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1. General
The
following terms and conditions will apply to the acceptance of all
advertisements for publication on the iacto.com website, currently
listed at www.iacto.com or such additional or alternative websites
(including for the avoidance of doubt any websites which are co-branded
with a third party) (the "Site"), which shall include
advertising contained in e-mails sent by iacto to the Members. The
placing of an order for contact information or the insertion of
an advertisement shall be construed as an acceptance of these terms
and conditions. iacto AB publishes the news letter iacto News Global
the "News Letter". It is distributed via e-mail through
its e-mail network, "the Network". Through the News Letter,
players in the broadcasting industry anonymously advertise their
needs for broadcasting resources, this is done by posting a request.
Sellers of broadcasting resources anonymously advertise available
capacity, this is done by posting an offer. A subscriber of the
News Letter can, on demand, receive contact information connecting
it to a buyer or seller of broadcasting resources.
2.
Subscription
2.1
Receiving the News Letter, regardless of form, is considered by
iacto AB as being a member of the network, "Member". Receiving
the News Letter is free of charge.
2.2
A subscriber to the News Letter, "Subscriber", has the
right to anonymously post a request or offer in the News Letter.
A Subscriber shall also, under these Terms and Conditions of this
Agreement, be seen as a Member.
2.3
A Subscriber has the right to access information, making contact
to the seller or buyer posting a request or offer, possible. The
right to access is exercised on the Subscribers´ own initiative,
via e-mail or mobile telephone to iacto AB. The subscription starts
when payment, according to the Subscription Fee Schedule, has been
properly received by iacto AB.
2.4
The News Letter is owned and operated by iacto AB and is being provided
under the Terms and Conditions of (a) this Agreement, (b) the Subscription
Fee Schedule.
2.5
The Subscriber shall pay iacto AB prior to the first publication
of the request/offer or access to contact information. All amounts
specified in the Subscription Fee Schedule are net of value added
tax. The Client shall pay all value-added tax due thereon at the
rate and in the manner prescribed by law. Other than as is expressly
provided in these Terms and Conditions, fees are non-refundable
in whole or in part and the Client shall remain liable for the full
amount specified in the Subscription Fee Schedule.
3.
Information
3.1
Members of the network may enter into correspondence with other
Members of the network. Members may also post information in viewable
areas in the News Letter ("Information"). Members are
solely responsible for all Information posted on or conveyed through
the News Letter, including but not limited to any posting or listing
in any public message area or through any e-mail feature.
3.2
Member agrees that iacto has no obligation towards the Member to
monitor the content in the News Letter and expressly disclaims any
responsibility of iacto AB to filter any such content. However,
iacto AB reserves the right to, in its sole discretion, take any
action which iacto AB believes is appropriate with respect to Information
posted in the News Letter.
3.3
Member acknowledges and agrees that a right to contact information
does not exist before the start of the subscription. Member also
acknowledges and agrees that it has no right to access the News
Letters historical data or contact information, regardless of when
the subscription starts.
3.4
iacto provides contact information on a best endeavour basis only.
A member posting a request or offer may withdraw that request or
offer at any time, denying any Subscriber or Member contact information
via iacto AB. A member posting a request or offer may, via iacto,
at its sole discretion, select and/or limit the postings and/or
responses made by the Subscribers or Members in any way it chooses.
4.
iacto News Global is a forum
4.1
iacto AB provides the News Letter. iacto AB is not involved in the
actual transactions between the Members. iacto AB provides a forum
for matching Members needs and supply. The News Letter serves to
assist in communicating opportunities of transactions between Members
by providing a system whereby Subscribers can list and respond to
requests and offers.
4.2
Since iacto AB is not involved in, and is not responsible for, the
actual transaction between the Members, iacto AB has no control
over and is not responsible for the quality, compatibility, safety
or legality of the services advertised, the truth or accuracy or
completeness of any information posted, the ability of Members to
provide services or the ability of Members to sell or buy items,
or the terms and conditions of any transaction between the Members.
iacto AB cannot and does not control whether or not a Member will
complete the sale of service they offer or a Member will complete
the purchase of the service they have bid on.
5.
Risk for supplied information
Member acknowledges and agrees that iacto AB is not liable for
the delay, distortion or non-delivery of the News Letter or contact
information. The same applies if the message is delivered but cannot
be read with the technical aids used. Member acknowledges and agrees
that the News Letter is not published in a minimum number of issues
nor that the contact information is supplied with minimum delay.
6.
Limitation of liability
iacto AB shall not be liable to the other for indirect, incidental,
consequential, special, and exemplary or punitive damages (even
if a Member has been advised of the possibility of such damages),
suffered or incurred as a result of or in connection with these
Terms and Conditions. iacto AB shall not, in any event, be liable
to the Client under or in connection with these Terms and Conditions
for more than the amount paid by the Client under these Terms and
Conditions.
7.
Links
The News Letter may provide links to Web sites or resources. Member
acknowledges and agrees that iacto AB is not responsible for the
availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
Member agrees that iacto AB shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such content, products or services available on such external sites
or resources.
8.
Disclaimer
iacto AB provides the News Letter on an "as is" and
"as available" basis and without any warranties or conditions
of any kind, whether express or implied, including, but not limited
to (i) the implied warranties of merchantability, (ii) fitness for
a particular purpose and non-infringement, as well as (iii) all
warranties arising by usage of trade, course of dealing or course
of performance.
9.
Arbitration
9.1
This Agreement shall be governed by Swedish law.
9.2
Any dispute, controversy or claim arising out of or in connection
with this Agreement, its existence, interpretation or application
shall be settled in accordance with the Rules for Expedited Arbitration
of the Arbitration Institute of the Stockholm Chamber of Commerce.
The arbitration proceedings shall take place in Stockholm. The language
to be used in the arbitral proceedings shall be English.
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