Privacy Policy
Certain functionality on our site, including registration form(s), opt-in form(s),
and various program form(s), require you to give us contact information. This contact
information including name, e-mail address, etc. is used for the benefit of all
so that we may communicate important information about our services and your account.
Individual users may opt-out of receiving specific mailings by selecting appropriate
boxes throughout our Web site. Unless otherwise agreed to by electronic signature,
information about you is not shared with outside organizations or sold to any other
3rd parties. Although we deploy leading technology to protect against
misuse of your information and encourage our business partners and affiliates to
maintain the highest standards we do not have control over information not directly
relating to our site.
We may use other third-party advertising companies to serve ads when you visit our
site. These companies may use information (not including your name, address, e-mail
address or telephone number) about your visits to this and other web sites in order
to provide advertisements on this site and other sites about goods and services
that may be of interest to you.
TrafficMedia.com uses reasonable efforts not to collect, use or disclose individually
identifiable information from children under the age of 13. The Services are not
targeted at children, and children may not register for any portions of the Services
that require registration. Please check with those sites to determine their privacy
policy.
If you have any questions about our site, this privacy policy, or our general procedures,
please contact:
TrafficMedia.com
Attn: Client Services
PO BOX 120
Livingston, NJ 07039-0120
E-mail: support@trafficmedia.com
Disclaimer
This web page, and the other pages of TrafficMedia, are provided by the company
as a service to the public. It is hoped that the information provided here will
be helpful to readers in familiarizing themselves with the concept of domain names
and the relation they have to intellectual property issues and how these issues
may affect them. As legal advice must be tailored to the specific circumstances
of each case, nothing provided herein should be used as a substitute for the advice
of competent counsel. In addition, be aware that intellectual property law varies
considerably from jurisdiction to jurisdiction. Therefore, some information in these
web pages may not be correct as it pertains to your jurisdiction.
Information on this web site may contain inaccuracies or typographical errors. Information
may be changed or updated without notice. This website does not constitute an offer
or contract.
As a service to you, we may provide links to other web sites that we feel have relevant
content. However, we make no representations whatsoever about other web sites that
you may access through this one. When you access a non-TrafficMedia web site, please
understand that it is independent from TrafficMedia, and that TrafficMedia has no
control over the content on that web site. In addition, a link to a non-TrafficMedia
web site does not mean that TrafficMedia endorses or accepts any responsibility
for the content, use or products and services made available through such web site.
Domain name owner represents and warrants that, to the best of its knowledge, each
domain name it elects to park with TrafficMedia does not violate the trademark,
copyright and patent rights of any party in connection with the goods and/or services
advertised on TrafficMedia in connection with the parked domain name. Domain name
owner is responsible for conducting a trademark search (and other legal searches)
concerning each domain name parked with TrafficMedia, and is responsible for advising
TrafficMedia of any products or services that should not be advertised in connection
with any domain name because such products or services are covered by a trademark
or service mark, whether registered or common law. Domain name owner agrees to indemnify,
defend and hold harmless TrafficMedia for any claims made by any party alleging
that a domain name parked with TrafficMedia constitutes a trademark violation.
IN NO EVENT WILL TRAFFICMEDIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL
OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Search and other Services are provided “AS IS” WITHOUT ANY WARRANTY OF ANY KIND
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. TRAFFICMEDIA DOES NOT WARRANT THAT THE SEARCH AND OTHER
SERVICES OR TRAFFICMEDIA SITE(S) ARE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT
INTERRUPTION, OR WITH RESPECT TO THEIR QUALITY, RELIABILITY, TIMELINESS OR SECURITY.
AFFILIATE AGREES THAT TRAFFICMEDIA IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY
FOR HARDWARE, SOFTWARE, OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY OTHER PARTY
OR NOT WITHIN THE REASONABLE CONTROL OF TRAFFICMEDIA.
EXCEPT FOR A BREACH IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM
SUCH PARTY’S PERFORMANCE OR NON-PERFORMANCE UNDER ANY PROVISION OF THE AGREEMENT
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS,
OR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR PRODUCT OF ANY KIND,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EITHER
PARTY UNDER THE AGREEMENT SHALL NOT FOR ANY CLAIM OR SERIES OF CLAIMS EXCEED THE
AMOUNT PAYABLE BY TRAFFICMEDIA TO AFFILIATE DURING THE SIX (6) MONTH PERIOD ENDING
ON THE DATE THE CAUSE OF ACTION ACCRUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
THE LIMITATIONS SET FORTH IN THIS SECTION DO NOT APPLY WITH RESPECT TO THE INDEMNIFICATION
OBLIGATIONS OF EITHER PARTY UNDER THE AGREEMENT, OR TO A BREACH BY A PARTY OF ITS
CONFIDENTIALITY OBLIGATIONS, OR TO A CLAIM ARISING OUT OF THE FAILURE OF A PARTY
TO ABIDE BY ANY LICENSE RESTRICTIONS.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
Terms of Agreement
This Agreement shall govern participation in the TrafficMedia.com program (the "Program").
