisdiction of a state court located in Rockingham County, New Hampshire or the United States District Court for the District of New Hampshire.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New Hampshire.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we'll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
We may update these Terms from time to time. If we believe that the changes are material, we'll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Additional Legal Information
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and AdSella regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please contact us.