1.1. “The Ad Bar Ltd” means all companies and Websites connected with us. A company connected with us is a subsidiary company as defined in section 1156 of the Companies Act 2006 and or is controlled by the same person(s) who control The Ad Bar Ltd. The term “control” is specific to that defined in Section 416 of the Income and Corporation Taxes Act 1988.
1.2. “Advertising” means using The Ad Bar as a platform to endorse a product or service and “Ad”, “advertisement”, “online video advertising”, “video advertising”, “video advert” or “video” is construed accordingly.
1.3. “Advertiser” means the person who advertises a business or themselves, in the case of a Video CV, and is therefore responsible for the user data submitted to the Website.
1.4. “Agreement” means the binding contract between you and The Ad Bar Ltd.
1.5. “Associated Websites” means any additional subsidiary Website related to The Ad Bar i.e. The Ad Bar Video CV’s Website located at http://cv.theadbar.tv/.
1.6. “Candidate” means the person who submits a Video CV profile for the intent to make their CV profile publically noticed and “your” and “user”, “client” and “advertiser” is construed accordingly.
1.7. “Channel” means the account created by the user which is used and intended for use to advertise on The Ad Bar Website.
1.8. “Commencement date” means the start of the service agreement between The Ad Bar and you as the registered user and all other users related to the specific channel in reference to.
1.9. “Directory” means the searchable data content of all third party advertisers featured on our Website.
1.10. “Intellectual Property” (IP) means the exclusive rights and patents we attain over all intangible business assets including all trademarks, copyrights, design rights, trade secrets, database rights and all other intellectual rights registered or unregistered anywhere in the world.
1.11. “Keyword” means the descriptive style of content containing word(s) linking back to your channel.
1.12. “Maintenance Release” means any software updates necessary to repair, alter, upgrade or any other such improvement to the Website which corrects a fault or adds functionality but not necessarily constitutes as a ‘new version’.
1.13. “Medium” means the format of advertising by which the user selects to use as part of their advertising i.e. video, banner Ad, image, Website, display, inserts etc.
1.14. “My Bar” means your administration area which holds your user data and where you customise and tailor your advert, and “channel” or “profile” shall be construed accordingly.
1.15. “Promotional Campaign” means the prize draw arranged by The Ad Bar to provide incentive opportunities to winning entrants and “campaign” is construed accordingly.
1.16. “Relation” means any private or public relationship initiated between The Ad Bar Ltd and any third party associate and “third party”, “board of directors”, “suppliers”, “shareholders”, “stakeholders”, “investors”, “executives”, “employees”, “consultants”, “clients” and or any other third parties including communities affected by The Ad Bar activities shall be construed accordingly.
1.17. “Software” means any collection of data intelligence or applications which instruct our Website to perform and function accordingly.
1.18. “Schedule” means the timing duration given to you to advertise your product or service.
1.19. “Spam” means to send unsolicited bulk messaging to one or multiple recipients and “spamming” is construed accordingly.
1.20. “Termination” means, all rights granted to you through this agreement shall cease and you shall cease all activities authorised by this agreement and “cancel” and “cancellation” is construed accordingly.
1.21. “Testimonials” means any to “feedback” given from one party to another and “rating” is construed accordingly.
1.22. “User data” means all types of information submitted to The Ad Bar and its associated Websites and “images”, “videos”, “copy”, “text”, “logos”, “artwork”, “graphics”, “messaging”, “testimonials”, “ratings”, “comments” and “sound” is construed accordingly.
1.23. “Video CV” means the profile data submitted by a candidate to outline their CV in video format.
1.24. “We” means The Ad Bar Ltd including its subsidiaries, associates, partners, directors, employees and suppliers and “our” or “us” shall be construed accordingly.
1.26. “You” means the person, people, firm, company or organisation using The Ad Bar Websites and “your” and “user”, “client” and “advertiser” is construed accordingly.
2.1. Please note that from time to time, our Terms and Conditions may change and you will be deemed to accept the new Terms and Conditions as and when you next access the Website. Our recent version will be sited here.
2.2. All advertising accepted for publication on The Ad Bar in any marketing or online publications are accepted as subject to our Terms and Conditions. Any other Terms and Conditions outside this agreement stipulated by you will be invalid unless reviewed and agreed by The Ad Bar Ltd in written form.
2.3. This agreement lies between The Ad Bar Ltd and you and or as a candidate or user of this Website and no part of this agreement stands to grant benefit or can be enforceable by any third person who is not a party to this agreement.
2.4. The Ad Bar is a public site and therefore conduct must be observed at all times. It is therefore important that you administer the usage of this site in an appropriate way. When doing so, we ask that you only submit information that it factual, relevant and any such claims you suggest in advertising may be asked to be backed by evidence. It is important that you abide by all local laws and legislations to ensure that you are not breaking any of our policies. Here are a few additional points to consider whilst advertising with us:
2.4.1. Video adverts and other advertisements are not offensive, obscene or tasteless
2.4.2. Video adverts and other advertisements do not infringe the copyrights of others
2.4.3. Video adverts and other advertisements must not invade privileges or the privacy of others
2.5. The Ad Bar plays an essential role in advertising in both the business and consumer markets. We ensure that adverts’ listed on our site comply to high standards to protect our community. Our focus not only is to see that you enjoy watching great commercials, but also to be sure that the adverts you see are legal, decent, honest and trustworthy. We are here to protect both those who advertise and watch adverts by setting some rules and standards and acting upon those who break such regulations. Our standards include:
2.5.1. Monitoring closely adverts that appear on our site and acting swiftly against those which may break rules of offend viewers
2.5.2. Actively review complaints and take action against those adverts that are misleading, unlawful, harmful and offensive.
