TERMS & CONDITIONS

Welcome to TheFineAds.com! By using our platform, you agree to comply with the following terms and conditions. Please read them carefully. Your use of the website, with or without accessing any information provided, implies your unconditional acceptance of these terms.

These Terms and Conditions constitute the whole / content of the agreement between the Enterprise and you (hereinafter the “agreement”), replacing any previous agreements. 

Definitions

These Terms and Conditions constitute a legally binding agreement between you and the Cypriot enterprise OMNISENSE™ (hereinafter “the Enterprise”, “thefineads.com”, “the Platform”, “the Directory”, “Ourselves”, “We”, “Our” and “Us”) and is the owner of TheFineAds.com.

TheFineAds.com: Refers to the online directory platform providing services to users. It is registered in Cyprus (EU) and operates the platform described in these terms.

“Users”, “Customers”, “You” and “Your”: Refers to individuals or entities accessing and using the services provided by TheFineAds.com. Users include those who visit the website, explore its features, and engage with the platform with or without purchasing a listing package or any product or service.

Admins: Refers to the administrators or authorized personnel appointed by TheFineAds.com responsible for reviewing and approving listings, ensuring compliance with platform guidelines.

Payment Processors: Refers to third-party services such as WooCommerce Payments, Stripe, PayPal, or other specified payment methods engaged by TheFineAds.com to securely process payments for its paid services.

User Age Requirement

You must be over 18 years old to use or access TheFineAds.com. If you are under 18, you can use the platform only with the consent of a parent or guardian.

Account Registration

To access the full range of features and benefits offered by TheFineAds.com, users are required to create an account. The registration process is simple and requires providing either a valid email address or opting for a quick registration via Facebook login. This information is collected to establish and maintain user accounts, ensuring a personalized experience on the platform. By registering, users gain the ability to upload listings, connect with other community members, and fully engage with the diverse opportunities presented by TheFineAds.com.

We reserve the right at our discretion to restrict a user’s usage of our Platform either temporarily or permanently or refuse a user’s registration. 

Prohibited Activities

Users are prohibited from engaging in the following activities:

1. Using automated means to access the directory without express written permission.
2. Posting threatening, abusive, defamatory, obscene, or indecent material.
3. Distributing spam, chain letters, or promoting pyramid schemes.
4. Distributing viruses or technologies that may harm the directory or its users.
5. Imposing an unreasonable load on the infrastructure or interfering with the proper working of the directory.
6. Harvesting information about users without their consent.
7. Selling counterfeit items or infringing on the rights of third parties.
8. Without prior approval and express written permission, you may not create iframes around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

If there are indications that you are in violation of these Terms and Conditions or engaging in suspicious behavior on our platform, we reserve the right, at our sole discretion, to take necessary and appropriate measures. We may also inform other users who have interacted with you and recommend exercising caution.

Content Submission

Users on TheFineAds.com have the opportunity to submit various types of listings, each catering to different aspects of the creative and cultural industries. These listing types include:

• Artist Profiles: Showcase your portfolio, skills, and services as a freelance artist.
• Business Profiles: Businesses in the creative and cultural industries can list their services for easy discovery by artists.
• Events: Promote and discover events relevant to the arts and creative sectors.
• Original Artwork: Showcase and share your original artworks with the community.
• Vacancies: Post and find job vacancies within the creative and cultural industries.
• Classified Ads: Buy or sell used items and equipment through our dedicated classified ads section.

To ensure the quality and relevance of content, users are encouraged to adhere to specific guidelines and criteria provided for each listing type. These guidelines aim to enhance the overall user experience and maintain the integrity of the platform.

We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the present Terms and Conditions.

If you attempt to post, promote, or advertise goods or services on our platform that are prohibited by the law, subject to regulation, or require special licensing by authorities, we retain the right to share your details and IP address with law enforcement or regulatory authorities. Providing false or inaccurate information, impersonating another individual or entity, or falsely claiming authorization to sell, promote, or advertise goods or services may also lead us to share your contact details and IP address with law enforcement or regulatory authorities.

Management of Listings and Claiming Information Ownership

TheFineAds.com may include listings with information that was freely available online. If you are the owner of such information and wish to manage or remove the listing, please use the designated “Claim” button or contact our team directly. Upon receiving a request from the rightful owner, our team will promptly review and take appropriate action, which may include removing the listing from our database. We value the intellectual property and rights of information owners and strive to ensure the accuracy and appropriateness of the content presented on TheFineAds.com. If you have concerns about a specific listing, please reach out to our team for swift resolution.

