eAdPal.com - Terms of Service
Your use of eAdPal.com (“eAdPal”) software, services, web sites and products (collectively, the “Services”) is subject to the terms of this legally binding agreement (the “Agreement” or, alternatively, the “Terms”), unless it is governed by a separate written agreement, between you and eAdPal, whose principal place of business is in Pleasanton City, California.
Acceptance of Agreement: In order to use the Services, you must first agree to the Terms. You may not use the Service if you do not agree to the Terms. You acknowledge that you accept the Terms by: (1) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for the Services; or (2) by actually using the Services. In this case, you understand that eAdPal will treat your use of the Services as acceptance of the Terms and you acknowledge that your use constitutes such acceptance.
Non-English Translations of this Agreement: If the Terms are made available in any language other than English, you acknowledge that if there is any conflict between a non-English version of the Terms and the English version, the English version of the Terms shall take govern.
Provision of Services by Affiliates: You acknowledge and agree that eAdPal and any of eAdPal’s subsidiaries and affiliated legal entities (“eAdPal”), if any, shall also be entitled to provide the Services to you.
Changes and Limitations of Services: You acknowledge and agree that the form and nature of the Services which eAdPal may change from time to time without notice to you and that the Services, or any features thereof, may even be terminated without notice to you, at eAdPal’s sole discretion. You may stop using the Services at any time without providing notice to eAdPal; however, in the event that you have elected to make use of any services or features utilizing a recurring payment method of billing, you agree to hold eAdPal harmless in the event that you do not terminate such services or features and are billed for them. You similarly acknowledge that it is your responsibility to terminate any such services or features if you no longer want them, using the means identified to you at the time of your purchase of such services or features. You acknowledge and agree that eAdPal may disable your account at any time for any reason, without notice, at its sole discretion. You agree and acknowledge that if eAdPal disables your account, you may be prevented from accessing the Services, your account information, or any other information, files or content associated with your account. You acknowledge and agree that while eAdPal may not currently have any limits on the number of data transmissions (or on the size of such transmissions) or on the amount of storage space used for the provision of any of the Services, that eAdPal may set limits on the foregoing at any time, at eAdPal’s sole discretion. You acknowledge and agree that eAdPal may change or delete your account name, profile information or other data associated with your account (including modifying or deleting any text, photo, video or other content related to your account at its sole discretion) and you hold eAdPal harmless and release eAdPal from any and all liability relating to any change or deletion of such data. You acknowledge and agree that any data deleted by you may persist in eAdPal’s backup data for a reasonable period of time (but will not be available to others).
Your use of the Services: You agree that any information you provide during the registration process for using the Services will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by the Terms and by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by eAdPal unless you have been specifically allowed to do so in a separate agreement with eAdPal. You specifically agree not to access (or attempt to access) any of the Services through any automated means. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with eAdPal, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that eAdPal has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which eAdPal may suffer) of any such breach.
We do our best to keep the Service safe, but we cannot guarantee it. To aid us in making the Services as safe as possible, you agree to the following:
• You will not send or otherwise post unauthorized commercial communications (such as spam).
• You will not engage in unlawful multi-level marketing, such as a pyramid schemes.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any user.
• You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. (Notwithstanding this, you understand that you may be exposed to such content, as set forth under the “Content” provisions of this Agreement, and that in this regard, you use the Services at your own risk).
• You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
• You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”).
• You will not do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack.
• You will not facilitate or encourage any violations of the Terms
• You will not create an account for anyone other than yourself without permission.
• You will not post pictures of other people and represent that they are pictures of yourself (this includes uploading a profile picture of someone else to your own profile).
• If we disable your account, you will not create another one without our permission.
• You will not use your personal profile for your own commercial gain (such as using your profile to sell advertising).
• You will not use the Services if you are under 13.
• You will not use the Services if you are a convicted sex offender.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we
reserve the right to remove or reclaim it if we believe appropriate (such as
when a trademark owner complains about a username that does not closely relate
to a user's actual name).
Your Interactions with Others:
• YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS USING THE SERVICES. YOU UNDERSTAND THAT eAdPal CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS OF THE SERVICES. eAdPal ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF USERS OF THE SERVICES OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. eAdPal MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. eAdPal RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
• IN NO EVENT SHALL eAdPal BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT eAdPal MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICES. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS OF THE SERVICES.
Account Security: You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to eAdPal for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify eAdPal immediately through http://www.eAdPal.com/contact.aspx.
Content: You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to eAdPal (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by eAdPal or by the owners of that Content, in a separate agreement. eAdPal reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, eAdPal may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable. YOU UNDERSTAND THAT BY USING THE SERVICES YOU MAY E EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE AND THAT, IN THIS RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK. You agree that you are solely responsible for (and that eAdPal has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which eAdPal may suffer) by doing so.
Intellectual Property: You acknowledge and agree that eAdPal (or its licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by eAdPal and that you shall not disclose such information without eAdPal’s prior written consent. Unless you have agreed otherwise in writing with eAdPal, nothing in the Terms gives you a right to use any of eAdPal’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with eAdPal, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and any of eAdPal’s brand feature use guidelines as updated from time to time and posted on www.eAdPal.com (or such other URL as eAdPal may provide for this purpose from time to time). Other than the limited license set forth in the Licenses sections in the next two paragraphs, eAdPal acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with eAdPal, you agree that you are responsible for protecting and enforcing those rights and that Google has n obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by eAdPal , you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Licenses from eAdPal: eAdPal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by eAdPal as part of the Services as provided to you by eAdPal (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by eAdPal, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by eAdPal, in writing. Unless eAdPal has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Licenses from You: You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give eAdPala perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling eAdPal to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. You agree that this license includes a right for eAdPal to make such Content available to other companies, organizations or individuals with whom eAdPal has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that eAdPal, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit eAdPal to take these actions. You confirm and warrant to eAdPal that you have all the rights, power and authority necessary to grant the above license.
Information Sharing: When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your written agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information, it means that you are allowing everyone, including people that are not users of the Services, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Software Updates: The Software which you use may automatically download and install updates from time to time from eAdPal. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit eAdPal to deliver these to you) as part of your use of the Services.
Termination of Services: The Terms will continue to apply until terminated by either you or eAdPal as set out below. If you want to terminate your legal agreement with eAdPal, you may do so by (a) notifying eAdPal at any time at http://www.eAdPal.com/contact.aspx and (b) closing your accounts for all of the Services which you use, where eAdPal has made this option available to you. eAdPal may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) eAdPal is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom eAdPal offered the Services to you has terminated its relationship with eAdPal or ceased to offer the Services to you; or (D) eAdPal is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by eAdPal is, in eAdPal’s opinion, no longer commercially viable. Nothing in this Section shall affect eAdPal’s rights regarding changing or limiting provision of Services as set forth elsewhere in the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and eAdPal have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the Terms shall continue to be governed by the laws of the State of California and shall apply to such rights, obligations and liabilities indefinitely.
Exclusion of Warrantees:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT eAdPal’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, eAdPal, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eAdPal OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
eAdPal FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability:
SUBJECT TO OVERALL PROVISION IN THE “EXCLUSION OF WARANTEES” SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT eAdPal, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH eAdPal MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE eAdPal WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT eAdPal HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies: It is eAdPal’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Advertisements: Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by eAdPal on the Services are subject to change without specific notice to you. In consideration for eAdPal granting you access to and use of the Services, you agree that eAdPal may place such advertising on the Services.