2.6. We do our best to preview all video content uploaded to The Ad Bar. From time to time we reserve the right to review random video adverts and other advertisements at selection. If you upload video content which we believe is unsuitable whether uploaded in reason or in error, we reserve the right to remove such content. For ongoing persistent infringing behaviour and misuse of our services, we may suspend your channel entirely and prohibit you from further use of The AD Bar and its services. As appropriate, we reserve the right to take further action to protect our business and the community within.
3. Contract Licence and Term
3.1. No form of contract of services will take place between The Ad Bar Ltd and you until we deem acceptance of all applications, scheduled advert times and signed agreements between both parties.
3.3. The user and all related users of the licensed channel bears no right to sub-licence or outsource the benefit or liability of this agreement in whole or in part without the written consent from The Ad Bar Ltd.
3.4. You acknowledge that we may sub-licence, assign or transfer any rights or obligations under this agreement and that we will give you written notice of any sub-licence, assignment or transfer accordingly.
3.5. The term of this agreement will start at the commencement date and will expire after 12 months if not sooner or as agreed by The Ad Bar Ltd.
4.1. You remain solely responsible for all user data content submitted to the Website either as an individual or as part of a group or a business. All activity associated with your ‘My Bar’ channel is represented by you regardless as to whether or not you posted such content. This includes all posted content to the Website and user data content such as images, videos, copy, text, logos, artwork, graphics, messaging, testimonials, ratings, comments and sound and other intellectual property.
4.2. You authorise and add consent to the ownership of all content posted onto the Website or in such cases, that you have the rightful permission to use such data from those who own that content.
4.3. You will be responsible to maintain and keep backups of all data and content submitted to the Website. We will not be responsible for any loss of data during an incident.
5. Advertising and Marketing
5.1. We maintain all marketing activities on the Website and through our promotional activity and we do our best to make sure that all our marketing is current, specific and relevant. All advertising placed on the Website is pertinent to available space and is subject to The Ad Bar’s discretion.
5.2. When you join The Ad Bar, you automatically accept that your advertising will be viewed by other users over the Internet (World Wide Web) as shared content. We reserve the right to place text and graphical advert placements within our site to promote your channel on The Ad Bar.
5.3. We reserve the right to decline, remove or cancel any existing order during process or order completion that are in breach of any of our Terms and Conditions.
5.4. We also reserve the right to cancel any agreement of space or scheduled advertising already paid for by you should they be in breach of any of our Terms and Conditions.
5.5. We reserve the right to move or replace in full, any advertising we have granted as ‘free’ to accommodate and prioritise paid advertisers within our site. Any advertising moved within the site may be placed in alternative prominent positions to benefit you but is entirely at our discretion. Alternatively, you will have the option to convert your free advertising to the chargeable space rate to lengthen your advertising campaign within that position if required at that time.
5.6. Any such use of our marketing or branded visuals is forbidden in any context such as on your ‘My Bar’ profile or on any other such marketing activities you may produce including your Website unless written permission is granted by us. We will then provide you with all the required marketing if we feel it is appropriately used.
5.7. Any such typographical error either clerical, general omission or such unintentional reason in any Website or marketing and advertising promotional work issued in relation with The Ad Bar Ltd shall be subject to correction and will not constitute a ground for legal liability or any such discrimination on our part.
6.1. Video and user data content must conform will all relevant codes and standards including, without limitation, those set by the British Code of Advertising Practice and the Advertising Standards Authority (ASA) in that content must be legal, honest, decent and truthful. We reserve the right to preview and screen all video content prior to going live on The Ad Bar.
6.2. If a video advert, image or any other such user data content on a your ‘My Bar’ channel links to another site, you are responsible for maintaining that link and the content of the linked site and destination. We may remove any advert which contains content or links to a site which, in our opinion, is defamatory or questionable or is subject to potential ill repute towards The Ad Bar Ltd. You will assure us from and against any claims of responsibility or liability arising from links contained in your video advert, image, user data or any other such content on your ‘My Bar’ channel.
7. Commercial License
7.1. The Ad Bar Ltd may produce a HD video advert for your advertising and we will grant you a commercial license to that video advert upon receipt of full payment of the product. The commercial license allows you to embed the video advert within their own Website providing that of which they own the Website in full and that they do not have to pay a fee to the owners or operators of that Website. For avoidance of doubt the commercial license does not allow you access rights to any additional use of other such Website or marketing materials.
8. Pricing and Payment Terms
8.1. All prices are correct on our Website at the time of admission. Prices published by us are subject to revision and The Ad Bar reserves the rights to review and subsequently change its fees at any time.
8.2. Orders are accepted on the condition that the price subjects the contract between you and The Ad Bar Ltd only in respect of the period specified at that time of in the applicable rate card.
8.3. Usage of the Website and its related services have been amalgamated into one simple payment which is charged to you and must be paid in full prior to the commencement date to avoid any incurring fees to you as the user.
8.4. We will not charge separately or additionally on a daily, monthly or quarterly basis in accordance to usage of the Website and its related services, and nor do we charge you any additional fees based on the rates of viewing of your advertising.
8.5. We may consider a pricing offer in a proposal which will be valid only up to 7 days on issuing such to you. We reserve the right to change or amend any proposed conditions including price thereafter.
8.6. The Ad Bar is available on iPhone, iPad and Smartphone’s as a free mobile service however you must be aware of your mobile providers’ fees to access such content. Please contact your mobile provider for further information on data allowance as applicable.
8.7. Any ad hoc advertising scheduled through the Website is chargeable to you and is generated through an invoice of the fees pertinent to the duration of the advertisement. You must pay the invoice in full within 15 days from the invoice date. All fees are exclusive of VAT and will be charged collectively on the same invoice ordered to you and will be charged at the applicable rate at that applicable time of invoice.
