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Ad-fest Terms Of Use 1. Acceptance Of Terms Ad-fest provides the following online services: classified ads, discussion boards, affiliate program, banner exchange, ABC Linking, and Blog Directory (Services). By using any of the Services, you agree to comply with the Terms Of Use (TOU). Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, or become dissatisfied with any of the Services in any way, you have to discontinue the use of Ad-fest, immediately. 2. Modifications to This Agreement We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep up to date of any changes. You can find the most recent version of the TOU at: 3. Content You understand that all the postings, messages, text, files, images, photos, video, sounds, or other materials (Content) posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item of content that you post, email or otherwise make available via the Ad-fest services. You understand that Ad-fest does not control, and is not responsible for Content made available through its services, and that by using the Ad-fest services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Ad-fest website and the Content available through the Ad-fest services may contain links to other websites, which are completely independent of Ad-fest. Ad-fest makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on the accuracy of the Content, and that under no circumstances will Ad-fest be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that Ad-fest does not pre-screen or approve Content, but that Ad-fest shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the conditions of the TOU, or for any other reason. 4. Third Party Content, Websites and Services The Ad-fest website and the Content available through its Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Ad-fest, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Ad-fest shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Ad-fest is under no obligation to become involved and will not get involved. In the event that you have a dispute with one or more other users, you hereby release Ad-fest and its representatives (owners, staff, employees, agents and officers), of any implication arising from such disputes and/or the Services. 5. Notification Of Claims Of Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Ad-fest at: ad-fest@ad-fest.com?subject=COPYRIGHT_INFRINGEMENT and provide us with the following: a) Identify the material on the Ad-fest website that you claim is infringing, with enough detail so that we may locate it on the website; b) 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; c) A statement by you declaring under penalty of perjury that (1) the above information is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. Ad-fest will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). 6. Privacy and Information Disclosure Ad-fest has established a Privacy Policy to explain to users how their information is collected and used, which is located at: http://ad-fest.com/privacy.php Your use of the Ad-fest website or its Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Ad-fest may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any content violates the rights of third-parties; respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Ad-fest, its users or the general public. 7. Conduct You agree not to post, email, or otherwise make available the following content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy, or is harmful to minors in any way; b) that is obscene, pornographic or depicts a human being engaged in actual sexual conduct; c) that is discriminatory, harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates federal, state, or local law. e) that impersonates any person or entity, including, but not limited to an Ad-fest representative, or falsely states or misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.); f) that includes personal or identifying information about another person without that person's explicit consent; g) that is false, deceptive, misleading, deceitful, or misinformative; h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available as your own; i) that constitutes "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Ad-fest website which are not designated for such purposes; or emailed to Ad-fest users who have not indicated in writing that it is all right to contact them about other services, products or commercial interests. k) that includes links to commercial services or web sites, except as allowed in the Services; l) that advertises any illegal service or the sale of any items prohibited or restricted by any applicable law, including but not limited to: obscene material or child pornography; weapons; destructive devices or explosives; controlled substances or illegal drugs; alcohol or tobacco products; prescription and nonprescription drugs and medical devices; bodily fluids and body parts; household pets (re-homing with small adoption fee OK); pet animal parts and fluids - including but not limited to stud/breeding service; restricted or regulated plants and insects, endangered plant species, or live insects or pests; pesticides or hazardous substances, or items containing hazardous substances, contaminated items containing toxic substances without a warning label; illegal telecommunications equipment; stolen property, or property with serial number removed or altered; burglary tools; false identification cards; counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them; counterfeit, replica, or knock-off brand name goods; material that infringes copyright; tickets of any kind which you are not authorized to sell; gambling items; used or rebuilt batteries, or batteries containing mercury; used bedding and clothing, unless sanitized in accordance with the law; non-packaged food items or altered food, bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. (MAKE SURE YOU ARE IN COMPLIANCE WITH THE APPLICABLE LAW, BEFORE POSTING ANY ITEM FOR SALE ON AD-FEST!) m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or o) that employs misleading email addresses, or forged headers or manipulated identifiers in order to disguise the origin of content transmitted through the Services. Additionally, you agree not to: p) contact anyone who has asked not to be contacted; q) stalk or harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means or any other means to download data from the Ad-fest website - unless expressly permitted by Ad-fest; t) post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our server, including posting any kind of ad on the Forum (Discussion Board) amd/or in areas designated exclusively for Webmasters and Affiliate Program Owners; u) post the same item or service in more than one classified category or board, or in more than one metropolitan area; v) attempt to gain unauthorized access to the Ad-fest computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Ad-fest website or Services; or x) use any form of automated device or computer program that enables the automatic submission of postings on Ad-fest, either in bulk, or at regular intervals. 8. Posting Agents A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the Ad-fest Services on behalf of others. To moderate demands on the Ad-festresources, you may not use a Posting Agent to post Content to the Services without express permission or license from Ad-fest. