Viral List Mailer Website Agreement
The Viral List Mailer website (the "Site") is an online information service provided by Viral List Mailer ("Viral List Mailer"), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Viral List Mailer MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Viral List Mailer, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Viral List Mailer a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Viral List Mailer by all means and in any media now known or hereafter developed. You also grant to Viral List Mailer the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Viral List Mailer for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Viral List Mailer.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Viral List Mailer. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Viral List Mailer, Viral List Mailer does not operate, control or endorse any information, products or services on the Internet in any way. Except for Viral List Mailer-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Viral List Mailer.
You also understand that Viral List Mailer cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You agree not to promote anything illegal, unethical, or potentially offensive through Viral List Mailer via use of the links, ads, emails, or any other way.
You agree not to directly or indirectly circumvent, tamper with or defeat the intent, purpose and/or functionality of Viral List Mailer. The intent of the Site is for you to earn credits when your ads are seen by legitimate Site visitors. As such, you agree not to use techniques to generate credits fraudulently.
You also understand that you may receive emails with promotional offers from both the administrators of the Site and other members.
You understand that violation of these terms can be cause for immediate termination of your account.
4. Limitation of Liability.
IN NO EVENT WILL Viral List Mailer BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Viral List Mailer OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Viral List Mailer LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Viral List Mailer PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Viral List Mailer SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. Viral List Mailer DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Viral List Mailer HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Viral List Mailer makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-Viral List Mailer website, please understand that it is independent from Viral List Mailer, and that Viral List Mailer has no control over the content on that website. In addition, a link to a non-Viral List Mailer website does not mean that Viral List Mailer endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless Viral List Mailer, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
6. Third-Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Viral List Mailer and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term & Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Trademarks), 3 (Use of the Site), 5 (Indemnification), 6 (Third-Party Rights), 9 (Earnings Disclaimer & Forward-Looking Statements) and 10 (Miscellaneous) shall survive any termination of this Agreement.
8. Compensation & Affiliation Affidavit.
As per mandates from the Federal Trade Commission, 16 CFR Part 255 — Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this paragraph is to establish the possible compensatory affiliation with Viral List Mailer and any testimonialists or endorsers found on various Site pages. Any or all endorsements from testimonialists used in our promotional materials may be affiliated with Viral List Mailer as marketing affiliates and therefore might have an established connection with Viral List Mailer in the form of commissions paid on sales resulting from referrals from those testimonialists that might lead some readers to believe that the testimonial reviews on the pages of Viral List Mailer products might be biased. However, the reviews and comments on the pages of this Site are to the best of our knowledge the true statements and beliefs of the endorsement givers and any claims made on the pages of this Site can be substantiated upon request. Some of the testimonialists whose endorsements were used in promotion of Viral List Mailer products have received complimentary promotional copies of Viral List Mailer products for the purposes of reviewing Viral List Mailer products to help generate endorsement-type testimonials.
9. Earnings Disclaimer & Forward-Looking Statements.
Every effort has been made to accurately represent Viral List Mailer products and their potential. However, there is no guarantee that you will earn any money using Viral List Mailer products, the techniques or ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings in any way. Earning potential is entirely dependent on the person using the products, ideas and techniques and we do not purport this as a “get rich scheme”. Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, previous knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in the product and on the Site may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. Such forward-looking statements use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe”, and other such words and terms of similar meaning in connection with a description of potential earnings or financial performance. Your results may vary from ours and those of anyone else who is, or will be using these products, techniques, and/or services. Any and all forward-looking statements here or in any of our sales materials are intended to express our opinion of earnings potential, not actual earnings expected. Many factors will be important in determining your actual results and no guarantees are made, expressed or implied that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material at all.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Viral List Mailer and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Viral List Mailer's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Viral List Mailer may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
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