8.8. Prices are exclusive of Value Added Tax (VAT) which is subject to the current 20% rate and you shall additionally be liable to pay to VAT to The Ad Bar Ltd.
8.9. If you fail to make any agreed payments to The Ad Bar Ltd we shall be entitled to charge interest on any such overdue amounts from the due date up to the date of actual payment and during and after the time of judgement based on 3% per annum above the Bank of England base rate. Such interest will accrue on a daily basis until the final day in which payment is received in full. We reserve the right to claim interest in accordance to the Late Payment of Commercial Interest Debts (Interest) Act 1998 from the due date up to the date of actual payment and during and after the time of judgement based on 3% per annum above the Bank of England base rate.
9. Content Submission
9.1. Our platform allows for widespread communication to ensure your video reaches a wider audience of multiple viewing through an open social community. You understand that we cannot regulate who views your advert and we do ask that you respect the abilities and content of other videos and profiles.
9.2. Whilst we make every effort to monitor user data submitted to the Website, we cannot and have no obligation to fully control the user data content uploaded by our community. All data sent and received by you on our Website is pertinent to your own risk. You may be exposed to materials considered as offensive and unlawful but you understand that you use The Ad Bar Website and services at your own discretion.
9.4. The Ad Bar is designed to provide an environment and appropriate tools to share video adverts to a network community. If you are uploading your own video and user data content, you are solely responsible for the content you upload.
9.5. As a member of our community, you hereby grant The Ad Bar a permanent, non-exclusive, binding, royalty free, global, and without restriction, a transferrable license with the rights to provide sublicenses and multi tier licensing including the licensing of your user data to our Partners.
9.6. We maintain the rights to publicise, display, perform, advertise, broadcast, distribute, store, edit, reproduce, delete, amend and translate your user data for any purpose, for any medium in any manner and any purpose.
9.7. You reserve the right to upload your own video content providing it concurs to our Terms and Conditions.
9.8. We do not claim ownership or rights to the content you upload to our site. At any time you are free to delete or amend any of your own content which you submit to our site via your ‘My Bar’ channel. We are not liable for any content that you submit or the content submitted by others within the community.
9.9. By uploading to our platform, you are giving us the right to advertise such content to all others within our community.
9.10. If you wish to retain information or video content as private and free from public viewing, we ask that you do not upload to this public site. We will not be responsible for any content uploaded in to our site in error.
9.11. We reserve the right to display advertisements in association to your user data and to use your content simultaneously for our advertising purposes. If you place private information as ‘public’ content, you acknowledge that any member of The Ad Bar community may exercise the rights to view such public user content.
9.12. At times we may randomly use your video content to demonstrate to others either at shows, exhibitions, meetings or any other promotional use. It is therefore your responsibility to ensure the validity of content and that it complies with our standards. If you do not want us to share your video content either online or offline, you can notify us by written refusal to do so.
9.13. You agree not to use our Website data as a method or target of direct marketing, telemarketing, market research, spamming or the compilation of mailing lists, directories or any other such databases.
9.14. Submitting content such as copy, articles, video, images, branding etc to our Website affirms that you own or have acquired all rights to submit such content.
10. Using content and sharing information
10.2. You must not abuse, threaten or use our Website to violate the rights of others within our community. You must not pursue others eminently through the Website to the point that it may be deemed as harassment by you.
10.3. You will not submit to the Website, content which is deemed as hateful, obscene, threatening, unlawful, abusive, offensive (either racially or ethnically), harassing, libellous or any other such content which may be considered as inappropriate, unacceptable or compromising to civil laws. You maintain civil liability and The Ad Bar Ltd will not tolerate any actions of criminal offence.
10.4. You must not submit advertising or marketing content which is not related to your business. You will not post banners, interactive flash adverts, flash headers, Website flash intros or other such content to popularise your advertising space with The Ad Bar e.g. you cannot allow a third party to pay you to advertise their products/services on your ‘My Bar’ profile to influence you to generate higher volumes of traffic.
10.5. You understand that whilst using the Website and its services, you will be exposed to other members within our community and vice versa. The user data you preview as submitted by others within our community is not the responsibility of The Ad Bar Ltd in terms of its accuracy, belief, safety, appropriateness and intellectual property rights. Should you become aware of any users violating our Terms and Conditions and privacy policies, or acting in any such unlawful behaviour, please let us know. Please note that the wellbeing of this Website also relies on your ability to act on unlawful activity to help harness and protect our community.
11.1. Testimonials, feedback or comments submitted either directly or indirectly to the Website remains the property of The Ad Bar Ltd.
11.2. Our advertising is deemed as positive to help increase network relations and opportunities to trade. In some cases it may be appropriate to remove testimonials that are deemed offensive, demeaning and unlawful. We reserve the right to intervene and judge if a complaint or allegation is made by you to a third party or vice versa to remove such content.
11.3. We may remove negative testimonials if proven to be offensive, unlawful, libellous, or in an instance where the review is falsely submitted or as such where the company has had no dealings with the third party reviewer.
11.4. We will not treat any testimonial feedback as confidential nor will it be treated as confidential as it is there for the privilege of the business owner and those who deem it necessary to read.
11.5. We will not be liable for any confidential business or personal information divulged during testimonial feedback which may be deemed as private to either party involved.
11.6. You are rightfully responsible for the content of testimonial feedback you submit and understand that your responsibility extends to the extent of the legality of content, its originality, appropriateness and copyright.
11.7. It will be permissible for us to use and publicise any testimonial feedback we feel relevant for marketing and other commercial reasons without the need for consent or compensation to those herein.
