PopUnderExchange.com reserves the right to
verify through any means the placement and correctness of the
PopUnderExchange.com HTML
code provided to you in connection with your participation in the
PopUnderExchange.com
website, and you hereby grant PopUnderExchange.com the right to access your web site in
connection with this purpose. You acknowledge that PopUnderExchange.com is a sponsor
supported service provided to you free-of-charge, and that at any given
time the PopUnderExchange.com HTML code incorporated into your web site may display an
advertisement from a sponsor. All PopUnderExchange.com HTML code must be placed on a
page in your web site in a position where the majority of people visiting
that page will see and notice the Exit ad displayed via the HTML code.
PopUnderExchange.com reserves the right to deactivate accounts for web sites: (a) that
display an inordinate number of Exits for or links to competing Exit
exchange services; (b) that contain little or no original content; or (c)
if PopUnderExchange.com HTML code appears on an inordinate number of
dynamically-generated pages
Without limiting the foregoing, in connection with your participation in
the PopUnderExchange.com website you may not:
-
Artificially inflate
traffic counts to your web site using any device, program or other
means.
-
Insert more than one
PopUnderExchange.com HTML code on any single web page on your web site.
-
Include the
PopUnderExchange.com HTML
code on any pages of your web site that automatically reload or go to
another page without interaction from the user ( e.g., client pull or
server push technology ).
-
Include the
PopUnderExchange.com HTML
code on any web page that is not generally accessible to all Internet
users ( e.g., pop-up windows and hidden frames ).
-
Place any
PopUnderExchange.com HTML code
on web page that is unrelated to your web site.
You will not earn or be
entitled to receive any credits earned in violation of the foregoing, and
if PopUnderExchange.com deactivates your account in response to the foregoing you
forfeit to PopUnderExchange.com , and will not receive, any credits credited to your
deactivated account.
You acknowledge and agree
that your web site information ( name, URL, logo, traffic counts, etc. )
may be utilized by PopUnderExchange.com and disclosed to third parties (e.g., lists of
the busiest sites, lists of member sites, etc.). You agree to allow
PopUnderExchange.com to use screen shots of any web page that contains
PopUnderExchange.com HTML
code in PopUnderExchange.com promotional materials, and represent and warrant that you
have the authority sufficient to grant the foregoing rights.
AGREEMENT BETWEEN USER AND
popXchange
The PopUnderExchange.com Web Site is comprised of various Web sites and Web pages
operated by PopUnderExchange.com or its affiliates, these Web sites will be
collectively referred to in this agreement as the "PopUnderExchange.com
website ."
Use of the PopUnderExchange.com website provides a variety of services to third party
Web sites participating in the PopUnderExchange.com website (the "Member Sites"). The
Member Sites are not under the control of PopUnderExchange.com and
PopUnderExchange.com is not
responsible for the actions or the contents of any Member Site, any link
contained in a Member Site, or any changes or updates to such sites. If
you have a question regarding a Member Site, please contact the owner of
such site directly.
The PopUnderExchange.com website is
offered to you conditioned on your acceptance without modification of
these Terms of Use and Notices. Your use of the PopUnderExchange.com website
constitutes your agreement to these Terms of Use and Notices. Your use of
a particular PopUnderExchange.com Web site included within, or acceptance of a product,
service or benefit obtained through, the PopUnderExchange.com website may also be
subject to additional terms specified in the applicable
PopUnderExchange.com Web site
or other accompanying documentation (as such terms may be modified by
PopUnderExchange.com from time to time as described below) (the "Additional Terms"). If
you do not have print capability or otherwise desire to obtain a hard copy
of these Terms of Use and Notice, please contact PopUnderExchange.com customer service.
If any of the terms,
conditions, and notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within or applicable any
particular popXchange Web site, service, product or benefit, then the
applicable Additional Terms shall control. You agree to familiarize
yourself with the Terms of Use, including the Additional Terms, and other
terms and guidelines found throughout the PopUnderExchange.com website and abide by
them if you choose to use the sites, or accept the products, services or
benefits, to which such terms apply.
LINKS TO THIRD PARTY SITES
The links in the PopUnderExchange.com website may let you leave the
PopUnderExchange.com website .
you acknowledge that the linked sites are not under the control of
PopUnderExchange.com
and PopUnderExchange.com is not responsible for the contents or operation of any linked
site or any link contained in a linked site, or any changes or any updates
to such sites. PopUnderExchange.com is not responsible for webcasting or any other form
of transmission received from any linked site. PopUnderExchange.com is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by any link does not imply endorsement by
PopUnderExchange.com of the
linked site or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PopUnderExchange.com website , you warrant to
PopUnderExchange.com
that you will not use the PopUnderExchange.com website for any purpose that is
unlawful, or prohibited by these Terms of Use and Notices or the
Additional Terms (as the same may be modified from time to time). In
addition, you may not link to the PopUnderExchange.com website any site containing an
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information, or material or information
that violates any applicable intellectual property, proprietary, privacy
or publicity rights.
