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    SA Smart Ads - Terms of Services

    Date of Last Revision: Febraury 14, 2008.

    Advertising Services. Advertisements will be placed based on the information I provide in my advertising order, and SAReunited makes no guarantee regarding the results I will obtain from my advertisements. I am solely responsible for all the information I provide, including targeting options, keywords, ad content, and URLs, as well as the websites, products and/or services I am advertising. So that SAReunited can place the advertisements I order, I grant to SAReunited a worldwide, nonexclusive, royalty-free, perpetual, fully sublicensable, and irrevocable license to place, publish, reproduce, copy, distribute, perform and display the advertisements. I understand and agree that advertisements may be placed on any content or property provided by SAReunited along with any other content or property provided by a third party upon which SAReunited places ads, and I authorize and consent to all such placements. I understand that SAReunited will determine, in its sole discretion, how to measure the number of impressions, inquiries, conversions, clicks, or other actions taken by third parties in connection with my advertisements, and all charges will be based on such measurements. I understand and agree that SAReunited may access, use and analyze such measurements for any internal business purpose (e.g. for the purposes of targeting delivery of other advertisements or other content to persons who have taken actions in connection with my advertisements) and may publish such measurements in its sole discretion. I understand that materials submitted by me to SAReunited will not be returned upon termination of this Agreement or otherwise.

    SAReunited Policies. All advertisements must comply with the SAReunited Advertising Guidelines, and any other policies or guidelines that SAReunited makes applicable to this service.

    Payment. I agree to pay all amounts specified in the advertising orders I place, along with any applicable taxes, by providing a valid credit card or other means authorized in writing by SAReunited. To the extent I have provided a credit card, I authorize SAReunited to charge my credit card for any and all amounts due. SAReunited may charge such amounts at the time the order is placed or at any time thereafter. I further authorize SAReunited to obtain pre-approval from my credit card issuer. Payments not made when due will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less), but payment of interest will not excuse or cure any failure to make any payment when due. I am responsible for maintaining the security of my account (including my user name and password), and understand I will be charged for any orders placed by or through my account, even if such orders were not authorized by me. SAReunited will not be liable for any loss or damage arising from my failure to maintain the security or confidentiality of my account. Refunds (if any) are at the discretion of SAReunited and may be in the form of a credit for advertising placement on SAReunited. To the fullest extent permitted by law, I waive all claims against SAReunited related to charges (including any claims related to suspected invalid clicks or other actions) unless claimed within 60 days after the charge.

    Cancellation and Termination of Account. SAReunited may reject or cancel any order I place, reject or remove any of my advertisements, and/or terminate my account, in its sole discretion, for any reason or no reason at all. Without limiting the foregoing, SAReunited has adopted a policy of terminating in appropriate circumstances advertisers who are repeat infringers of intellectual property rights. I may cancel my order at any time, but only through the online, self-service interface I used to place the order. I understand that advertisements may continue to run for up to seven (7) days after SAReunited receives the cancellation notice, and that I must still pay for such advertisements.

    Representations and Warranties. I represent and warrant that: (a) I have all rights in and to the advertisements that are necessary to place and display the advertisements, and to grant the rights granted under these terms; (b) the advertisements are not false or misleading; (c) the advertisements fully comply with the SAReunited Advertising Guidelines and any other applicable policies; (d) the advertisements, along with the products or services being advertised, do not infringe the rights of any third party, and do not violate or encourage the violation of any applicable laws or regulation.

    Disclosure of Information. I acknowledge and agree that any credit card and related billing information that I provide to SAReunited may be shared by SAReunited with SAReunited’s service providers (including payment processors and credit agencies) solely for the purposes of checking credit, effecting payment to SAReunited and servicing my account. I further agree that SAReunited may provide information in response to valid legal process, such as subpoenas, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims. SAReunited will not be liable for any use or disclosure of such information by such third parties.

