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Terms and Conditions
The following terms and conditions (“Terms”) must be
read by persons wishing to place advertisements
(referred to in these Terms as “advertisers” or
“you” – depending on the context) with TLV
Productions (referred to in these Terms as “TheLatinVoice.com”,
“us” or “we” – depending on the context). You are
required to accept these Terms before proceeding to
place an ad and or advertise with us and by
accepting, you agree to be bound by and to comply
with these Terms as stated below. TheLatinVoice.com
reserves the right to change these Terms from time
to time.
1. You are responsible for ensuring that all
material provided to us will not infringe any other
person’s copyright or other intellectual property
rights and you are also responsible for complying
with all other legal requirements applicable to the
advertisement you place with us.
2. You must ensure that your ad will not:
a. contain or refer to any misleading, deceptive
or fraudulent statements or offers;
b. offer for sale any illegal items ;
c. contain any obscene, threatening, indecent or
defamatory material or material disclosing
confidential information; or
d. disclose information which identifies an
individual or which can be used to identify an
individual unless that person has consented to their
personal information being disclosed.
3. You agree that TheLatinVoice.com has an
unfettered right to use (in any way it sees fit) any
copyright subsisting in any advertisement you place
with TheLatinVoice.com. It is your responsibility to
procure necessary moral rights consents from authors
of work you submit to us with an ad to enable us to
use this work as stated in this section.
4. TheLatinVoice.com makes no guarantees or
representations regarding placement of your ad or
the content of ads grouped with your ad.
5. TheLatinVoice.com is not liable for any errors or
typos which appear in your ad (regardless of whether
the relevant error is our responsibility or yours).
Exclusion of Warranties
6. TheLatinVoice.com does not and cannot guarantee
continuous, uninterrupted access to our services and
to this site and/or individual sites run by
TheLatinVoice.com which are linked from this site
(collecting, the TLV site). While we endeavour to
ensure availability of and access to the TLV site,
operation of this site and our services may be
interfered with by numerous factors, including by
factors outside of our control.
7. TheLatinVoice.com provides this service “as is”
and without any warranty or condition, express or
implied. TLV expressly excludes (to the fullest
extent permitted at law) all warranties of any kind,
including, without limitation, any implied
warranties as to fitness of purpose or
merchantability of this service or that using this
service will not result in infringement of third
party rights (including, but not limited to,
intellectual property rights). In addition,
TheLatinVoice.com makes no warranty that the
services provided by us, including the TLV site,
will be timely, secure or error free.
Limitation of Liability
8. TheLatinVoice.com will not be liable for any
lost profit or any direct, indirect, incidental,
special or consequential loss or damage (including
but not limited to economic damages) incurred by you
arising out of or otherwise in connection with your
use of the TLV site or our services (including as a
result of any negligent act or omission).
TheLatinVoice.com ‘s liability to you (including for
negligence and under any implied warranties which
cannot be excluded at law) is limited to (at our
election) the re-supply of services supplied or
offered by us or the cost of this re-supply.
Indemnity
9. You agree to indemnify us and hold us, our
subsidiaries, related companies, officers,
directors, employees and agents harmless from all
liability (including, but not limited to, liability
as a result of or in connection with infringement of
a third party’s intellectual property right or moral
right, and negligence) and any claim or demand
(including any claim or demand made by any third
party or any claim or demand based on negligence) as
a result of or otherwise in connection with these
Terms, the TLV site or use of the TLV site or our
services.
Advertising Policy
10. Only ads fully completed and paid for will be
accepted for publication in TheLatinVoice.com that
week. Ads received after deadline will be published
in TheLatinVoice.com the following week after
payment is received. Please submit material with
Payment to avoid delays, frustration and
disappointment.
11. We reserve the right to (at our sole discretion)
verify the availability of articles offered for sale
and to select, edit, condense, determine the
duration of, change the nominated category of, or
refuse, an ad. We will also refuse to publish ads
that offer for sale any item that is deemed by us
(at our sole discretion) to be inappropriate for
publication. Under certain circumstances (and at our
sole discretion), we may only accept ads on a
prepaid basis.
12. Ads may be cancelled or withdrawn (at our sole
discretion) any time up until the relevant deal. If
this occurs, and the ad was prepaid, a refund (which
may be subject to deductions to meet our reasonable
costs) will be provided. Ads not cancelled or
withdrawn prior to publication must be paid for in
full.
13. The ad placement system is available to both
private and commercial advertisers. Advertisers
placing ads with us via these means will be subject
to these Terms.
14. TheLatinVoice.com’s, "No Risk" advertising to
advertisers genuinely prepared to sell at Fair
Market Value.
15. It is your responsibility to notify
TheLatinVoice.com upon the sale of the advertised
item to ensure that the ad is removed from this site
and subsequent printed publications.
16. You must be the legal owner of the item you are
advertising (or have the permission of the legal
owner to place the ad). In addition, any phone
number provided by you for listing in an ad must be
yours, or you must have permission to use it. You
must ensure that any phone number listed in your ad
is correct.
17. The cost of your ad will be calculated by the
system according to the publication, category and
payment option chosen. Please see the Ad Pricing
Schedule for further details.
18. All ads placed must be prepaid.
19. To place a prepaid ad using this site you may
use a Cheque or Money order made payable to TLV
productions. TheLatinVoice.com does not accept your
paid ad for approval until a successful payment has
been confirmed.
Personal Information, Security and Passwords
20. TheLatinVoice.com needs to collect certain
personal information from advertisers in order to
process and place an ad, and we may contact you to
provide certain follow up services designed to
assist you to sell items you advertise. If you do
not send us the information which is required, we
will not be able to accept your ad. Other than
personal information which you send to us for
inclusion in your ad, we do not disclose your
information to third parties. However, we may share
your information with other companies within the
TheLatinVoice.com for business related purposes and
to assist us to provide better services to
advertisers and users of our site. Please see our
privacy policy for more information on how we manage
personal information and for details on who to
contact for privacy related queries. Our privacy
policy also has details on how to contact us to
exercise your right of access to personal
information we hold about you. Please note, that
depending on when you placed your ad, your
information may no longer be held by us.
21. Your article ceases to be "AVAILABLE" if someone
answering your phone says it is no longer for sale,
your home phone is disconnected or you no longer
have permission to use your business phone, you move
out of the area, you decide to give away the
article, you advertise, give, trade or sell the
article through some other means.
22. Articles not kept "AVAILABLE" for any reason
will then be regarded as sold and you must pay us
the “Pay On Sale” ad fees.
Governing Law
23. These Terms (and your dealings with us) are
subject to the laws of New South Wales, Australia.
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