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AD2ACTION CUSTOMER/PRODUCT TERMS OF USE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE AD2ACTION LANDING PAGE SYSTEM (the "Campaign Manager and all Landing Pages"). By accessing or using the Campaign Manager, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site or Landing Page Services. (See also Privacy & Spamming Policies)
MODIFICATION OF THESE TERMS OF USE. AD2ACTION reserves the right to change the terms, conditions, and notices under which the AD2ACTION Landing Pages are offered, including but not limited to the charges associated with the use of the AD2ACTION Landing Page Campaigns. You are responsible for regularly reviewing these terms and conditions.
LICENSE GRANT. Subject to the terms and conditions of this Agreement, ad2action grants to you a non-exclusive license to use the "Ad Creation System" (ACS) - Software and accompanying documentation ("Documentation") and Web Site in the manner described in "Provision of Services." Unless you have purchased a subscription for the Software, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software outside of what is provided by ad2action, Inc. Details of this license are as follows:
PROVISIONS OF SERVICE. Ad2action will provide customer with access, to the as2action Software through a password protected login available on ad2action’s servers and other equipment (the "ad2action System"). During the term of this Agreement, Customer/Customer may access Landing Page administrative services ("Campaign Manager Access") through this password-protected login. Customers shall be responsible for maintaining the confidentiality of such passwords and shall permit only authorized associates of customer to access the ad2action System. The Hosting Services and the hosting fees do not include any deployment, training, custom web design or other consulting or professional services which, if applicable, will be specified in a Statement of Work, signed by both parties, and incorporated herein by this reference. Each ad2action customer is subject to a single use, specifically one (1) individual (Person) per setup, and may not be used as an Internet location for multiple persons i.e. more than one individual or business using the same account/System.
USE OF LANDING PAGES. Unless otherwise specified, the AD2ACTION Landing Pages are for your personal and business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or use any images, design or content from the Landing Pages for other use without prior written approval.
Harassment in any manner or form on the Landing Pages or any of the AD2ACTION Websites, including via e-mail, post, blog or community and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an AD2ACTION employee, host, or representative or other members or visitors on the Landing Page is prohibited. You may not use the Landing Page System to upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, pornographic, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
Ad2action grants customer/user a non-exclusive, non-transferable, limited license, to use such Software only in connection with the Hosting Services. Customers/Users will not disassemble, decompile or otherwise attempt to discern the source code of such Software. User will not copy landing page designs or images and place these designs or images on a third party server. Customer/user agrees that, except as expressly set forth in this Section, it will not rent, lease, sublicense, re-sell, time-share or otherwise assign to any third party this Agreement or any of Customer/users rights or licenses to access the Software or the ad2action System, nor shall Customer/users use, or authorize others to use, the Software, Hosting Services or the ad2action System to operate a service bureau.
COPYRIGHTS AND TRADEMARKS. The entire content included in this ad2action website and Landing Page sites, including but not limited to text, design, graphics, licensed images, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of AD2ACTION, INC. The collective work includes works that are licensed to AD2ACTION, INC. Copyright 2008, 2009, 2010. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Ad2action, or other respective owners that have granted AD2ACTION the right and license to use such Marks.
UPLOADED IMAGES & BACKGROUNDS. When uploading images and backgrounds, you acknowledge that AD2ACTION, INC. reserves the right to remove any digital content that violates our terms of use. All files are copyright to their respective owners. Though AD2ACTION, INC. staff monitors the types of images uploaded to its servers, AD2ACTION is not responsible for the content of any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.
When uploading images, you agree "NOT" to use the image uploading services to:
1. Upload pornography or child pornography. Uploaders' as well as all the viewers' IP addresses will be reported to the proper authorities such as the FBI and Interpol. With this information, these two agencies will be able to find and arrest the user in regard to the above-mentioned abuse
2. Upload images that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and distribution permissions. An abuse of copyright law will result in immediate termination of abuser's account from using the ad2action service
3. Upload or make available any Content that spreads messages of terror or depicts torture or death-images; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
AD2ACTION respects the intellectual property of others, and we ask our users and visitors to do the same. AD2ACTION will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AD2ACTION will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AD2ACTION the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Site; 4. You’re address, telephone number, and email address and all other information reasonably sufficient to permit AD2ACTION to contact you; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Ad2action, Inc. Legal Division Copyright Agent 784 S. River Road #117 Saint George UT 84790
IMPORTANT NOTE: THE PROCEEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AD2ACTION THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM; TERMINATION. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process.
USER PARTICIPATION. AD2ACTION does not and cannot review all communications and materials posted to, or created by users accessing the site or Landing Page System and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Landing Pages, AD2ACTION is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Landing Page. However, AD2ACTION reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to AD2ACTION at its sole discretion. Note that Ad2action in accordance with Ad2action Privacy Statement will treat any personally identifiable information you may post or transmit.
USER SUBMISSIONS. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications")will be considered non-confidential and non-proprietary. AD2ACTION will have no obligations with respect to the Communications. AD2ACTION and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with AD2ACTION, AD2ACTION has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AD2ACTION. AD2ACTION has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that AD2ACTION sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, AD2ACTION seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
CLAIMS. Each claim or statement about the effectiveness of AD2ACTION products and/or each claim or statement comparing the effectiveness of AD2ACTION products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
DISCLAIMER. AD2ACTION makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Ad2action does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AD2ACTION.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AD2ACTION.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AD2ACTION.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL AD2ACTION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AD2ACTION.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless AD2ACTION, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Site using your account.
BILLING TERMS. AD2ACTION reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an AD2ACTION monthly Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with AD2ACTION Services must be settled before you establish a new AD2ACTION Account.
MONTHLY FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You are not entitled to a refund for any monthly fees you have paid. Upon cancellation, you will lose access to entitlements and assets associated with your Account (such as back office utilities and landing page campaigns) and your account will be deleted from the server. You may cancel your subscription at any time, but AD2ACTION will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate monthly fees for any subscription. If your use of AD2ACTION Services is subject to use or sales tax, then AD2ACTION may also charge you for any such taxes, in addition to the subscription or other fees. If your Account, or a particular subscription for an AD2ACTION Service associated with your Account, is terminated, no refund will be granted; no other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account. |