Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Web Traffic Exchange, a Brand Media company. By using our web services, you agree and accept the following terms and conditions ("Terms of Service").

2. CHANGES IN TERMS OF SERVICE

We reserve the right to change the terms of service with or without notice, and without liability to you. Your continued use of our web services constitutes your agreement to all such terms and conditions.

3. REGISTRATION

You may choose to open an account with Web Traffic Exchange to receive additional services available only to members. By opening an account with us, you agree to provide accurate, current, and complete information about yourself as prompted by the signup form. You are also responsible for maintaining and promptly updating the member profile to keep it current and complete. It is your responsibility to maintain the confidentiality of your account and password.

We reserve the right to terminate your use of our services if the information that you provided contains false or misleading information, or conceals or omits any information that we may consider material.

4. SITE AND FORUM RULES

Your postings on our website, including forum topics and replies, will become public and will be viewable by anyone who connects to our website. All postings should be made in English. We ask you to be polite, use common sense, abide by the law, and not post material that may attack other parties. We reserve the right to remove, modify, or move posts at our discretion and without notice. Violating site and forum rules could result in suspension or termination of your account.

5. CONTENT YOU SUBMIT

You retain ownership of the content you submit to our website. By submitting content, you grant Brand Media, Inc. a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute that content in connection with the operation and promotion of our services. You represent that you have the right to grant this license and that your content does not infringe any third-party rights.

6. FEES, PAYMENT, AND TERMS

In consideration of the advertisement services that you have selected, you agree to pay us the applicable service fees. All advertisement fees are paid in advance before the actual advertisement commences.

7. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to provide service(s) to you within thirty (30) calendar days from receipt of your payment for such advertisement services. If we decline to provide service(s) to you, we agree to refund any applicable fee(s). You agree that we shall not be liable to you for any loss or damage arising from our refusal to provide any service(s).

8. ABUSE

Any attempts to undermine or cause harm to our servers or customers are strictly prohibited. Web Traffic Exchange, a Brand Media company, will not permit you to use our services for any of the following purposes. Doing so violates the terms of your agreement with us:

• Spam: Unsolicited posting of commercial messages
• Copyright Violations: Violations of copyrights held by individuals, corporations, or other entities can result in civil and criminal liability. If you use our service to distribute information, you should be aware of and abide by the laws involving copyrights
• Obscene Material: We will not allow the use of our site to distribute obscene or indecent material. We reserve the right to make the judgment in our sole discretion as to what constitutes obscene or indecent material
• Illegal Activity: Any activity that is of an illegal or unlawful nature under the laws of the United States of America or the State of Illinois
• Other: Any other activity that we determine, in our sole discretion, is unethical, or damaging to our other customers, users of the Internet in general, or to our corporate reputation

We regularly monitor our site, forums, and network. If we become aware of any violations of the above conditions, we may cancel your account immediately and without notice.

By using our services, you are presumed to have accepted this Acceptable Use Policy.

9. SECURITY

Violations of system or network security are prohibited and may result in criminal and civil liability. This includes, but is not limited to: unauthorized access; scanning of systems, security, or authentication measures; interference with service to any user, host, or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks; and forging of any TCP-IP packet header or email headers.

10. INDEMNITY

You agree to release, indemnify, and hold Brand Media, Inc., its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Brand Media services provided hereunder, or your use of the Brand Media services, including without limitation infringement by you, or someone else using any Brand Media service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Brand Media operating rule or policy relating to the service(s) provided. When Brand Media is threatened with a lawsuit by a third party, Brand Media may seek written assurances from you regarding your promise to indemnify Brand Media; your failure to provide those assurances may be considered by us a breach of your Agreement and may result in the deactivation of your account.

11. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. BRAND MEDIA, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BRAND MEDIA, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON OUR WEBSITE.

OUR GUIDES, TUTORIALS, QUIZZES, AND ARTICLES ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. BRAND MEDIA, INC. AND ITS AFFILIATES DO NOT WARRANT THE COMPLETENESS, TIMELINESS, OR ACCURACY OF ANY DATA, INFORMATION, FEATURES, OR INFORMATION AVAILABLE ON OUR WEBSITE, AND DO NOT GUARANTEE ANY PARTICULAR RESULT FROM FOLLOWING THEM.

12. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, BRAND MEDIA, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT OR WARRANTY, ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FROM OUR WEBSITE.

13. LINKS TO THIRD PARTY SITES

Our website contains links to third-party websites, which are not under the control of Brand Media, Inc. Some of these are affiliate links for which we may receive a commission. We are not responsible for the contents contained in the linked sites, including, without limitation, any link contained in a linked site, and any changes or updates to a linked site. Any transaction you enter into with a third party is solely between you and that third party.

14. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS

You agree not to engage in any activity that infringes on or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents. Also, you agree not to engage in any activity that violates the privacy, publicity, or other personal rights of others. Brand Media, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.

15. COPYRIGHT NOTICES

Unless otherwise specified, all materials appearing on this site, including design, text, logos, graphics, icons, and images, as well as the selections, assembly, and arrangement, are the sole property of Brand Media, Inc., Copyright© [2003], ALL RIGHTS RESERVED. No materials from this site may be copied, reproduced, modified, republished, transmitted, or distributed in any form or by any means without Brand Media, Inc's prior written permission. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

16. INFANCY

You attest that you are of legal age to enter into this Agreement.

17. GOVERNING LAW

This agreement shall be governed by and interpreted and enforced in accordance with the laws of the state of Illinois applicable therein, without regard to its conflict of laws rules. Any action relating to this agreement must be brought exclusively in the United States District Court for the Northern District of Illinois, or if there is no jurisdiction in such court, then in a state court in Cook County, and you irrevocably consent to the jurisdiction of such courts.