The Adtester.com Web Site (the "Site") is an online information service
provided by Adtester.com ("Adtester.com"), subject to your compliance with
the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. ADTESTER.COM MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are Adtester.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant
to Adtester.com a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Adtester.com by all means and in any media now known or hereafter developed.
You also grant to Adtester.com the right to use your name in connection with
the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against Adtester.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to Adtester.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Adtester.com. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Adtester.com, Adtester.comdoes not operate,
control or endorse any information, products or services on the Internet in
any way. Except for Adtester.com- identified information, products or services,
all information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated with
Adtester.com a. You also understand that Adtester.com cannot and does not
guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. ADTESTER.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ADTESTER.COM SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
ADTESTER.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ADTESTER.COM HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ADTESTER.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ADTESTER.COM OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, ADTESTER.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Adtester.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When
you access a non-Adtester.com web site, please understand that it is independent
from Adtester.com, and that Adtester.com has no control over the content on
that web site. In addition, a link to a Adtester.com web site does not mean
that Adtester.com endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Adtester.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Adtester.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of The United States of America applicable to agreements made and to
be performed in The United States of America. You agree that any legal action
or proceeding between Adtester.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in The United
States of America. Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. Adtester.com's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Adtester.com may assign its rights
and duties under this Agreement to any party at any time without notice to
you.
Any rights not expressly granted herein are reserved.
