This
Agreement sets forth the Standard Terms and Conditions
that apply to use of the Internet Marketer's Ad Space
web site (referred to as: imadspace.com).YOUR USE OF
THE IMADSPACE.COM SERVICES INDICATES YOUR AGREEMENT TO
BE BOUND BY THESE TERMS OF SERVICE.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of
Service, and abide by them if you choose to use the
site, or accept the services or benefits, to which such
terms apply.MEMBER CONDUCT
You agree to abide by all applicable local, state,
national and international laws and regulations
regarding your use of our service.
You agree not to place ads for products/services on
imadspace.com which are inappropriate for the business
sector (Internet Marketing) it covers. You agree
not to place any ads on the site which involve illegal
activities or practices of any type. You further
agree to not place ads which contain slanderous
comments. Ads for any of the following are specifically
PROHIBITED from being posted:
- adult content
- gambling sites
- any type of pyramid or ponzi scheme
- sites promoting "Randomizer" type programs
- chain letters or similar schemes
- so-called "Pay-to-Promote" (PTP) programs
- ads for bogus products
- ads which include illegal activity of any type
Any ad posted which violate the TOS will be deleted and
your account may be closed without warning.
You agree not to place ads that violate our spam
policy for ad placing.
SERVICE
Imadspace.com reserves the right to remove any listings
or advertisements for any reason at our sole discretion.
MEMBERSHIP ELIGIBILITY
Our services are only available to individuals who can
form legally binding contracts under applicable law. Our
services are only available to minors under the
supervision of the minor's parent/legal guardian. By
using this site you warrant that you are at least
eighteen (18) years of age.
Your account and User ID may not be transferred or
sold to another party. You agree that, with respect to
other users' personally identifiable information that
you obtain through the Site or through a imadspace.com
related communication or imadspace.com-facilitated
transaction, imadspace.com hereby grants to you a
license to use such information only for imadspace.com
related communications that are not unsolicited
commercial messages and for completing the transaction
in question.
You warrant that the information you provide to us is
complete, valid and honest. If you provide any
information that is untrue, not current or incomplete,
or imadspace.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or
incomplete, imadspace.com has the right to refuse any
and all current or future use of the imadspace.com (or
any portion thereof) by you.
You may only upload content that belongs solely to
you. You agree that you will not upload any content that
is in violation of any rights based on copyright or
trademark.
PAYMENT
Payments for purchases will be made by the Consumer
directly to the Seller. Imadspace.com is not involved in
the payment transaction between Consumer and Seller.
Imadspace.com is not responsible for setting payment
terms, collecting or ensuring payments. The parties need
to reach an agreement on the pricing and the payment
terms prior to the finalization of the transaction.
RELEASE
Imadspace.com is not involved in the actual transaction
between the parties. As a result, imadspace.com has no
control over the quality, safety or legality of the
goods, services or transaction. Imadspace.com has no
control over payments made by the Consumer to the
Seller. We cannot ensure that a transaction will
actually be completed. Imadspace.com cannot and does not
confirm each user's purported identity. Any agreements
are solely between the Consumer and the Seller. In the
event that you have a dispute with one or more users,
you release imadspace.com (and our officers, directors,
agents, subsidiaries and employees) from claims, demands
and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are unsure about
your purchase or sale, you are advised to seek the
advice of competent legal counsel before you sign a
contract or otherwise finalize the transaction.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages
and the consequences of any such messages. You agree
that you will not use imadspace.com for chain letters,
junk mail, "spamming", solicitations (commercial or
noncommercial) or any use of distribution lists to any
person who has not given specific permission to be
included in such a process. You further agree not to use
imadspace.com to send any messages or material that are
unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise constitute a
criminal offense, give rise to civil liability or
otherwise objectionable material of any kind or nature
or that encourages conduct that could constitute a
criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national
or international law or regulation. Imadspace.com
reserves the right to terminate User's account if it
becomes aware and determines, in its sole discretion,
that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality
of your account name and password. You are solely
responsible for all uses of your account, whether or not
authorized by you. You agree to immediately notify us of
any unauthorized use of your account.
LINKS
The links on imadspace.com may let you leave the
imadspace.com Web Site. You acknowledge that the linked
sites are not under the control of imadspace.com and
imadspace.com is not responsible for the contents or
operation of any linked site or any link contained in a
linked site, or any changes or any updates of such
sites. Imadspace.com is not responsible for web casting
or any other form of transmission received from any
linked site. Imadspace.com is providing these links to
you only as a convenience, and the inclusion of any link
does not imply endorsement by imadspace.com of the
linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the imadspace.com Web Site
you warrant to imadspace.com that you will not use the
imadspace.com Web Site for any unlawful purpose.