The information provided by PopUnderExchange.com to you may be proprietary in nature.
You agree not to share any information provided to you by or on behalf of
PopUnderExchange.com with any third party. If you sell or otherwise distribute goods or
services that compete with or may otherwise serve as a substitute for
products or services sold or otherwise distributed by
PopUnderExchange.com, you may
not: (a)use or acquire, or have any other person use or acquire on your
behalf, the products or services of PopUnderExchange.com for which you offer competing
or substitute products or services; and (b)advertise, promote, market or
solicit offers to acquire such competing or substitute products in
connection with your use of any PopUnderExchange.com products or services.
USE OF COMMUNICATION SERVICES
The PopUnderExchange.com website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, electronic mail postings
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service, and to comply with all
applicable laws and these Terms of Use and Notices. By way of example, and
not as a limitation, you agree that when using a Communication Service,
you will not:
-
Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
-
Download, publish, post,
upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
-
Upload files that contain
software or other material protected by intellectual property laws,
rights of privacy or publicity, or other proprietary rights, unless you
own or control the rights thereto or have received all necessary
consents ( e.g., you may not upload "warez" or pirated software ).
-
Upload files that contain
viruses, corrupted files, or any other similar software or programs that
may or are intended to damage the operation of another's computer (e.g.,
"cracks" or other programs written to defeat the security measures of
any computer, system or programs).
-
Advertise or offer to sell
or buy any goods or services, unless such Communication Service
specifically allows such messages.
-
Conduct or forward illegal
contests, pyramid schemes or chain letters.
-
Download, publish, post,
upload, distribute or disseminate any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
-
Falsify, delete or alter
any material, author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of material
contained in a file that is uploaded via the Communication Services.
-
Restrict or inhibit any
other user from using and enjoying its rights in the Communication
Services.
-
Violate any code of conduct
or other guidelines that may be applicable for any particular
Communication Service.
-
Harvest or otherwise
collect information about others, including e-mail addresses, without
their express consent.
-
Exit the Communication
Services to any unsolicited communication sent to any third party, or
otherwise use or mention the Communications Services in connection with
any such unsolicited communication.
-
Violate any applicable laws
or regulations.
PopUnderExchange.com reserves the right,
but is not obligated, to review materials posted to a Communication
Service and to remove any such materials in its sole discretion.
PopUnderExchange.com
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever. PopUnderExchange.com reserves the right to terminate or change any
Communication Service at anytime.
PopUnderExchange.com is not obligated to monitor the Communication Services. However,
with respect to the use of the Communication Service, PopUnderExchange.com reserves the
right to disclose any information or materials as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, from the Communication Service in PopUnderExchange.com sole discretion.
You acknowledge that all Communication Services are public and not private
communications, therefore your communications may be read by others
without your knowledge. Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. PopUnderExchange.com does not control or endorse the content,
messages or information found in any Communication Service and, therefore,
PopUnderExchange.com specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Forum managers and hosts of the
Communication Services are not authorized PopUnderExchange.com agents or spokespersons,
are not able to bind PopUnderExchange.com, nor do their views necessarily reflect those
of PopUnderExchange.com.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, and you are
responsible for adhering to such limitations if you download the
materials.
LICENSE TO PopUnderExchange.com
By posting messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of communication
with or through any PopUnderExchange.com Web Site, you warrant and represent that you
own or otherwise control the rights necessary to do so and to grant
PopUnderExchange.com the licenses set forth below. You hereby grant
PopUnderExchange.com and its
affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sublicense, create derivative works from,
transfer, or sell any such communication.
Sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
Publish your name in connection with any such communication.
The foregoing grants shall
include the right to exploit any intellectual property or proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. No compensation will be paid or due you with respect to
PopUnderExchange.com or its sublicensee's use of the materials contained within such
communication. PopUnderExchange.com is under no obligation to post or use any materials
you may provide, and may remove such materials at any time in
PopUnderExchange.com's sole discretion.
LIABILITY DISCLAIMER
The information, software, products, services and other material included
in or available through the PopUnderExchange.com website may not be complete, and may
include inaccuracies or typographical errors, and may also be modified or
deleted from time to time. Advice, information, products, services or
other materials received via the PopUnderExchange.com website should not be relied upon
for personal, medical, legal, business, financial or other decisions and
is not intended to replace the advice of appropriate and qualified
professionals. You acknowledge that you should consult an appropriate
professional for specific advice tailored to your situation.
