Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 6/3/2006.
This Terms of Use Agreement sets forth the standards of use of the Dynamic Pixel
Ads Online Service for Registered Members. By using the Dynamic Pixel Ads /
DynamicPixelAds.com website you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective
immediately upon being posted at Dynamic Pixel Ads /
DynamicPixelAds.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1. Description of Service
Dynamic Pixel Ads is providing Member with pixel ad advertising
service. Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member's access to
the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Dynamic Pixel Ads on an "as is" and on an
"as available" basis. To the fullest extent permitted by applicable
law, Dynamic Pixel Ads makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site in terms
of its correctness, accuracy, reliability, or otherwise. Dynamic Pixel
Ads shall have no liability for any interruptions in the use of this
Website.
3. Limitation of Liability
DYNAMIC PIXEL ADS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND
IN PARTICULAR DYNAMIC PIXEL ADS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF
DYNAMIC PIXEL ADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Dynamic Pixel Ads, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees and costs, made by any third party
due to or arising out of Member's use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member's computer, of any intellectual property or any other right of any
person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members
are entirely responsible for any and all activities which occur under their
account whether authorized or not authorized. Member agrees to notify Dynamic
Pixel Ads of any unauthorized use of Member's account or any other breach of
security known or should be known to the Member. Member's right to use the
Service is personal to the Member. Member agrees not to resell or make any
commercial use of the Service without the express written consent of Dynamic
Pixel Ads.
6. Modifications and Interruption to Service
Dynamic Pixel Ads reserves the right to modify or discontinue the
Service with or without notice to the Member. Dynamic Pixel
Ads shall not be liable to Member or any third party should Dynamic Pixel
Ads exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that Dynamic Pixel Ads does not guarantee
continuous, uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to review said privacy
policies of third-parties' sites.
8. Governing Jurisdiction of the Courts Oregon
Our website is operated and provided in the State of Oregon. As such,
we are subject to the laws of the State Oregon, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State Oregon.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any way that
violates applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Botnets
Dynamic Pixel Ads retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, Dynamic
Pixel Ads reserves the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other destination at our
discretion.
11. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
Dynamic Pixel Ads, in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices described in our
Privacy Policy Statement.