| By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions: Acceptable Site Use
General Rules: Users may not use the Web Site in
order to transmit, distribute, store or destroy material (a) in
violation of any applicable law or regulation, (b) in a manner that
will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is
defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules
Users are prohibited from violating or attempting
to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the Web Site, overloading, "flooding", "spamming",
"mail-bombing" or "crashing", (d) sending unsolicited e-mail,
including promotions and/or advertising of products or services, or
(e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system
or network security may result in civil or criminal liability.
The Company will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in
such violations.
User Information
When you register for the Web Site, you will be
asked to provide the Company with certain information including,
without limitation, a valid email address (your "Information"). In
addition to the terms and conditions that may be set forth in any
privacy policy on this Web Site, you understand and agree that the
Company may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration
application. The Company will not disclose to any third party your
name, address, e-mail address or telephone number without your prior
consent, except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such information
is relevant. The Company reserves the right to offer third party
services and products to you based on the preferences that you
identify in your registration and at any time thereafter; such
offers may be made by the Company or by third parties. Please see
the Company's Privacy Policy for further details regarding your
Information.
Registration and Password
You are responsible for maintaining the
confidentiality of your information and password. You shall be
responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify the Company of
any unauthorized use of your registration or password.
License you Grant to Discreet Banner Exchange
The Company does not claim ownership of the
materials you provide to the Company (including feedback and
suggestions) or post, upload, input or submit in connection with
your use of Cherry Banner Exchange
or any Banner ("Your Banner") created by you or on your behalf in
connection with the use of
Cherry Banner Exchange (collectively "Submissions"). However,
you grant the Company a royalty-free license to use (including,
without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate,
sublicense and reformat your Submission, and to publish your name in
connection with your Submission) your Submission only in connection
with the operation and promotion of
Cherry Banner Exchange. You also grant the Company the right
to publish your name in connection with any such communication. No
compensation will be paid or due you with respect to the Company's
or its sub-licensee's use of the materials as licensed above. The
Company is under no obligation to post or use any materials you may
provide, and may remove such materials at any time in the Company's
sole discretion. By posting messages, uploading files, inputting
data, submitting any feedback or suggestions, or engaging in any
other form of communication with or through any
Cherry Banner Exchange Web Site,
you warrant and represent that you own or otherwise control the
rights necessary to do so and to grant the Company the license set
forth above, and you will defend and indemnify the Company and its
suppliers from any third party claim related to a breach of any of
the foregoing representations or warranties.
Requirements for Cherry Banner Exchange Advertisers and Strategic Partners
The following applies to Advertisers and
Strategic Partners. The Company is not responsible or liable for the
content of any web site of any Advertisers and Strategic Partners.
You agree to release, and defend, indemnify and hold the Company and
it suppliers harmless, from any dispute or action arising from or
related to your dealings with an Advertiser or
Cherry Banner Exchange Strategic Partner.
Cherry Banner Exchange
Advertising Banner Network
The Company reserves the right to verify, through
any means, the placement and correctness of the
Cherry Banner Exchange Ad Network
HTML code provided to you in connection with your participation in
the Ad Network, and you hereby grant the Company the right to access
your banner and web site in connection with this purpose. All
Cherry Banner Exchange Ad Network
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 banner ad displayed via the HTML code. The Company reserves the
right to deactivate accounts, with or without notice:
(a) that display an inordinate number of banners
for or links to competing banner exchange services;
(b) that contain little or no original content;
(c) if Cherry Banner Exchange Ad
Network HTML code appears on an inordinate number of
dynamically-generated pages; or,
(d) for any violation of the items listed below or elsewhere in
these terms and notices.
In addition, you may not use the products or
services provided through or in connection with the
Cherry Banner Exchange to:
a. defame, abuse, harass, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others;
b. conduct or forward illegal contests, pyramid schemes or chain
letters;
c. publish, post, distribute, disseminate or link to any:
(i) inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information;
(ii) software or other material protected by intellectual property
laws, rights of privacy or publicity, or other proprietary rights,
unless you own, control such rights or have received all necessary
consents for your use of such software and other materials;
(iii) software or other material that contains viruses, corrupted
files, or 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);
d. sell, distribute, disseminate or link to any sites for marketing,
sales or distribution of: firearms, explosives, ammunition, liquor,
tobacco products, food that is not packaged or does not comply with
all applicable laws for sale to consumers by commercial merchants,
pharmaceuticals and controlled substances, counterfeit, pirated or
stolen goods, any goods or services that infringe or otherwise
violate a third party's rights, registered or unregistered
securities, goods or services that (i) you cannot legally sell, (ii)
are misrepresented, and/or (iii) if sold via the Site Manager or
Your Web Site would cause
Cherry Banner Exchange to violate any law, statute or
regulation;
e. harvest or otherwise collect information about third parties,
including e-mail addresses, without the express consent of such
third parties;
f. restrict or inhibit any other user from using and enjoying its
rights in Cherry Banner Exchange;
or g. violate any applicable governmental laws or regulations.
You acknowledge and agree that your web site
information (name, URL, traffic counts, etc.) may be utilized by the
Company and disclosed to third parties (e.g., lists of the busiest
sites, lists of member sites, etc.). You agree to allow the Company
to use screen shots of any web page that contains
Cherry Banner Exchange Ad Network
HTML code in Cherry Banner Exchange
promotional materials, and represent and warrant that you have the
authority sufficient to grant the foregoing rights.
You agree that the Company reserves the right to
remove your banner ad and website from the service, at any time,
without notice, for a violation of these guidelines or for any other
reason.
Banner Content
Banner content must comply with the
Cherry Banner Exchange banner
guidelines. All decisions regarding the appropriateness of banners
will be made by the Cherry Banner Exchange.
Links to Other Sites
The Web Site contains links to third party web
sites. These links are provided solely as a convenience to you and
not as an endorsement by the Company of the contents on such
third-party Web Sites. The Company is not responsible for the
content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on
such third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
Software and Other Resources
You acknowledge that the links set forth the
Library and other sections of the Web Site are provided solely for
your convenience, and are links to third party sites for which the
Company is not responsible. The Company is not responsible or liable
for any content or advice set forth on or received through such
linked third party sites, and you acknowledge that your use of these
linked sites may be subject to different terms of use than apply to
the Cherry Banner Exchange.
Access Restriction
The Company reserves the right to deny, in its
sole discretion, any user access to
Cherry Banner Exchange 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 the Company and for
any use or misuse of your account on
Cherry Banner Exchange resulting from any third party using
a password or user name issued to you.
Termination
The Company reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not
limited to deletion of your postings from this Web Site and
immediate termination of your registration with or ability to access
the Web Site and/or any other service provided to you by the
Company, upon any breach by you of these Terms and Conditions or if
the Company is unable to verify or authenticate any information you
submit to the Web Site registration with or ability to access the
Web Site.
Indemnity
You agree to defend, indemnify, and hold harmless
the Company, its officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Material or your breach of the terms of these Terms
and Conditions. The Company shall provide notice to you promptly of
any such claim, suit, or proceeding and shall assist you, at your
expense, in defending any such claim, suit or proceeding.
Additional Terms of Use
Certain areas of this Web Site may be subject to
additional terms of use. By using such areas, or any part thereof,
you agree to be bound by the additional terms of use applicable to
such areas. |
