ATTADVERTISING.COM TERMS OF USE
Welcome to ATTADVERTISING.COM, which is provided by WHO SUCKS? (either we or us). These TERMS OF USE govern your use of the websites, content and services offered through ATTADVERTISING.COM (collectively, hereafter known as WHO SUCKS?).
YOUR AFFIRMATIVE ACT OF USING ATTADVERTISING.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE WHO SUCKS? NETWORK PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE ATTADVERTISING.COM.
1. CHANGES TO THE TERMS OF USE
We may change these TERMS OF USE at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom center of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use ATTADVERTISING.COM after we post changes to these TERMS OF USE, you are signifying your acceptance of the new terms.
2. REGISTERED USERS
Certain enhanced services are available only to registered users of the WHO SUCKS? Network and require you to provide certain personal information to use them. Your use of these enhanced services as a registered user of the WHO SUCKS? Network will be subject to the WHO SUCKS? Network Registered User Terms of Service. You will be given the opportunity to join the WHO SUCKS? Network when you sign up for any enhanced service that requires registration.
3. ADDITIONAL TERMS
Certain areas of ATTADVERTISING.COM may include usage guidelines and rules that will supplement these TERMS OF USE. By using those services on ATTADVERTISING.COM, you agree to comply with such guidelines and rules.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning ATTADVERTISING.COM electronically. We will post the notices on the home page of ATTADVERTISING.COM or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of ATTADVERTISING.COM.
5. PRIVACY POLICY
The WHO SUCKS? Network Privacy Policy explains the practices that apply to your information when you use ATTADVERTISING.COM. Your ongoing use of ATTADVERTISING.COM signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located at the bottom of every page of ATTADVERTISING.COM.
6. CHANGES TO ATTADVERTISING.COM
We may discontinue or change any service or feature on ATTADVERTISING.COM at any time and without notice.
7. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use ATTADVERTISING.COM. If you access ATTADVERTISING.COM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access ATTADVERTISING.COM through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access ATTADVERTISING.COM through any wired, wireless or other communication service.
8. YOUR RESPONSIBILITIES
You may use ATTADVERTISING.COM for lawful purposes only. You may not submit or transmit through ATTADVERTISING.COM any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including WHO SUCKS? and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these TERMS OF USE, guidelines or any policy posted on ATTADVERTISING.COM, or
8. interferes with the use of ATTADVERTISING.COM by others.
You may not use ATTADVERTISING.COM in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of ATTADVERTISING.COM. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these TERMS OF USE.
9. NO SPAM
You may not use ATTADVERTISING.COM or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and web forms). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use ATTADVERTISING.COM to violate the terms of this section. We may terminate your access or use of ATTADVERTISING.COM immediately and take any other legal action if you, or anyone using your access to ATTADVERTISING.COM, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
10. PROPRIETARY RIGHTS
We, our suppliers, and our users who lawfully post text, messages, information, images, audio and video ("Content") on ATTADVERTISING.COM own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on ATTADVERTISING.COM are our trademarks.
11. LICENSE TO USE ATTADVERTISING.COM
You may use ATTADVERTISING.COM and the Content offered on ATTADVERTISING.COM only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos, videos and music for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of ATTADVERTISING.COM or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Visit our Copyright Agent page for information on how you can request permission to reproduce certain Content from ATTADVERTISING.COM.
12. CONTENT YOU POST TO PUBLIC AREAS
Certain areas of ATTADVERTISING.COM may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on ATTADVERTISING.COM that you created or that you have permission to post. You may not post Content that violates these TERMS OF USE. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of ATTADVERTISING.COM, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
13. NO DUTY TO MONITOR
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on ATTADVERTISING.COM in a way that constitutes copyright infringement, please follow the instructions on how to contact our Copyright Agent to report possible copyright infringement.
15. THIRD PARTY SITES; ADVERTISERS
ATTADVERTISING.COM may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on ATTADVERTISING.COM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
16. DISCLAIMER OF WARRANTIES
We provide ATTADVERTISING.COM as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about ATTADVERTISING.COM. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM IMPLIED WARRANTIES THAT ATTADVERTISING.COM AND ALL CONTENT AND SERVICES DISTRIBUTED THROUGH ATTADVERTISING.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT ATTADVERTISING.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ATTADVERTISING.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE ATTADVERTISING.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A WHO SUCKS? REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
17. LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY REGARDING ANY CONTENT PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH CONTENT FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF ATTADVERTISING.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR AFFILIATES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF ATTADVERTISING.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON ATTADVERTISING.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
18. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of ATTADVERTISING.COM. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. INTERNATIONAL USE
We make no representation that Content on ATTADVERTISING.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access ATTADVERTISING.COM from a location outside the U.S., you do so of your own initiative and you are responsible for compliance with local laws.
20. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas' conflict of laws or rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
21. SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on ATTADVERTISING.COM constitute the entire agreement between you and us and supersedes any and all previous written or oral agreements. If any part of these TERMS OF USEis held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
22. TERMINATION
Your right to use ATTADVERTISING.COM automatically terminates if you violate these TERMS OF USE or any rules or guidelines posted in connection with ATTADVERTISING.COM. We also reserve the right, in our sole discretion, to terminate your access to all or part of ATTADVERTISING.COM, for any reason, with or without notice.