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Ad-fest. 9. No Spam Policy You understand and agree that sending unsolicited email advertisements to Ad-fest email addresses or through the Ad-fest computer systems, which is expressly prohibited by these TOU, will use servers located in Texas. Any unauthorized use of Ad-fest computer systems is a violation of the TOU and the federal and state laws. Such violators and his/her agents will be subject to civil and criminal penalties. 10. Paid Postings We charge for extended or featured Content in some areas of the Services. Each party posting Content to the Services is responsible for the Content he/she makes publicly available and the compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. 11. Limitations on Services You acknowledge that Ad-fest may establish limits concerning use of the Services, including the maximum number of days that the Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Ad-fest has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Ad-fest reserves the right to modify or discontinue the Services (or any part thereof) at any time, with or without notice, and that Ad-fest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. 12. Access to The Services Ad-fest grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Ad-fest. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses, using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Ad-fest permits you to display on your website, or to create a hyperlink on your website to, individual postings on the Services, as long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, and with no express permission from Ad-fest to do so. You may also create a hyperlink to the home page of Ad-fest website, as long as the link does not portray Ad-fest and/or its representatives in a false, misleading, derogatory, or offensive manner. Ad-fest offers parts of the Services in RSS format so that the users can embed individual feeds into a personal website or blog, or view postings through third party software (news aggregators). Ad-fest allows you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Ad-fest' as the source, (d) your use or display does not suggest that Ad-fest promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden the Ad-fest servers. Ad-fest reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Yhe use of the Services beyond the scope of authorized access granted to you byAd-fest immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Ad-fest. 13. Termination Of Service You agree that Ad-fest, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of any of the Services, immediately and without notice, and remove and discard any of your Content posted on the Services, for any reason, including, without limitation, if Ad-fest believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Ad-fest shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOU. 14. Proprietary Rights The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the website or any portion of it to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Ad-fest. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Ad-fest, and agree to abide by any and all copyright notices displayed on the Services. You may not use and/or modifiy the source code contained in the Services. Further, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. Although Ad-fest does not claim ownership over the content posted by its users, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Ad-fest an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Ad-fest all the rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 15. Disclaimer Of Warranties YOU AGREE THAT USE OF AD-FEST WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE AD-FEST WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE`WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. AD-FES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AD-FEST WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AD-FEST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AD-FEST WEBSITE OR THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE AD-FEST WEBSITE. AD-FEST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AD-FEST WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you. 16. Limitations Of Liability UNDER NO CIRCUMSTANCES SHALL AD-FEST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AD-FEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE AD-FEST WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AD-FEST WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE AD-FEST WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AD-FEST WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AD-FEST WEBSITE OR THE SERVICE OR ANY LINKS ON THE AD-FEST WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AD-FEST WEBSITE OR THE SERVICE OR ANY LINKS ON THE AD-FEST WEBSITE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 17. Indemnity You agree to indemnify and hold Ad-fest and its representatives, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. 18. General Information The TOU constitute the entire agreement between you and Ad-fest and rules your use of the Services, superseding any prior agreements between you and Ad-fest. You and Ad-fest agree to submit to the personal and exclusive jurisdiction of the courts located within the Dallas county. The failure of Ad-fest to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 19. Violations Of Terms and Liquidated Damages Please report any violations of the TOU, by flagging the posting(s) for review or by sending an email at: ad-fest@ad-fest.com?subject=ABUSE Adfest's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Ad-fest to pursue legal action to enforce the TOU, you will be liable to pay Ad-fest the following amounts as liquidated damages, which you accept as reasonable estimates of Ad-fest's damages for the specified breaches of the TOU: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Ad-fest one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If Ad-fest establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Services, you agree to pay Ad-fest one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Ad-fest in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Ad-fest email addresses or through the Ad-fest computer systems, you agree to pay`Ad-fest twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay Ad-fest one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Ad-fest may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Ad-fest one hundred dollars ($100) for each and every Item of Conent posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Ad-fest an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU, without Ad-fest's express written permission, you agree to pay Ad-fest three thousand dollars ($5,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Ad-fest's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Ad-fest retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof. 20. Refunds Both for one time purchases of the Services, as well as for subscriptions to any of the Services, no refunds are given. You may continue your subscriptions for an unlimited time. If you wish to unsubscribe, you are free to do so, at any time, by logging into your Paypal account. 21. Feedback Your questions and comments on the Ad-fest TOU are welcome in the support board: |