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Welcome to adCause.com (the "Service"), of MEDIAFILL LLC (the "Proprietor"). Your use of the Service is subject to these Terms of Service ("TOS"). The Proprietor reserves the right to update and change the TOS from time to time without notice or acceptance by you. Introduction.This agreement ("Agreement") between You and the Proprietor consists of these Terms of Service. "You" means any person or entity who uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Terms of Service. Privacy Policy.User Conduct and ContentYou understand that all information, data, text, comments, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Proprietor are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
No Control over Content.The Proprietor does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Information Rights.The Proprietor does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, including without limitation comments you post to the Service, you grant the Proprietor world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. IndemnityYou agree to indemnify and hold the Proprietor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPRIETOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 9 MAY NOT APPLY TO YOU. Modifications to ServiceThe Proprietor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Proprietor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. MiscellaneousThis Agreement shall be governed by the laws of California except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Contra Costa County, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to the Proprietor Notwithstanding the foregoing, the Proprietor may assign this Agreement at any time without notice. The section titles in the TOS are for convenience only and have no legal or contractual effect. |
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