11.8. You must not or arrange to provide artificial feedback ratings to your channel or any other third party channel on the Website either manually or by any computer automated software means or by offering a benefit or incentive to a third party associate. We reserve the right to carry our checks on all types of testimonial feedback which we believe is fabricated or unsolicited.
12. Copyright of data
12.1. It is your responsibility to ensure that all user data content and information supplied by you is up-to-date, correct and not misleading or is not likely to mislead or offend or breach any such legal codes or legislations, regulations or guidelines, or the copyrights, trademarks and or other such intellectual property rights under jurisdiction.
12.3. The Ad Bar respects the intellectual property (IP) rights to all those within our community. We reserve the rights to remove any user data content which may infringe the copyrights of others. If you believe that certain user data content uploaded to our Website is in breach of owner copyrights or intellectual property rights, please do contact us detailing evidence of written or electronic signatures, evidence of copyrighted work that you claim to be infringed, the Website location of where the user data content in question infringes the copyright, your contact details and a declaration that your information is accurate and correct so that we can take the necessary challenging steps.
12.4. Video content you provide is at your submission and therefore your responsibility. All video and user data uploaded by you remain your property so you maintain all copyrights.
12.5. You maintain that you warrant full ownership rights to the user data and claims that you upload to the Website. The Ad Bar Ltd does not endorse user data or any advice, opinion, statement or suggestion expressed therein and therefore rejects any and all connection of liability to user data.
12.6. You maintain that you have paid all royalties, fees, wages and other monies owed to those related to the user data in which you post to the Website. You also maintain that either you or a member of your business is featured, pictured or heard in the user data in which you submit to the Website or that you have obtained permission from the person or persons featured, pictured or heard in your user data content.
12.7. It is your responsibility to pay all monies due or related to models, representatives or others featured in your user data content and that you have written granted permission from them to use such data content. It is not the responsibility of The Ad Bar Ltd to cover any costs incurred by you or your business to advertise on our Website.
12.8. We reserve the rights to ask to see written permissions should we need to clarify consent accordingly and it is up to you to keep all records and documents applicable to the usage of your user data content.
13. Trademark and Ownership
13.1. The Ad Bar Website content, services and without limitations, all branded copy, styles, sounds, music, videos, visual graphics, designs, photos, the Website and the like and the trademarks and logos (“The Ad Bar” content) are owned by The Ad Bar Ltd. We do not tolerate any such copyright infringement and will actively pursue any such infringement to the fullest extent of the law.
13.2. The Website content is provided on an ‘as-is’ basis for your personal usage and information only and you agree not to copy, manipulate, reproduce, broadcast, decompile or exploit in any such way other than for personal use or for any other purposes without the written permission of The Ad Bar.
13.3. If you download or print content from our Website or any user data content you agree not use such information other than for personal use.
14. Availability and Security
14.1. You understand that the availability and uptime of The Ad Bar Website and its services is not 100% guaranteed. User data content is made available on an ‘as-is’ available basis and The Ad Bar Ltd and or its associates are not responsible for interrupted service in viewing, uploading, downloading, editing or any other such usage of the Website.
14.2. Whilst we adopt a strict security code, transmission of any data over the Internet cannot be 100% guaranteed. We therefore do not guarantee or warrant the absolute security of any data you transmit via the Internet.
14.3. You shall not use our Website for any illegal use. Your channel will be terminated for misuse such as to host forums, blogs, images, graphics, and Website designs or for any other purposes other than for the intended use of commercial advertising. Full details of services can be found here.
14.4. You shall not attempt to breach, hack, overload, delete, modify, decode, adopt, destabilise or interfere with our Website, software or source code or in any such way in which you have no authorised access.
14.5. You shall not breach or attempt to breach our security systems or attempt to transmit Worms, Trojans, Viruses or any code which may be destructive to The Ad Bar Website.
14.6. All data you send to the Website is submitted at your own risk. Once we register your information, we make every foreseeable attempt to ensure proficient security and policies are adhered to on our systems. We may employ third party suppliers and services to help safeguard and protect unauthorised access, discovery, disclosure, modification or damage to information contained at the Website and certain personal information may be required to gain access to in order to carry out necessary performance tasks.
14.7. We make strict efforts to protect our community and to comply with privacy standards however, we cannot and will not ensure 100% guaranteed protection of your data. Your personal information will not be used for any other purposes however, we cannot guarantee that personal information or private communications cannot be accessed, discovered, disclosed, modified or damaged by a breach of security.
14.8. We will take legal action against those who breach or attempt to breach The Ad Bar, its services and the operations of its business. We will attempt to notify users of any breach of security to our systems and shall take the appropriate steps to remedy such breach. Any breach of security on our systems will be dealt with subsequently.
14.9. We reserve the right to change or remove any aspect of the Website and its related services should it prove to be linked in part or in full to the downtime and disruption of the Website and its services.
15. Interruptions and Omissions
15.1. We do our best to maintain the cohesive standard of this Website and priority remains high to order its continuity. You understand that the Internet however is not an intrinsically stable platform and errors, omissions, interruptions and delays may occur and as a result, is not the responsibility of The Ad Bar Ltd.
15.2. We accept no liability arising from errors, omissions, interruptions and delays and attain no ongoing obligation to operate this Website or to provide connected services offered on this Website. We reserve the right to alter the specification of this Website without notice.
15.3. We do not guarantee the completeness, stability or performance of the Website and its user data. We do our best to ensure that our Website is correct at time of publication however, we do not hold responsibility for any omissions, errors or inaccuracies on our Website.
