1. This licence is between High Country Software Limited of Woking, England, and an Advertiser who will use the Mobilemaps NearbyAds Service ("the Service"). The Advertiser is only licensed on these terms, and if the Advertiser does not accept these terms then the licence is terminated and the Advertiser should not make any use of the Service.
2. High Country retains the right to make modifications to this contract in which case the Advertiser can agree to comply with the new licence terms or cease using the Service.
3. The Service offers Advertisers the capability to publish NearbyAds, which consist of geographically located advertising copy, onto a network of Internet Nearby Engines. The Nearby Engines are not controlled by High Country, and High Country has no control over such things as the selection, timing, or editorial control exercised by the different Nearby Engines with regards to the Advertiser's advertisements. The Service only offers owners of Nearby Engines the ability to publish the Advertiser's advertisements if they choose.
4. Use of the Service is provided in exchange for payments from the Advertiser which debit the Advertiser's account each time an Advertiser's advertisement is clicked on by an Internet user. Such payment rates are determined by the Advertiser, but High Country reserves the right to set and modify a minimum rate of such payments. At the time of this contract there is a minimum rate of 0.1 United States Dollars per click.
5. Payments into the Advertiser's account on the Service are in advance of publication of advertisements to the Service. Such payments are non-refundable, and it is the responsibility of the Advertiser to create and modify advertisements to ensure the account balance is spent. If advertisements do not have sufficiently high pay-per-click values set they may not be visible, or receive few clicks by Internet users. Additionally if the advertisments are not compelling to Internet users they may receive few clicks. It is the responsibility of the Advertiser to correct these or similar problems that may limit spending of the account balance.
6. The Advertiser agrees not to post advertisements that include obscenities, or otherwise violate advertising laws that apply in the physical location selected for the advertisement and all other applicable jurisdictions. If such a violation of law occurs, the Advertiser agrees to accept liability for such violation and defend High Country from such liability.
7. The Advertiser warrants that it has a right to publish its advertisements because it owns copyright to, or is otherwise licensed to publish, the copy of its advertisements, and owns all other applicable intellectual property rights necessary to publish its Advertisements.
8. The Advertiser warrants its advertisements are relevant to its own products and services, and have been located in a physical location that directly relates to its own products and services.
9. High Country reserves the right to modify, inactivate, or delete Advertisements for any reason. High Country reserves the right to freeze an Advertiser's account pending investigation should the Advertiser appear to be in breach of this agreement.
10. HIGH COUNTRY SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AN IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED. HIGH COUNTRY'S TOTAL LIABILITY TO THE ADVERTISER SHALL NOT EXCEED THE SUMS PAID, IF ANY, BY THE ADVERTISER.
11. This licence constitutes the entire agreement between the Advertiser and High Country. High Country accepts no terms implied or stated in other interaction between the Advertiser and High Country, or in interaction between the Advertiser and a third party.
12. Termination of contract. The Advertiser can terminate this agreement at any time by emailing notification to webmaster@mobilemaps.com. High Country reserves the right to terminate this agreement at any time by shutting down the Advertisers account and returning remaining money in the Advertiser's account to the Advertiser. If the Advertiser is in breach of this agreement, High Country reserves the right to terminate this agreement and retain any money in the Advertiser's account.
13. This licence agreement is subject to English Law and any disputes shall be handled by the English courts.
14. Mobilemaps and Mobilemaps NearbyAds are trademarks of High Country.
High Country Software Limited, Registered in Cardiff number 3182546,
VAT registration number: 672 6262 25, Address: 84 Armadale Rd
Goldsworth Park, Woking, Surrey, GU21 3LD, United Kingdom.