User Responsibility and Conduct

As a valued member of TheFineAds.com community, users play a crucial role in maintaining a positive and collaborative environment. By using our platform, users agree to:

• Provide accurate and truthful information when creating and updating their profiles and listings.
• Respect the intellectual property rights of others and only submit content for which they have the appropriate permissions.
• Adhere to the guidelines specific to each listing type, ensuring that the information provided is relevant and appropriate.
• Treat fellow users with respect and refrain from engaging in any form of harassment, discrimination, or disruptive behavior.
• Report any inappropriate content or behavior encountered on the platform using the designated reporting features.
• Keep their account information secure and promptly notify us of any unauthorized access or suspected security breaches.
• Use the direct messaging feature responsibly, refraining from unsolicited spam, harassment, or misuse.
• Users are responsible for complying with all applicable laws and regulations.
• Users must handle any obligation to impose and refund VAT and issue receipts in financial transactions.
• Compliance with tax legislation is the sole responsibility of Users, and TheFineAds.com disclaims any claim regarding the same.

These responsibilities are in place to create a supportive and inclusive community within TheFineAds.com. Users are encouraged to contribute positively, fostering a space that celebrates creativity and collaboration.

Comments and Reviews

Users are welcome to leave comments and reviews on listings or blog posts within TheFineAds.com. However, it is essential to note that the opinions expressed in these comments are those of the users and do not necessarily reflect the views or opinions of TheFineAds.com. Users are solely responsible for the content of their comments and reviews. TheFineAds.com reserves the right, in its sole discretion, to moderate, edit, or remove any comments or reviews that are deemed inappropriate, offensive, or violate these terms and conditions. The platform assumes no liability for the content of comments and reviews posted by users. Users are encouraged to engage in respectful and constructive communication, fostering a positive and collaborative community within TheFineAds.com.

Termination of Accounts

We reserve the right to refuse, modify or terminate all or part of our Services to anyone for any reason in our sole discretion, in order to ensure the best possible operation of this website. User accounts on TheFineAds.com may be subject to termination or suspension under the following circumstances:

• Non-Compliance: Failure to adhere to the user responsibilities and conduct guidelines outlined in these terms may result in the suspension or termination of user accounts. This includes but is not limited to providing inaccurate information, engaging in disrespectful behavior, violating intellectual property rights, and submitting inappropriate content.
• Appeal Process: Users have the right to appeal decisions regarding the termination or suspension of their accounts. The appeal process will be outlined in the communication sent to the user in such cases. TheFineAds.com is committed to a fair and transparent process for handling account-related matters.

Termination or suspension decisions are made with the goal of maintaining a positive and respectful community within TheFineAds.com. Users are encouraged to familiarize themselves with the guidelines to ensure a harmonious experience for all community members.

Intellectual Property Rights

TheFineAds.com respects and acknowledges that all intellectual property rights pertaining to the content submitted to the directory belong to their respective owners. As a directory, we do not claim ownership or control over any intellectual property presented on the platform. Users retain full rights to their submitted content.

Parties entitled to copyright, trademark rights, or other related rights have the option to report any listings that could potentially infringe on their rights. They can submit a request for the removal of such listings. If a legal representative of the entitled party reports this matter to us appropriately, our platform will take necessary measures to remove products that violate intellectual property rights.

By submitting content to TheFineAds.com, users grant the platform the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) license to exercise any and all copyright, publicity, trademarks, design, database, and intellectual property rights associated with that content. This license allows us to use your content in any media, whether it is currently known or may be discovered in the future.

This includes, but is not limited to, featuring listings on our social media channels or other promotional materials directly related to the platform as well as to distribute the artist’s work to third-party partners for promotional purposes, such as art shows or exhibitions. The license agreement shall remain valid for the duration in which the user maintains an active profile and has active listings on our platform.

It’s important to note that TheFineAds.com will not sell, transfer, or use submitted content for any purpose other than the intended functionality of the directory. Users are also expressly prohibited from using the content submitted by other users for personal or commercial purposes without obtaining the necessary permissions.

Platform Content: While user-generated content is owned by the respective users, the arrangement, compilation, and presentation of content on the platform (excluding user-generated content) are considered intellectual property of TheFineAds.com. You acknowledge and agree not to reproduce, distribute, or alter content from our platform without obtaining our explicit written consent. Any attempt to disassemble, decompile, reverse engineer, or uncover the source code within our platform is strictly prohibited.