By participating in the Program, you are agreeing to be bound by these Terms of
Service. The term 'Affiliate' shall refer to any individual or entity who accepts
the terms and conditions of this Agreement by submitting the Program registration
information and checking the "I Agree" checkbox. The Program is offered
to you by TrafficMedia.com.
Payment
Payment The Program will pay Affiliate a commission earned for each approved click
on Program textlink or searchbox. Affiliate will be paid via check or services of
Paypal.com in U.S. currency only, about five business days (5) after TrafficMedia
receives from its PPC partners commissions earned during the prior month less any
amount the Program determines, in its sole discretion, was not validly earned from
proper use of the Affiliate's website. No checks will be issued for any amount less
than twenty-five dollars and the cost of mailing the issued check may be deducted
from an Affiliate commissions. Un-issued earnings will be held until the month in
which the total amount due is accumulated to at least twenty-five dollars ($25)
or you can receive payment on amounts lesser than $25 via services of PayPal.com.
In some cases payment could be done utilizing either electronic or wire transfer
services. The cost of such transaction(s) will be deducted from an Affiliate commissions.
No payment will be maid if an Affiliate terminates the Program with total earnings
less than $25.00. Affiliate understands and agrees that shall not withhold Taxes
from any payments due to Affiliate and that it is the responsibility of Affiliate
to pay all local, state, federal, and/or foreign taxes on income received from the
Service. Affiliate agrees to indemnify from and reimburse to the Program any claim
or assessment of Taxes by any foreign, United States, state, and/or local taxing
authority, and any other costs and damages, arising from or in connection with the
operation of this paragraph.
Terms & Termination
All of the following terms and conditions must be adhered to and are legally binding
immediately upon agreement.
- The Program reserves the right to terminate any agreement at their
discretion at any time.
- Affiliate may not generate traffic to their website or our links
by any of the follow methods: listings on newsgroups, bulk e-mailing, ICQ postings,
or chatroom/IRC postings, iframes, zero pixel frames, hitbots, clickbots, spiders,
cgi-scripts, java-scripts, or any other similar method.
- Affiliate may not beg, ask, entice, or incentivize users into
clicking on our links.
- Affiliate may not mislead visitors into believing that he/she
will receive anything other than an internet search by clicking on a textlink or
search box.
- Affiliates will not be credited for majority of the traffic that
originates from countries not covered by our PPC providers.
- Inability to comply with any of said terms of agreement will forfeit
any unpaid earnings and result in the termination of Affiliate's account. Further
legal course of action may be considered to prosecute violating Affiliates.
Representations & Warranties
The Program represents and warrants that it has full power and authority to enter
into this Agreement. THE PROGRAM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY
THIRD PARTIES (INCLUDING ADVERTISERS). THE PROGRAM AND ITS LICENSORS MAKE NO OTHER
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,
AND NONINFRINGEMENT.
By accepting these terms, log
in, or by using the Program, you hereby represent and warrant to us that:
·
You represent that you are of legal age to form a binding contract
and are not barred from receiving services under the laws of the applicable jurisdiction.
·
The statements that you made in connection with such registration,
use or maintenance, are complete and accurate and you shall maintain and update
the Registration Data to keep it true and complete;
·
Every thing you make is being done so in good faith;
·
To your knowledge, the domain name and the website content will
not infringe upon or otherwise violate or conflict with the rights of any third
party or third party’s registration, trademark or trade name;
·
You are not building the website for an unlawful purpose; and
·
You will not knowingly build a website that will be used in violation
of any applicable laws or regulations.
You
agree and acknowledge that it is your responsibility to determine whether a website
infringes or violates someone else's rights and you assume full responsibility for
providing end-users and viewers of your Website with any required disclosure or
explanation of the various features of the your Website and any goods or services
described therein, as well as any rules, terms or conditions of use.
YOU ACKNOWLEDGE THAT ALL SOFTWARE & SERVICES ARE PROVIDED TO YOU "AS IS"
AND WITH ALL FAULTS. TM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF TM E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
. Websites
·
All information, data, text, messages, links, music sound, photographs,
graphics, video, messages or other materials ("Content"), loaded to the
Website created by you (the "Website"), are at your sole responsibility.