16. Limitation of Liability
16.1. You agree to use our Website at your own discretion and risk. If at any time you are dissatisfied with the content or other such materials on the Website then your sole remedy is to discontinue use of the Website.
16.2. We will not be liable for any disruption caused by interruption or loss of transmission from the Website, any bugs, viruses or the like which may have been transmitted to or from the Website by any party. Limitation of liability applies to its fullest degree permitted by any law governed in the pertinent jurisdiction.
16.3. We will not be liable of any damages including, without limitation, any damages resulting from personal injury or discrimination, property damage, errors or inaccuracies of user data, unauthorised access to the Website or its servers, or any personal or financial information stored therein.
16.4. You acknowledge that from time to time, we may carry out requisite and general practices of modification which may limit services from The Ad Bar Ltd and its associated Websites. We may adjust temporarily or permanently the Website or modify or suspend any part of the services it offers. We reserve the right at any time to refuse or discontinue service to anyone and or terminate a user’s channel for any reason at any time.
16.5. Neither The Ad Bar or its associates are under any such obligation to provide access to the Website and or any user data. You understand and agree that The Ad Bar Ltd is not liable to you or any third party for any adjustments or suspensions to the Website or any such services.
16.6. You firmly acknowledge that neither The Ad Bar nor its associates shall be liable for user data submission of offensive, illegal or defamatory material or conduct from any third party and that the risk of exposure, harm or damage remains entirely with you.
16.7. You understand and acknowledge that you are solely responsible for the advertising space featured on the Website and that it is only our interest to help you advertise within our social network of community users. It remains your responsibility to maintain your advertising on the Website and to drive interest and attention publically. You understand and acknowledge that you do not rely on the Website or our related services to represent you fully (written or orally), nor to bring you new business or revenues.
16.8. As we are a social network, we cannot be responsible for user registration and content shared across the Internet. Whilst we make every effort to monitor user data submitted to the Website, we have no obligation to fully control the user data content uploaded by our community. Registration acceptance is an automated process however, if a registration has been received in error, or if you believe a registrant is unidentified, you must notify us immediately and we will take the necessary actions to investigate. We may suspend the channel in question or remove it completely if we believe the channel was created anonymously. We are therefore not liable for users inadvertently registering to our website.
16.9. The Ad Bar Ltd is not responsible for the rate of interest and attention in which your advert receives in terms of size and capacity and cannot guarantee the result of success rate in terms of popularity and revenue success in which the advert will transpire. We are therefore not responsible for the inability to gain new business opportunities.
16.10. We shall not be, in any event, liable to you regardless and whether or not you have been advised of the possibility of such damages for any direct or indirect incident or consequential damages which you have suffered for any contract reason whatsoever including, without limitation, any claims or actions resulting from usage of the Website against damages for loss of profits, business opportunity, anticipated savings, goodwill, data or any other tangible or intangible losses whether based on warranty, contract, tort (including negligence), defamation or other legal theories.
16.11. You agree to indemnify and hold The Ad Bar Ltd and its associates harmless and against any and all claims, damages, responsibilities, liabilities, costs or expenses including all legal fees, arising from any channel relating to you using the Website and its associated Websites and services, including any claim for libel, defamation, discrimination, loss of service, fraud, you violating any Terms and Conditions, you violating any third party rights including copyright, intellectual property, or privacy rights, or any claim against you and the user data content you submit to the Website which may cause harm in any way to a third party or any other claim whatsoever. This defence will endure these Terms and Conditions and your use of the Website and its associated Websites and it services.
16.12. By using our service to review Video CV’s you understand and agree that you are to treat each Video CV in the same respect and manner as a conventional CV and that is not to discriminate against personal characteristics, gender, age, race, marital status, ethnicity, family status, country of origin, mental health and or physical health or any other such cases not directly related to the actual opportunity. Any user who is proven to have judged a candidate on such prejudicial terms will be prosecuted under jurisdiction of the English Courts. You firmly acknowledge that we shall not be liable for any motive or intention that you conduct and is found to be discriminative in any way and you agree to indemnify and hold The Ad Bar Ltd and its associates as harmless and against any allegations and all such claims and liability.
16.13. The total liability of The Ad Bar Ltd under this agreement or other Terms and Conditions implied or incorporated into this agreement or any other contract, whether by statute or any such common law, for loss or damage to your tangible and intangible property including and without limitation to your brand, identity, logo, reputation, commercial property or relationships caused by the negligence of The Ad Bar Ltd is limited and shall not exceed the total amount paid to The Ad Bar Ltd by you from the commencement date of contract to termination or across the previous 12 months whichever is less.
16.14. This does not exclude or affect our liability for fraudulent misrepresentation or death or personal injury resulting from negligence on our part or our associates.
16.15. All other warranties or other Terms and Conditions implied or incorporated into this agreement or any other contract, whether by statute or any such common law, is hereby excluded, including, without limitation, warranties of other terms of satisfactory quality, the use of reasonable skill and care or fitness for purpose.
16.16. In any circumstance where certain jurisdictions limit the above warranty, the liability of The Ad Bar and all of its associates shall remain the minimum permitted under such applicable law.
17.1. Your ‘My Bar’ channel is protected by the password you set and can be changed at any time in the ‘My Bar’ admin area.
17.2. If you create or are given a username and password at the time of registration, it is your responsibility to treat this information as private and confidential and you must not disclose to any third party.
17.3. Do not share your password with anyone or leave it in a notable place which is easily recognisable. You must not divulge or publicise such information to others even in a degree of trust.
17.4. If you believe at any time that a third party has access or is likely to gain access to your ‘My Bar’ channel or any other such breach of security, you must report this immediately using our contact. We will not accept liability for any improper use or unauthorised access to your channel.