Trademarks and Branding: Any trademarks, service marks, or branding associated with TheFineAds.com are intellectual property owned by the platform.

Platform Design and Features: The unique design, layout, and features of the platform are considered intellectual property owned by TheFineAds.com.

Platform Name and Logo: The name and logo of TheFineAds.com are proprietary and constitute intellectual property owned by the platform.

Software and Code: Any underlying software, code, algorithms, or scripts used to operate the platform are intellectual property owned or licensed by TheFineAds.com.

Monetization

By using TheFineAds.com, users acknowledge and accept that TheFineAds.com may implement various monetization strategies to support the sustainability and growth of the platform.

• Premium Listings and Boosters/Promotional Keys:
  • TheFineAds.com may offer premium listing options and boosters for better visibility within the platform. The terms and conditions for these services, including pricing and benefits, will be clearly communicated to users.
• Free and Paid Listings:
  • TheFineAds.com may provide free trials and/or a limited number of free listings per user within a specified time period. Additional listings beyond this limit may be subject to charges. The terms and conditions for free and paid listings will be communicated to users in a transparent manner.
• Affiliate Marketing:
  • TheFineAds.com may engage in affiliate marketing activities through blog posts, emails, or other promotional channels. Users may encounter affiliate links or promotions. TheFineAds.com is committed to transparency in disclosing affiliate relationships and will adhere to applicable laws and regulations.

Payment Information

When users choose to purchase premium listings, boosters, or any other paid services on TheFineAds.com, payment details will be securely processed with the utmost care. The following guidelines ensure a trustworthy and transparent payment experience:

• Collection of Payment Details:
  • For the completion of transactions, users will be required to provide payment details, including credit card numbers, billing addresses, and other relevant information. This information is collected using industry-standard encryption protocols to ensure a secure and confidential process.
• Payment Processing:
  • TheFineAds.com partners with trusted payment processing services, such as WooCommerce Payments, Stripe, PayPal, or other specified services. These services employ rigorous security measures to safeguard user payment information.
• Storage of Payment Information:
  • To enhance security, TheFineAds.com does not store or retain users’ payment details on its servers. All payment information is securely processed and stored by the chosen payment processor.
• Security Measures:
  • TheFineAds.com prioritizes the security of user payment information. Transactions are conducted using Secure Socket Layer (SSL) technology, an industry-standard encryption method that ensures the confidentiality and integrity of data during transmission.
• Payment Methods:
  • TheFineAds.com accepts a variety of payment methods, including WooCommerce Payments, Stripe, PayPal, or other methods as specified. Users can choose the method that best suits their preferences and convenience.

It is important for users to review the specific terms and conditions of the chosen payment processor for a comprehensive understanding of their policies.

Liability and Disclaimers

• Availability and Downtime:
  • TheFineAds.com may experience downtime for maintenance, updates, or technical issues. We cannot guarantee uninterrupted access to the platform.
• Security:
  • While TheFineAds.com employs security measures to protect user data, users should be aware of the inherent risks associated with online interactions and the internet.
• Changes to the Platform:
  • TheFineAds.com reserves the right to make changes, updates, or improvements to the platform at any time without prior notice.
• Indemnification:
  • Users agree to indemnify and hold TheFineAds.com, its administrators, and affiliated entities harmless from any claims, damages, or losses arising from their use of the platform, including violations of the terms of use.
• Third-Party Links:
  • TheFineAds.com may contain links to third-party websites. We do not endorse or take responsibility for the content, privacy policies, or practices of third-party websites.
  • Video Links
    Users have the option to link videos to their listings. TheFineAds.com does not claim ownership of linked videos and is not responsible for their content. Users are solely responsible for ensuring that linked videos comply with applicable laws and do not infringe on the rights of third parties. In the event of any disputes or violations related to linked videos, users accept full responsibility, and TheFineAds.com reserves the right to remove any video link that is reported as inappropriate or infringing on intellectual property rights.
• User Responsibilities:
  • Users are responsible for the accuracy of the information they provide in their profiles and listings.
• Intellectual Property:
  • TheFineAds.com does not claim ownership of intellectual property submitted by users. Users are responsible for ensuring that their submissions comply with copyright laws.
• Accuracy of Information:
  • TheFineAds.com cannot guarantee the accuracy of information presented on the platform. Listings are based on the data submitted by users, and we do not independently verify the accuracy of each submission. Users are encouraged to exercise due diligence and verify information independently.
• Role of TheFineAds.com in Transactions:
  • TheFineAds.com is not involved in the agreement between the users.