·
You are entirely responsible for all Content that is uploaded, posted
or transmitted to or made available in the Website
·
You shall be fully responsible for supplementing, modifying and
updating the Website.
·
You hereby grant TrafficMedia with a non-exclusive, royalty-free,
worldwide right and license during the term of this agreement to do the following
to the extent necessary in the performance of Services: (a) digitize, convert, install,
upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store,
process, retrieve, transmit, distribute, publish, publicly display and publicly
perform the Content; and (b) make archival or back-up copies of the Content and
the Website.
·
Except for the rights expressly granted above, TrafficMedia is not
acquiring any right, title or interest in or to the Content, does not control the
Content in the Website, does not claim ownership on the Content on the Website and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
·
You are entirely responsible to backing up and saving the Content
and TrafficMedia has no responsibility whatsoever to the uploading, saving, backing
or lack thereof of the Content on the Website.
·
Under no circumstances will TrafficMEdia be liable in any way for
any Content or for any loss or damage of any kind to the Content or that is incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Services.
·
TrafficMedia reserves the right to edit or remove Content that it
becomes aware of and determines to be unlawful, harmful, offensive or otherwise
in violation of these terms. TrafficMedia may also remove Content that contains
third-party commercial advertisements, is inaccurate or includes unauthorized disclosure
or personal information. Violation of these restrictions ("Restrictions")
may also result in the termination or suspension of your access abilities to the
Website or the agreement. These Restrictions apply to all content provided to or
through the Services, including email messages, newsgroup postings, chat, and personal
or business web pages.
·
You shall not post or store on the Website any Content that violates
or infringes anyone's intellectual property rights or that is obscene, harm minors
in any way, includes child pornography, defamatory, racist, libelous, excessively
violent, harassing, or otherwise objectionable.
·
You shall not use the Services in any way for uploading, posting,
emailing transmitting or otherwise making available any unsolicited or unauthorized
advertising, promotional material, junk mail, chain letters, spam or any other form
of solicitation except as specifically authorized by the Documentation and under
the limitations of the Software.
·
You shall not use any Website on the TrafficMedia's server as a
pseudonymous return email address for any communications that you transmit from
another location or through another service; and you may not pretend to be someone
else when using the Services.
·
You shall not upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
·
Licensee shall not use the Services for any unlawful activities
not otherwise covered above. Additionally, you shall not use the Services to: (i)
intentionally or unintentionally violate any applicable local, state, national or
international law, or any regulations having the force of law; (ii) impersonate
any person or entity, including, but not limited to, a TM official, or falsely state
or otherwise misrepresent its affiliation with a person or entity; (iii) forge headers
or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Services or develop hidden pages or images; (iv) upload,
post or otherwise transmit any Content that does not have a right to transmit to
the public under any law or under contractual or fiduciary relationships;
·
TrafficMedia does not pre-screen Content, however, TrafficMedia
and its designees have the right (but not the obligation) in their sole discretion
to block or restrict access to or the availability of, or to disable, any Content
that is available via the Services. Without limiting the foregoing, TrafficMedia
and its designees may disable, restrict access to or the availability of, any Content
that violates these terms or is otherwise objectionable. You shall evaluate, and
bear all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
·
You acknowledge, consent and agree that TrafficMedia may access,
preserve and disclose your Website and License information and Content if required
to do so under any applicable law or if it believes such discloser is necessary
to enforce these terms and/or respond to claims that the Content violates the rights
of a third party and/or to protect the rights, property or safety of TrafficMedia,
its users and the public.
·
Unless otherwise explicitly stated, herein, any Content provided
by you in connection with the Website shall be deemed to be provided on a nonproprietary
and non-confidential basis. You acknowledge that you are responsible for the Content
that is submitted, and shall have full responsibility for the Content, including
its legality, reliability, appropriateness, originality and copyright.
Images
·
"Images" shall mean animations, clipart, composites, digital
footage, digital video, film footage, fonts, graphics, illustrations, images, motion
sequences, photographs or any other visual representation regardless of whether
the Image(s) are obtained via download from the Website, delivered via any storage
media (CD, DVD, disk, etc.) that is now known or may become known in the future,
or obtained from TrafficMedia together with all accompanying metadata and other
material.
·
The Images are copyrighted and protected under the various laws
of. The Images shall remain the sole and exclusive property of TrafficMedia, or
its licensors. Use of the Images is licensed, not sold, pursuant to the terms of
this Agreement. Use of the Images without agreeing to this Agreement, or a breach
of these Agreement terms, is copyright infringement.
