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Terms and ConditionsWelcome to the Creative Advertising Direct, an affiliate marketing based service provider that builds professional and highly profitable business connections between Merchants and Affiliates. Creative Advertising Direct Web Site is a service owned and operated by Creative Advertising Direct. By using this Web Site, you submit your acceptance to these Terms and Conditions. Please review the following terms carefully. Should you not agree to these terms and conditions, no right shall be granted to you from Creative Advertising Direct to obtain information from or use this Web Site. Breaching the following terms and conditions may subject you to severe civil and criminal penalties. INTRODUCTION You agree to the terms and conditions outlined in this Terms and Conditions Agreement ("Agreement") with respect to this Web Site (the "Site"). This Agreement constitutes the entire and only agreement between Creative Advertising Direct and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by and/or through the Site, and the subject matter of this Agreement. Creative Advertising Direct reserves the right to, at any time, amend these terms and conditions, including but, not limited to the charges (if any) associated with the use of the site, without specific notice to you and the latest Agreement shall be updated on the Site, and you should review this Agreement prior to each use of the Site. PRIVACY Creative Advertising Direct respects the privacy of our clients and users. We do not sell, distribute, and/or share personal identifying information with outside agencies, groups, companies, and/or individuals. SITE ACCURACY Creative Advertising Direct strives to provide accurate information in both our database listings, as well as information regarding us and other companies discussed on our website and/or other marketing materials, however, we do not guarantee the accuracy of anything contained within the website or listing databases. Any information contained within our business and/or consumer databases that is incorrect may be updated by emailing info@creativeadvertisingdirect.com. All changes will need to be verified prior to updating any records, so please be sure and provide a phone number where a representative/associate can reach you to verify the changes. COPYRIGHT All contents, graphics design, layout design, compilations, magnetic translations, digital conversions and/or any other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but, not limited to intellectual property) rights. Any activities of copying, redistribution, use or publication of any part of the Site, except specifically allowed by Creative Advertising Direct, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Any postings posted by Creative Advertising Direct of information or materials on the Site does not constitute a waiver of any right in such information and materials. Any trademarks found on the Site that does not belong to Creative Advertising Direct are the properties of their respective owners. All contents of Creative Advertising Direct Web Site are: Copyright © 2007 Creative Advertising Direct and/or its suppliers, partners, Merchants, and/or Affiliates. All rights reserved. LIMITED RIGHT TO USE Any viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site only grants you a revocable, non-exclusive license for use solely by you for personal and non-commercial purposes. These are limited to the use as is reasonably required to view or listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player. These are strictly not for any republication, distribution, assignment, sub-license, sale, preparation of derivative works or any other use of the likes. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (strictly not for resale or re-distribution purposes). EDITING, DELETING AND MODIFICATION Creative Advertising Direct reserves the exclusive right in their sole discretion to amend, edit or delete any documents, information or other content appearing on the Site. INDEMNIFICATION You agree to indemnify, defend and hold Creative Advertising Direct, and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Merchants" and "Affiliates") harmless from any liability, loss , claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Site or the Site's services in violation of this Agreement and/or arising from a breach of this Agreement and/or breach of your representations and warranties set forth above. NON-TRANSFERABLE Your right to use the Site is not transferable and any password(s) or right(s) given to you to obtain information or documents from the Site is not transferable. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMMISSION JUNCTION DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. LINKS TO THIRD PARTY SITES The Site may contain links to other Web Sites ("Linked Sites"). Creative Advertising Direct is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. These links are provided for the convenience of some of our members only and inclusion of these links do not imply endorsement by any other of the site and/or any association with its operators. FORWARD STATEMENTS The Site may contain certain statements or information regarding the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; our plans, objectives and/or projections for future operations (this includes those relating to our products or services); our future financial performance; and other projections, estimates or forward statements relating to us. All such statements and information are statements within the meanings of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward statements are based upon, or will be based upon, our judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward statements. For further detail and information concerning such risks and uncertainties, please further consult our reports and other documents and information pertaining to such matters. INFORMATION AND PRESS RELEASES The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Creative Advertising Direct are believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Creative Advertising Direct that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Creative Advertising Direct, are solely those of the author(s) and do not necessarily reflect those of Creative Advertising Direct. MATERIALS PROVIDED TO CREATIVE ADVERTISING DIRECT OR SUBMITTED AT ANY PART OF THE CREATIVE ADVERTISING DIRECT WEB SITE By posting online content to any public area of Creative Advertising Direct, you automatically grant Creative Advertising Direct an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and authorize sublicenses for any future transactions.
By submitting such comments, feedback, information, or materials to us: (i.) You represent and warrant that Creative Advertising Direct's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights; (ii.) You represent and warrant that you have all rights to enter into this agreement; (iii.) We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials as provided/submitted by you. Creative Advertising Direct strictly prohibits the scraping of any email addresses from any part of this Site (including member and non-member areas) and strictly opts out of receiving commercial electronic mail messages to Creative Advertising Direct domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software. Should you have any questions pertaining to this Agreement, please contact Creative Advertising Direct. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE LISTED PROVISIONS CONTAINED HEREIN. |
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