Affiliate Marketing:

• TheFineAds.com may engage in affiliate marketing activities through blog posts, emails, or other promotional channels. Users may encounter affiliate links or promotions. Please be aware that when you click on these links and make a purchase, TheFineAds.com may earn a commission or receive compensation. This compensation is at no additional cost to you and helps support the maintenance and growth of our platform. TheFineAds.com is committed to transparency in disclosing affiliate relationships and will adhere to applicable laws and regulations. Users are encouraged to review the specific terms and conditions of any affiliated products or services for a comprehensive understanding of their policies.

Google Ads:

• TheFineAds.com may use Google Ads to display advertisements on the platform. Google Ads is an advertising service provided by Google Inc. These advertisements are targeted based on user interests and may use cookies to personalize content. While TheFineAds.com strives to display relevant and non-intrusive ads, the nature of online advertising involves automated processes. TheFineAds.com does not endorse the products or services advertised through Google AdSense. Users are encouraged to review Google’s Privacy Policy to understand how their information is used for ad personalization. Please note that TheFineAds.com is not responsible for the content of these ads or any interactions users may have with the advertised products or services.

• Termination of Accounts:
  • User accounts may be terminated or suspended for non-compliance with user responsibilities and conduct guidelines.
• Disclaimer of Warranties:
  • TheFineAds.com is provided “as is” without warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Liability:
  • In no event shall TheFineAds.com, its administrators, or affiliated entities be liable for any indirect, consequential, incidental, special, or punitive damages.
• Jurisdiction:
  • Disputes arising from the use of TheFineAds.com shall be governed by the laws of Cyprus (EU).

Accordingly, within the legal limits, we explicitly deny all warranties, representations, and conditions, whether express or implied. This includes aspects of quality, merchantability, durability, fitness for a particular purpose, and those stipulated by statute. We do not take responsibility for any losses, be it in monetary terms (including profit), goodwill, reputation, or any special, indirect, or consequential damages resulting from your use of, or inability to use our platform. This holds true even if you have informed us or we could reasonably anticipate the possibility of such damages occurring. Please note that in some jurisdictions, the disclaimer of warranties or exclusion of damages may not be applicable to you.

Users acknowledge and accept these disclaimers as inherent to the nature of the platform. By using TheFineAds.com, users agree that the platform, its administrators, and affiliated entities shall not be held liable for any inaccuracies, copyright infringements, or issues arising from third-party links.

Data Storage and Deletion

Registration information is stored as long as the user remains registered. Users have the option to delete their listings, including all associated data, directly from their user dashboard. Additionally, Users also have the right to request the deletion of their accounts and associated data by sending an email to info@thefineads.com. Upon account deletion, personal information will be securely removed from the live platform. Inactive accounts, those that have not been accessed for a specified period, may be subject to data retention policies. If an account remains inactive for an extended duration, we reserve the right, in our sole discretion, to deactivate or delete such accounts to ensure the efficient operation of the platform.

Backup Procedures

To ensure the stability and security of our platform, routine backups are conducted by our hosting provider. These backups encompass the entire website, including user data and listings, and are typically performed on a daily basis. Users should be aware that these backups serve as a critical component in maintaining system integrity, protecting against data loss, and preserving historical information. It is important to note that deleted data from the live platform may persist in backups for a certain duration, dictated by our hosting provider’s backup retention policies. While we strive to promptly update the live platform with any changes, users should understand that the removal of deleted data from backups may take some time due to the routine schedule of our hosting provider’s backup processes. We prioritize transparency in this process, aiming to keep users informed about the procedures in place to safeguard their data.

Changes to Terms of Use

We retain the authority to, at our discretion, alter, transform, or otherwise revise the Terms and Conditions. Such modifications become effective immediately upon being posted. If the User disagrees with the updated Terms of Use, they must cease using our Website and its Services. Continued use of our website following the notice of such modifications, transformations, or updates implies agreement to be bound by the revised Terms and Conditions.

Our platform has the right to, either partially or completely, temporarily or permanently, modify or terminate its Website and Services with or without prior notice to the User. The User acknowledges and agrees that they, nor any third party, shall assert any claim against our website for any modification or interruption of the Website and the Services.

Dispute Resolution

In the event of a dispute between you and our platform, we highly recommend initiating direct contact with us to explore resolution options. We are open to considering reasonable requests for alternative dispute resolution methods, including mediation or arbitration, as viable alternatives to litigation.

This document was last updated on Jan 24, 2024