Terms of Participation :: Adverwise.com

1. ACCEPTANCE OF TERMS
Adverwise.com. ("Adverwise") welcomes you. Adverwise provides its service to you subject to the following Terms of Participation ("TOP"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOP at any time on Adverwise.com�s website. In addition, when using particular Adverwise owned or operated services, you and Adverwise shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOP.

2. DESCRIPTION OF PARTICIPATION
You understand and agree that Participation may include advertisements and that these advertisements are necessary for Adverwise to operate. You also understand and agree that Participation may include certain communications from Adverwise, such as service announcements, administrative messages and the Adverwise Newsletter, and that these communications are considered part of Adverwise membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Participation, including the release of new Adverwise properties, shall be subject to the TOP. You understand and agree that the site is provided "AS-IS" and that Adverwise assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the site.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use and Participation, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Statesor other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Contact Information") and (b) maintain and promptly update the Contact Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Adverwise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adverwise has the right to suspend or terminate your account and refuse any and all current or future use of Participation (or any portion thereof ).

4. ADVERWISE PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, view our full privacy policy on our website. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Adverwise and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Adverwise of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Adverwise cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Adverwise, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the site. Adverwise does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Adverwise be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the internet.You agree to not use the Site to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Adverwise official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.    Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. Upload, post, email, transmit or otherwise make available any material 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;
i.    Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.    Interfere with or disrupt the service or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l.    Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m.    "Stalk" or otherwise harass another; and/or
n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m, above.You acknowledge that Adverwise may or may not pre-screen Content, but that Adverwise and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the site. Without limiting the foregoing, Adverwise and its designees shall have the right to remove any Content that violates the TOP or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Adverwise or submitted to Adverwise. You acknowledge, consent and agree that Adverwise may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOP; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Adverwise, its users and the public.You understand that the technical processing and transmission of the site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You understand that the site and software embodied within the site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Adverwise and/or content providers who provide content to the site. You may not attempt to override or circumvent any of the usage rules embedded into the site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the site, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS ON ADVERWISE NETWORK
When you register with Adverwise, you acknowledge that in using Adverwise services to send electronic communications (including but not limited to email, search queries, sending messages to advertisers, uploading photos, and files to the Adverwise site, you will be causing communications to be sent through Adverwise's computer networks. As a result, and also as a result of Adverwises network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Particpation, you acknowledge that use of the site results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEAdverwise does not claim ownership of Content you submit or make available for inclusion on the site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the site, you grant Adverwise the following worldwide, royalty-free and non-exclusive license(s), as applicable:
*    With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the site and will terminate at the time you remove or Adverwise removes such Content from the site.
*    With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed."Publicly accessible" areas of the site are those areas of the Adverwise network of properties that are intended by Adverwise to be available to the general public, Adverwise services intended for private communication such as Adverwise Mail or areas off of the Adverwise network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Adverwise.

10. INDEMNITY
You agree to indemnify and hold Adverwise and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the site, your use of the site, your connection to the site, your violation of the TOP, or your violation of any rights of another.

11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Adverwise may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that uploaded Content will be retained by the site, the maximum disk space that will be allotted on Adverwise's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that Adverwise has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the site. You acknowledge that Adverwise reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Adverwise reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO SERVICE
Adverwise reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that Adverwise shall not be liable to you or to any third party for any modification, suspension or discontinuance of participation.

14. TERMINATION
You agree that Adverwise may, under certain circumstances and without prior notice, immediately terminate your Adverwise account, any associated email address, and access to the site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOP or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services offered. Termination of your Adverwise account includes removal of access to all offerings within the site, including but not limited to deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the site. Further, you agree that all terminations for cause shall be made in Adverwise's sole discretion and that Adverwise shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the site.

15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Adverwise shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Adverwise has no control over such sites and resources, you acknowledge and agree that Adverwise is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Adverwise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. ADVERWISE'S PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Adverwise or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site or the Software, in whole or in part.You agree not to access the site by any means other than through the interface that is provided by Adverwise for use in accessing the site.

18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A.    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVERWISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ADVERWISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVERWISE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOP.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVERWISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVERWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the SITE concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The SITE is provided for informational purposes only, and no Content included in the SITE is intended for trading or investing purposes. Adverwise and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the SITE, and shall not be responsible or liable for any trading or investment decisions based on such information.

22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOP, there shall be no third-party beneficiaries to this agreement.

23. NOTICE
Adverwise may provide you with notices, including those regarding changes to the TOP, by email, regular mail or postings on the Site.

24. TRADEMARK INFORMATION
The ADVERWISE, Adverwise logo, Advertise with Adverwise!, trademarks and service marks and other Adverwise logos and product and service names are trademarks of Adverwise Inc. (the "Adverwise Marks"). Without Adverwise's prior permission, you agree not to display or use in any manner the Adverwise Marks.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Adverwise respects the intellectual property of others, and we ask our users to do the same. Adverwise may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide Adverwise the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.Adverwise's for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Adverwise.com.P.O. Box 301Conway, AR 72033
By phone: (501) 505-0505
By email: custservt@adverwise.com

26. GENERAL INFORMATION
Entire Agreement. The TOP constitutes the entire agreement between you and Adverwise and governs your use of the Site, superseding any prior agreements between you and Adverwise with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Adverwise site, affiliate services, third-party content or third-party software.Choice of Law and Forum. The TOP and the relationship between you and Adverwise shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Adverwise agree to submit to the personal and exclusive jurisdiction of the courts located within the county of State of Delaware .Waiver and Severability of Terms. The failure of Adverwise to exercise or enforce any right or provision of the TOP shall not constitute a waiver of such right or provision. If any provision of the TOP 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 TOP remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Adverwise account is non-transferable and any rights to your content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.Statute of Limitations. 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 Site or the TOP must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOP are for convenience only and have no legal or contractual effect.

27. VIOLATIONS
Please report any violations of the TOP to our Customer Care group.