Your access to and use of the PopUnderExchange.com website , and products and services
of PopUnderExchange.com , is at your own risk. PopUnderExchange.com , and its members and sponsors,
will not be liable for any damage, loss or disclosure of information,
data, revenue, accounts or business that occurs in connection with your
use of the PopUnderExchange.com website , or such products or services.
PopUnderExchange.com makes
no guarantees of any kind regarding the dependability, accuracy, security,
timeliness or availability of the PopUnderExchange.com website , or such products or
services.
Without limiting the foregoing, PopUnderExchange.com AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED
ON THE PopUnderExchange.com website FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. PopUnderExchange.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PopUnderExchange.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE PopUnderExchange.com website OR RELATED SERVICES,
WITH THE DELAY OR INABILITY TO USE THE PopUnderExchange.com website OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE PopUnderExchange.com website , OR OTHERWISE ARISING OUT OF THE USE OF THE
PopUnderExchange.com website , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PopUnderExchange.com OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE PopUnderExchange.com website , OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE PopUnderExchange.com website AND ITS RELATED SERVICES. Without limiting the
foregoing, PopUnderExchange.com is not responsible for any of your data residing on
Exit Exchange hardware. You are responsible for backing-up your data and
information that may reside on the PopUnderExchange.com hardware, whether or not such
information is produced through the use of the PopUnderExchange.com website .
You agree to defend, indemnify and hold PopUnderExchange.com harmless from and against
any and all claims, losses, liability costs and expenses (including but
not limited to attorneys' fees) arising from your violation of these Terms
of Use (including, without limitation, violation of applicable Additional
Terms of Use), or any third-party's rights, (including, without
limitation, infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights). These obligations will survive
any termination of your relationship with PopUnderExchange.com.
ACCESS RESTRICTION
PopUnderExchange.com reserves the right to deny in its sole discretion any user access
to the PopUnderExchange.com website or any portion thereof without notice. You are
responsible for safeguarding the confidentiality of your password(s) and
user name(s) issued to you by PopUnderExchange.com, and for any use or misuse of your
account or the PopUnderExchange.com website resulting from any third party using a
password or user name issued to you.
TERMINATION
PopUnderExchange.com may terminate this agreement and your access to any or all
PopUnderExchange.com
website and the related services at any time, with or without cause,
effective immediately. Anyone determined by PopUnderExchange.com to have violated these
Terms of Use and Notices, or any Additional Terms may be barred from using
the PopUnderExchange.com website , or from receiving any products, services or benefits
from the PopUnderExchange.com website . In addition, if you violate any of these Terms
of Use, Notices or Additional Terms (as applicable) you will forfeit all
in-kind credits and amounts accruing to you (if any) in connection with
the PopUnderExchange.com website .
GENERAL
This agreement is governed by the laws of the State of Oregon, USA You
hereby consent to the jurisdiction of and venue in courts located in
Multnomah County, Oregon, USA in all disputes arising out of or relating
to the use of the PopUnderExchange.com website . In addition, you hereby consent to the
exclusive jurisdiction of and venue in such courts for any action
commenced by you against PopUnderExchange.com (or its affiliates). Use of the
PopUnderExchange.com
website is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and PopUnderExchange.com as a result of this
agreement or use of the PopUnderExchange.com website .
PopUnderExchange.com performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of PopUnderExchange.com's right to comply
with governmental, court and law enforcement determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and PopUnderExchange.com with respect to the
PopUnderExchange.com
website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
PopUnderExchange.com with respect to the PopUnderExchange.com website . A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. You may not rent, lease, license, grant a security interest
in, or otherwise transfer or sublicense your rights in the
PopUnderExchange.com website
, service to any third party.
NOTICES AND PROCEDURE 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 Service Provider's
Designated Agent. See our Notice and Procedure for Making Claims of
Copyright Infringement:
Copyrights and Copyright
Agent
PopUnderExchange.com respects the intellectual property of others, and we ask our users
to do the same. PopUnderExchange.com may, in appropriate circumstances and at its
discretion, terminate the accounts of users who infringe the intellectual
property rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide PopUnderExchange.com's Copyright Agent the
following information:
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed; A
description of where the material that you claim is infringing is located
on the site; Your address, telephone number, and e-mail address; 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; 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 the copyright owner's behalf.
FOR INFORMATION REGARDING THE PopUnderExchange.com PRIVACY STATEMENT visit
our Privacy
Policy http://www.popXchange.com/privacy.htm