17.5. You can manage your password in your ‘My Bar’ administration area should you be wary of any third party access to your channel. Although we will not be liable for any user data loss, you may be liable for any damages or losses incurred by The Ad Bar Ltd to our business and to our community due to unauthorised usage to your ‘My Bar’ channel.
17.6. We may at anytime disable your username and password either temporarily or permanently if we are aware that you have or may have breached any of our Terms and Conditions and in such instance, we will do the necessary to fulfil our investigations. We will then allow you to regain access to your channel with your corporation and following successful completion of our investigations.
18.1. Our team of developers are continuously looking for new ways to advance the capabilities of our Website and its services. We own all the rights to our source code, data, software’s (free and proprietary), languages, licensing, programming, maintenance and other aspects related to the performance and technology of our Website. We may look to source third party suppliers and software’s (e.g. to upload video direct from a webcam) to help improve our services and we will take the necessary steps to acquire all such legal permissions and license for usage. You understand and agree that certain elements of our Website may rely on and include support from third party suppliers, software or ay require future installation of third party software. By using our Website, you accept responsibility to use such software and usage remains at your own risk. We are not responsible for any damages caused or likely to cause to you or your business whilst using our Website and its services.
18.2. You understand and agree that you own no rights and will never claim rights or try to access rights to ownership of the software’s, proprietary rights (including intellectual property rights) or any such related documentation to the usage of our Website and our related services. If you ever claim or hold any rights to any software’s uploaded to or downloaded from our Website then you hereby irrevocably assign all such related rights to The Ad Bar Ltd and waive any such enforcement worldwide against The Ad Bar Ltd and or our associates.
18.3. All such rights belong to and are retained by The Ad Bar Ltd and our associates where applicable. You understand and agree that you shall not use, copy, adapt, modify, supply, lend, assign, resell, rent or grant any other usage or rights to the software we employ.
18.4. At any time by which you require software to edit or upload data to our Website, it remains your responsibility to hold and retain licenses and documentations for usage of such third party materials.
18.5. You acknowledge that software or documentations used by The Ad Bar Ltd on our Website and within our services may evoke or lead to information related to certain trade secrets and or confidential information specific to The Ad Bar and or our Partners. You understand and agree to treat such as confidential and proprietary information and any unauthorised access of usage to which may be subjected to civil and criminal prosecution.
19. Third Party Websites
19.1. Our Website may contain links or references to third party Websites or other such information that are not owned or controlled by The Ad Bar Ltd. We have no control in terms of content, privacy, legalities or practices of third party Websites or the information contained therein and therefore assume no responsibility whatsoever in terms of editing or censoring of such content.
19.2. We are not responsible for the claims, content, operation and all other information that exist on third party Websites. By accessing third party Websites, you relieve The Ad Bar Ltd from all responsibility and liability to such content and information found on these Websites.
19.3. As you leave our Website via a third party link, we strongly advice that you become aware of third party usage rights and the Terms and Conditions specific to each Website you visit. You understand that you visit third party Websites at your own discretion and risk.
20. Third Party Submissions
20.1. All materials found, viewed and interpreted on this Website is strictly for information purposes only.
20.2. Our Website is made up of third party user data which may include postings, listings, videos, images, stories and articles and any other such materials relevant to their advertising. Such content is the responsibility of the third party creator of the content. The Ad Bar has no responsibility for such content and is merely providing access to such content as a service to you.
20.3. Information data submitted by third parties are not intended as professional advice or by which dependence should be placed. You understand that you are not obliged to act nor refrain from acting upon such information contained within the Website without first verifying the content and if necessary, obtaining further professional or legal advice and or further advice and information from the advertiser. Furthermore, we disclaim all liability and responsibility for any reliance placed on third party information on our Website by you or any by anyone informed of such content.
20.4. The Ad Bar will endeavour to remove any offensive or harmful content from the Website as soon as it comes to our attention, and any third party materials that include offensive, inappropriate, harmful, or deceptive information will be revoked accordingly. We expect you to use caution and discretion and good judgement when reviewing third party information.
21. Paid Packages
21.1. Until further notice, The Ad Bar online video services remain FREE of charge however we may still charge for premium advertising space such as homepage presence and banner advertising throughout our platform. You can find full and up-to-date information on The Ad Bar’s paid packages here.
21.2. Whilst we maintain a free registration channel, we reserve the right to alter and amend pricing but also the content of each package.
21.3. In accordance to request, we may also review both price and content for individual users and we also reserve the right to charge access to new content or services either in part or in full. For example, if you already have your own video advert, we may provide you with a standard package but we still reserve the right to charge you additional for hosting and tracking services.
21.4. For premium advertisers, our payment process works as follows. Upon completion of registration, you will be emailed and requested to complete the process using the attached link to confirm your ‘My Bar’ channel details. We will then invoice you for the required subscription payment which is payable within 10 days. Upon receipt of all fully paid funds, your premium channel will be activated go live ready for public viewing.
21.5. We are subjected to strict confidentiality responsibilities and do not and will not ask you for payments online. At no point will we ask you for any credit card details or any other such payments to be processed online. You will be invoiced directly via The Ad Bar Ltd.
21.6. You are not billed on a monthly basis or through any additional ongoing fees.
21.7. Our administration team will review and process your advertising schedule for up to 365 days unless otherwise agreed.
21.8. You are free at any time to either upgrade or downgrade your package. This can be administered via the ‘My Bar’ administration area. Upgrading will mean that there will be additional charges incurred. Downgrading will not deem any refund. By advertising on The Ad Bar you are purchasing space which is not refundable.