·
Use of the Images and/or any derivative work using them shall be
done only within the TrafficMedia Websites.
·
You undertake not to:
o
Sublicense, distribute, transfer or assign the Images or rights
to the Images.
o
Reverse engineer, decompile, translate, or disassemble any part
of the Images.
o
Use the Images Copy or reproduce them apart from the use of Software
and within the TrafficMedia Website.
o
Use the Images in any downloadable format intended for multiple
distribution including, without limitation, templates, Web site templates, software
products, e-greetings, etc.
o
Remove any copyright, trademark or watermark from any place where
it appears on the Images; or Use the Images, or any part of the Images, as part
of a trademark, service mark, or logo. TrafficMedia or its licensors retain the
full rights to the Images, and therefore you cannot establish your own rights.
o
Use the Images to compete with TrafficMedia in the business of licensing
images to customers.
o
Use the Images in any way that could be considered defamatory, pornographic,
libelous, immoral, obscene or fraudulent, or illegal, either by making physical
changes to it, in the juxtaposition to accompanying text or images, or otherwise.
o
Use the Images beyond any limitations or restrictions set forth
in this Agreement.
·
Upon termination of the license to use any Images granted under
this LA, you agree to destroy all copies and archives of the Images and to cease
using them for any purpose.
·
You are solely responsible for determining whether your use of any
Images requires the consent of any other party or the license of any additional
rights. If you are unsure whether additional rights are needed for your use of the
Images, you are responsible for consulting with competent legal counsel; and If
you are acting as an agent, you must inform your client/principal of the terms of
this Agreement.
·
All provisions of this agreement will apply also to the use of Images.
Confidentiality
During the term of this Agreement and for one year after termination of this Agreement,
Affiliate agrees to safeguard and, except for the benefit of the Program, not to
disclose to anyone outside the Program any proprietary or confidential information
acquired during this Agreement. Such information includes, without limitation, business
plans, customer lists, operation procedures, trade secrets, design formulas and
programming code, know-how and processes, computer programs and inventions, discoveries,
and improvements of any kinds.
Modifications
The Program reserves the right to change any of these terms and conditions at any
time without notice. You are responsible for complying with complying with any changes
to the terms and conditions within 10 days of the date of change.
General
Affiliate shall indemnify, defend, and hold harmless the Program, and its officers,
directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"),
against all liability, demands, claims, costs, losses, damages, recoveries, settlements,
and expenses (including interest, penalties, attorney fees, accounting fees, and
expert witness fees) incurred by Indemnitee ("Losses"), known or unknown,
contingent or otherwise, directly or indirectly arising from or related to this
Agreement. Affiliate may not assign any of its rights or delegate any of its duties
under this Agreement without the prior written consent of the Program. Despite such
consent, no assignment shall release the assignor of any its obligations or alter
any of its primary obligations to be performed under the Agreement. This Agreement
is made solely for the benefit of the parties to this Agreement and their respective
successors and assignees, and no other person or entity shall have or acquire any
right by virtue of this Agreement. This Agreement shall be governed and interpreted
by the laws of New Jersey. Affiliate is an independent contractor and in no way
and under no circumstances that Affiliate should look to the Program for compensation
and benefits as an employee. If any party fails to perform its obligations because
of strikes, lockouts, labor disputes, embargoes, technical problems of TrafficMedia
or its providers, acts of God, inability to obtain labor or materials or reasonable
substitutes for labor or materials, governmental restrictions, government regulations,
governmental controls, judicial orders, enemy or hostile governmental action, civil
commotion, fire or other casualty, or other causes beyond the reasonable control
of the party obligated to perform, then that party's performance shall be excused.
This Agreement constitutes the final, complete, and exclusive statement of the terms
of this Agreement between the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter
into this Agreement by, nor is any party relying on, any representation or warranty
outside those expressly set forth in this Agreement. SEVERABILITY If a court or
an arbitrator of competent jurisdiction holds any provision of this Agreement to
be illegal, unenforceable, or invalid in whole or in part for any reason, the validity
and enforceability of the remaining provisions, or portions of them, will not be
affected. No waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of this Agreement shall be effective unless
it is in writing and signed by the party waiving the breach, failure, right, or
remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver
of any other breach, failure, right, or remedy, whether or not similar, nor shall
any waiver constitute a continuing waiver unless the writing so specifies. The headings
in this Agreement are included for convenience only and shall neither affect the
construction or interpretation of any provision in this Agreement nor affect any
of the rights or obligations of the parties this Agreement.