RIGHTS GRANTED TO IMADSPACE.COM
By posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in
any other form of communication with or through the
imadspace.com Web Site, you warrant and represent that
you own or otherwise control the rights necessary to do
so and to grant imadspace.com the licenses set forth
below. You hereby grant imadspace.com and its affiliated
companies permission to:
1. Use, modify, copy, distribute, transmit, publicly
display, publicly perform, reproduce, publish,
sub-license, create derivative works from, transfer, or
sell any such communication.2. Sub-license to third
parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the
communication.
3. Publish your name in connection with any such
communication.
The foregoing grants shall include the right to
exploit any intellectual property or proprietary rights
in such communication, including but not limited to
rights under copyright, trademark, service mark, or
patent laws under any relevant jurisdiction. No
compensation will be paid or due you with respect to
imadspace.com or its sub- licensee's use of the
materials contained within such communication.
Imadspace.com is under no obligation to post or use any
materials you may provide, and may remove such materials
at any time at imadspace.com's sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed
as creating any agency, legal representative,
partnership, or other form of joint enterprise between
the parties. Neither party shall have authority to
contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE IMADSPACE.COM SERVICE PROVIDED IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. IMADSPACE.COM
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT
THE IMADSPACE.COM SERVICE WILL BE ERROR-FREE, TIMELY,
SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY IMADSPACE.COM, ITS EMPLOYEES,
LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU
RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
IMADSPACE.COM, OR ITS AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
THE IMADSPACE.COM SERVICE, INCLUDING BUT NOT LIMITED TO
RELIANCE ON ANY INFORMATION OBTAINED ON THE
IMADSPACE.COM SERVICE; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATION FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES.
THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION
WILL APPLY WHETHER OR NOT IMADSPACE.COM IS GIVEN NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS
PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR
SERVICES AVAILABLE FROM AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO
YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO FIVE HUNDRED DOLLARS ($500).
THE TERMS OF THIS SECTION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the imadspace.com Web Site are
proprietary to imadspace.com, and/or its suppliers and
are protected under international Copyright and
Trademark law. All rights are reserved. Imadspace.com
reserves any rights not expressly granted herein.
PROMOTIONAL MESSAGES
Imadspace.com may, from time to time, send e-mail
messages to Users regarding Users account. Imadspace.com
will not, however, provide your e-mail address to third
parties, nor send you promotional messages regarding
third party services not directly related to
imadspace.com.
REFUND POLICY
Because purchased services and subscriptions for the use
of imadspace.com are delivered and you have the use and
receive the benefits of said services instantly, all
payments are final and refunds cannot be granted.
FORCE MAJEURE
If by reason of failures of telecommunications or
internet service providers, labor disputes, riots,
inability to obtain labor or materials, earthquake, fire
or other action of the elements, accidents, governmental
restrictions or other causes beyond the control of
USFreeads, USFreeads is unable to perform in whole or in
part its obligations as set forth in this Agreement,
then USFreeads shall be relieved of those obligations to
the extent it is so unable to perform and such inability
to perform shall not make imadspace.com liable to the
User.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision
shall be deemed to be written, construed, and enforced
as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely -
confidentiality/non-disclosure, warranty,
indemnification, liability and limits thereon, rights
and obligations upon and following termination and
assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless imadspace.com against
any and all claims, losses, liability costs and expenses
(including but not limited to reasonable attorneys'
fees) arising from your violation of these Terms and
Conditions or any third-party's rights, (including,
without limitation, infringement of any copyright
trademark, service mark, trade secrets, right of privacy
or publicity or any other third party right). The terms
of this section shall survive the termination of your
relationship with imadspace.com.
HEADINGS
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such action.
ASSIGNMENT
In the event of a merger or consolidation of imadspace.com, the
surviving or new corporation and any subsidiaries are
similarly subject to the rights and obligations of this
Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the
complete and exclusive statement of the Agreement
between the parties regarding the products and services
provided hereunder, and supercedes any prior Agreements
between the parties with respect thereto.
MODIFICATION OF TERMS
Imadspace.com reserves the right to modify this policy at any time and
without advance notice, effective upon making the
modified provisions available on the imadspace.com Web
Site. You are responsible for regularly reviewing these
documents. Continued use of the imadspace.com Web Site
after any such changes shall constitute your consent to
such changes. Imadspace.com does not and will not assume
any obligation to notify you of any changes to the Terms
of Service.