22. International Users
22.1. The use of this Website is transferred over the Internet and the user data information you enter into the Website can be accessible by international areas outside of the European Economic Area (EEA). Certain information you enter will transfer to different jurisdictions and you allow consent to such transfer during registration and disclosing your personal information.
23. Keeping users updated
23.1. At times, we reserve the right to contact you regarding any updates, service announcements, maintenance releases or any other such administrative messages regardless of you opting out to receive correspondence from The Ad Bar Ltd, to keep you informed and updated on fundamental matters of our Website and pertaining services.
24. Intellectual Property (IP)
24.1. You understand and acknowledge that all IP rights registered or unregistered remain the property of The Ad Bar Ltd and that you have no rights to such other than the right to make use of the Website and its related services in accordance with these Terms and Conditions.
24.2. At our own expense, we will undertake the responsibility to defend The Ad Bar Ltd against you to settle any action filed alleging the use, possession, modification, download or other such activities that infringe the UK Intellectual Property rights, other than your rights in accordance to these Terms and Conditions, and that you shall be further responsible for any reasonable losses, costs, legal fees, damages and expenses incurred by The Ad Bar Ltd that outcome or are in connection with any Infringement Claim.
24.3. We maintain the right to withdraw and terminate your channel without notice during the period time of any infringement and can offer to settle any litigation or negotiation arising from any Infringement Claims as a result of your admission to liability of any such infringement.
24.4. The Ad Bar Ltd will not refund or credit balance or counterbalance any payments to you for loss of advertising due to any infringements caused by you.
25. False Majeure
25.1. Neither party shall be liable for the limitations, delay or non-performance of its obligations under this agreement arising from risks which cannot necessarily be economically insured resulting from unforeseen acts or exceptional events and circumstances beyond control including and without limitation to an act of God, natural catastrophes (such as bad weather, earthquakes, hurricanes etc), war, terrorism, riot, commotion, disorder, strike or lockout. For any doubt, this is not an exhaustive list of false majeure circumstances and namely serves to exempt either party from liability occurrence of performance based on false majeure events.
25.2. False majeure does not exempt or excuse you from any payment obligations to The Ad Bar Ltd.
26. Data Protection
26.1. You understand and acknowledge that we will process personal data that you submit during registration and through user data in accordance to UK data protection laws in order to carry out administrative tasks to comply with obligations within this agreement.
26.2. We reserve the right to process personal data for aggregate purposes such as data collection, internal statistics, promotion and other such business reporting practices and we will take the secure necessary steps to ensure that personal data is treated confidentially and securely. We may share aggregate information to third parties to help improve services but we will not disclose any personal names or other such identifying information. You grant The Ad Bar Ltd consent to use such information provided by you as a user or candidate without limitation to personal data, in such ways.
27.1. During the term of your agreement and thereafter, you agree to keep confidential, all information including and without limitation, sensitive information, trade secrets and all other such intellectual information of commercial value observed through the Website unless at the time of disclosure is already publically known to a third party. This agreement remains in place and in effect for up to 12 months even after termination of this agreement for such reasons.
28. Video CV’s
28.1. The Ad Bar Video CV’s is a platform for candidates to share their CV profiles to a mass community of directors and managers alike. Our platform intends to quickly open doors to candidates by offering businesses a chance to review and understand candidates through online video.
28.2. We are not a recruitment company and therefore you understand that by using this Website, we cannot guarantee any candidate employment nor can we guarantee the user that they will find a suitable candidate for any vacancy role.
28.4. As a candidate, you understand that your Video CV and personal information may be accessed and viewed by users outside the Economic European Area (EEA), in an instance such as an overseas opportunity, and by registering with us, you grant consent to allow this viewing. You understand that by submitting a Video CV profile, your video works as an opportunity only to enhance your current CV and not replace it by any means.
28.5. As a business user, you agree and understand that by viewing Video CV’s content is there for profile information purposes and acts as an introduction to candidates only. The Video CV is there to gauge understanding to determine if a candidate is suitable for an interview in your recruitment process and shall not be treated as a form of any instance to discriminate.
28.6. By using our service to review Video CV’s you understand and agree that you are to treat each Video CV in the same respect and manner as a conventional CV and that is not to discriminate against personal characteristics, gender, age, race, marital status, ethnicity, family status, country of origin, mental health and or physical health or any other such cases not directly related to the actual opportunity. Any user who is proven to have judged a candidate on such prejudicial terms will be prosecuted under jurisdiction of the English Courts. You firmly acknowledge that we shall not be liable for any motive or intention that you conduct and is found to be discriminative in any way and you agree to indemnify and hold The Ad Bar Ltd and its associates as harmless and against any allegations and all such claims and liability.
28.7. By using this service, all terms of business, Terms and Conditions and terms of employment are the responsibility of the business owner. The Ad Bar is not responsible for you arranging interviews, assigning placement or any other such enrolment process within your business.
29.1. The Ad Bar Ltd does not form part of any ethical relationship between you and any third party on this Website.
29.2. The Ad Bar Ltd will not be responsible for any disputes between you and any third party for any such losses or damages as the result of relationship initiation through the Website. Initiating relationships through The Ad Bar Ltd and engaging in conduct on our Website is entirely your responsibility.
29.3. It remains your duty to act and behave in a manner that is deemed morally acceptable and that you treat others with respect and due course at all times.
29.4. Any contracts or Terms and Conditions set between you and any third party is between you and that party. The Ad Bar is not responsible or involved in any contract stipulated between you and the third party.
29.5. Should a dispute arise between you and a third party (or multiple parties), it remains the responsibility for you to resolve. The Ad Bar Ltd will not be responsible for allowing you to connect to our community and fall into dispute at any time.
