This agreement applies to this website and all Landing Pages & services (collectively, the "Action Page System") operated by Ad2action, Inc. or its partners or subsidiaries (AD2ACTION/The Provider). This Website is comprised of various Landing Page Designs and Content Management Systems. Your (Customer/User) ACTION PAGE Account is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ACTION PAGE SYSTEM as a User/Customer constitutes your agreement to all such terms, conditions, and notices. Your use of a particular ACTION PAGE Campaign may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the ACTION PAGES may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas or third party modules and applications). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular ACTION PAGE system, then these terms shall control.
LICENSE GRANT. Subject to the terms and conditions of this Agreement, AD2ACTION grants to you a non-exclusive license to use the "ACTION PAGE SYSTEM" - 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. Details of this license are as follows:
PROVISIONS OF SERVICE. AD2ACTION will provide customer with access, to the ACTION PAGE SYSTEM through a password-protected login available on ACTION PAGE servers and other equipment (the "ACTION PAGE SYSTEM"). During the term of this Agreement, Customer/User may access ACTION 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 ACTION PAGE 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 ACTION PAGE 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 access.
USE OF LANDING PAGES. Unless otherwise specified, the ACTION PAGE SYSTEM is 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 ACTION PAGE SYSTEM for other use without prior written approval.
Harassment in any manner or form using ACTION PAGES or any of the supporting 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 ACTION PAGE is prohibited. You may not use the ACTION 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 ACTION PAGE 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 ACTION PAGE SYSTEM, nor shall Customer/Users use, or authorize others to use, the Software, Hosting Services or the ACTION PAGE SYSTEM to operate a service bureau.
COPYRIGHTS AND TRADEMARKS. The entire content included in this website and the ACTION PAGE SYSTEM, 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 The collective work includes works that are licensed to AD2ACTION, INC. Copyright 2008, 2009, 2010, 2011. 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.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
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 us 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 us 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.
2604 El Camino Real #B-159
Carlsbad, CA 92008
IMPORTANT NOTE: THE PROCEEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US 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. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process.
USER PARTICIPATION. We do not and cannot review all communications and materials posted to, or created by users accessing the site or ACTION PAGE SYSTEM and we are 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 ACTION PAGE SYSTEM, We are merely acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any contents or activities on your ACTION PAGE. However, we reserve the right to block or remove communications or materials that we 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 us at our sole discretion.
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 to us, upload or post to this Site through our support pages ("Communications") will be considered non-confidential and non-proprietary. We will have no obligations with respect to these 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 us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of ours. 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 we sponsor, endorse, or are affiliated with or associated with, or have 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, we seek to protect the integrity of our 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 our products and/or each claim or statement comparing the effectiveness of our products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
DISCLAIMER. We make no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. We do 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 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. WE DO 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. WE DO 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 WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE 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. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an ACTION PAGE 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 us must be settled before you establish a new ACTION PAGE 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 ACTION PAGE 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 we 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 our services is subject to use or sales tax, then we may also charge you for any such taxes, in addition to the subscription or other fees.
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