29.6. By initiating a lead, opportunity or interest in relations, we do not provide a legal responsibility to such initiation. We therefore will not be accountable or hold any such fiduciary duty or any other responsibility towards you and any third party on our Website and we do not give rise to any relationships established through The Ad Bar Ltd.
29.7. By initiating any relation, opportunity, proposal or interest in relations either private or public including board of directors, suppliers, shareholders, stakeholders, investors, executives, employees, consultants, clients and or any other third parties including communities affected by The AdBar activities, The Ad Bar Ltd does not warrant any legal obligation or commitment to any such (third party) relation unless there is a written, agreed and signed declaration from both parties (The Ad Bar Ltd and the relation). This includes any proposal or offering introduced by either The Ad Bar Ltd or the third party relation.
30. Termination of Subscription
30.1. Without prejudice, we reserve the right to cancel, reschedule or amend any agreements we place between you and The Ad Bar Ltd at any time. This includes any advertising space or studio filming pre-booked and scheduled by date and time that may change as a result of intervention beyond our control. We will not be liable for such changes but subsequently will offer an alternative new date and time for filming.
30.3. Either party reserve the right to reject and cancel any agreement of advertising space, scheduled advertising or any such service already paid for by you where service has deemed unsuccessful and where there is an inability to fulfil service requirements. The Ad Bar Ltd will not be liable for delays caused beyond our control or in any event where technical or capacity standards are reduced or fail completely. In any event, a refund will be placed by The Ad Bar Ltd either in full or on a pro-rata basis where part service has been completed. For example, if we are unable to agree an advertising story board based on “reasonable amendments” or if a filming date cannot be agreed based on “reasonable time” a full refund will be made. If we complete a film but are unable to fulfil a paid for advertising service based on capacity or any other such reason, a refund will be calculated based on what has been paid less what has been serviced. All such refunds will be processed within 30 days.
30.4. Either party may terminate early this agreement through written notice during persistent breach of any of the Terms and Conditions of this agreement if the result is incapable of resolution, or if either party fails to solve the breach within 30 days after receiving written notice that a breach has been accounted. Termination by The Ad Bar Ltd will remain without prejudice to any other rights you have prior to termination. In any event, a refund will be placed by The Ad Bar Ltd either in full or on a pro-rata basis where part service has been completed.
30.5. Termination requires written notice from either party by postal notice and supported by a corresponding email.
30.6. At any time should you wish to cancel your subscription with us, you can request to delete your channel using the contact us form. We will complete your request to leave The Ad Bar within 7 days. All outstanding payments due to The Ad Bar Ltd must be paid immediately or within 30 days whichever is sooner. This includes all businesses costs agreed by you and any time pre-booked in for studio hire and filming and editing production costs which is still outstanding.
30.7. Termination of your channel means your entire account will be deleted together with any uploaded materials i.e. content, video and images etc. It remains your responsibility to ensure that you retain all copies of submitted content.
30.8. Upon termination, your channel will be placed offline and removed permanently including all social links to businesses and all user data including testimonials, videos, images, branding and all content related to you.
30.9. We will not keep or use your content once you have cancelled your advertising subscription with The Ad Bar.
30.10. We may decide to terminate through written notice if we suspect you are unable to pay off debts (in accordance to section 123 of the Insolvency Act 1986) or, if you are subject to judgements, administration, winding-up or dissolution.
30.11. We will take legal action against those who cause traitorous damage to The Ad Bar Ltd, its brand and its Website through libel, slander or any other such provocations.
31. Promotional Campaign Terms and Conditions
31.1. Our promotional campaign is open to all UK residents over the age of 18 with exception to The Ad Bar’s associates, partner’s, directors, employees or suppliers or anyone professionally connected to this promotional campaign.
31.2. Campaigns are only eligible to fully registered entrants and by entering the campaign, you hereby enter and abide by these Terms and Conditions and agree to participate in any public relations associated with the campaign.
31.3. We reserve the right to extend or end early the campaign and the winner(s) will be randomly selected under independent adjudicated supervision and notified by email.
31.4. All prizes are subject to availability and will not be constituent to any cash alternative or transferred to a different third party.
31.5. Video promo sessions are subject to studio availability. From time to time, we may offer clients a limited offering to attend a “talking head” video filming production at our partner studios based at The Bucks New University. This offer will allow clients to also benefit from the experience of the staff based at the University, bringing over 25+ years experience within the video production industry. Video promo sessions consist of a 45 minute filming session which includes studio time hire charge, film director, lighting technicians, sound designer set-up and edit and post production costs. The cost will also cover the use of industry standard equipments such as gallery lighting, HD cameras, vision mixers, editing suites and also staff inclusion. Additional use of equipments such as auto cue hire can be agreed as optional. The video promo does not include extras such as audio music source and arrangements, the use of actors in person or in vocal and or any other such additional aspects such as imagery or animation. Video promo prices are subject to change and The Ad Bar reserves the rights to review and subsequently change its prices at any time.
31.6. Event promotion giveaways are subject to availability. Products may vary in terms of size, value, colour and other such variables and The Ad Bar is not liable for any such changes that differ from those in any marketing at that time.
32. Governing law and Jurisdiction
32.1. This agreement in its subject and formation (including non-contractual disputes or claims) is governed by and construed in accordance to English law and presented to the jurisdiction of the English courts. Any provisions made within this agreement proved and judged to be inapplicable, illegal or unenforceable for any such reasons within a particular location, state or country, the remainder and continuation of this agreement shall remain in full effect and shall not be prejudiced.
32.2. Certain implications within this agreement that are not governed or permitted in countries outside the UK are still deemed as plausible and viable at your discretion, and therefore we do not accept liability for any losses or damages in which you would not had suffered if you had been accessing the Website and its related services as a UK resident.