    Sublicense. SAReunited grants to me a license or sublicense, under all rights owned or licensed by SAReunited, of any rights necessary to permit my advertisements to be placed and displayed on the SAReunited site as contemplated by this Agreement, including any intellectual property rights or rights of privacy and publicity associated with any User Content (as that term is defined in the SAReunited Terms of Use).

    Authority to Enter into this Agreement. The individual who clicks on the "Place Order" button or otherwise submits an order represents and warrants that he or she is either (1) acting on behalf of himself or herself, and will be personally bound by these terms, or (2) acting as an agent or authorized representative of his or her principal (including any entity he or she represents) and has actual authority to bind that principal to these terms as if that principal were named in this Agreement in place of that individual. He or she further agrees that if it is found that he or she did not have authority to bind that principal, he or she will be personally responsible for the obligations in these terms and the advertising order he or she placed, including, without limitation, the payment obligations.

    Modification of Terms. I agree and acknowledge that SAReunited may modify these terms, the Advertising Guidelines and/or any of the other SAReunited policies at any time, and that posting the modifications on the SAReunited.com site will constitute sufficient notice of such modifications. To the extent that I have placed an order for any advertisements that are running at the time of any modification, I acknowledge and agree that any such modification will apply to the balance of the advertisements that remain to be run after the date such modification is posted. I further agree that I am obligated to check for any such modifications, and that the placing of an order or continued use of any SAReunited advertising services after posting of any modifications constitutes acceptance of the modifications.

    Indemnification. I agree to indemnify and defend SAReunited from and against any claims, liabilities, costs and expenses (including reasonable attorney's fees) arising out of (1) any advertisements provided by or through me, including all content and links contained therein, (2) any website to which my advertisement links, (3) the products or services I am advertising, and (4) the violation of any laws or third party rights, including, but not limited to, intellectual property rights, by me, my agents or my partners.

    DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, SAREUNITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. SAREUNITED DOES NOT GUARANTEE OR WARRANTY ANY PARTICULAR RESULTS FROM THE ADVERTISEMENTS I PLACE OR THE SERVICES PROVIDED BY SAREUNITED. I UNDERSTAND THAT THIRD PARTIES MAY GENERATE IMPRESSIONS, CLICKS, OR OTHER ACTIONS AFFECTING THE COST OF THE ADVERTISING FOR FRAUDULENT OR IMPROPER PURPOSES, AND I ACCEPT THE RISK OF ANY SUCH IMPRESSIONS, CLICKS, OR OTHER ACTIONS. SAREUNITED SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO ME IN CONNECTION WITH ANY THIRD PARTY CLICK FRAUD OR OTHER IMPROPER ACTIONS THAT MAY OCCUR.

    LIMITATION OF LIABILITY. SAREUNITED WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR FOR ANY LOSS OR INTERRUPTION TO BUSINESS, ARISING OUT OF OR RELATING IN ANY MANNER TO THE ADVERTISING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SAREUNITED'S AGGREGATE LIABILITY TO ME EXCEED THE AMOUNT I ACTUALLY PAY TO SAREUNITED FOR THE ADVERTISEMENTS GIVING RISE TO THE CLAIM.

    Governing Law. I agree that these terms and conditions, and any dispute relating to them, will be governed by the laws of the United Kingdom without regard to its conflict of law principles.

    Arbitration. I agree that, except as otherwise provided for in this paragraph, all claims and disputes that arise out of or relate in any way to my advertisements or these terms and conditions will be resolved either by (a) binding arbitration by a sole arbitrator in England, or (b) binding non-appearance based arbitration conducted by telephone, online, or based solely on written submission.. Arbitration under this Agreement shall be conducted through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. With respect to any claims or disputes I intend to bring on behalf of a class, I further agree to arbitrate whether a class should be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, I will continue to resolve my individual claims or disputes through binding arbitration. If the arbitrator finds a class should be certified, I may file the class action in a court located in England. Claims for injunctive or other equitable relief pending the conclusion of an arbitration under this section must also be brought in a court in London, United Kingdom. For purposes of such relief or remedy, or any other court proceeding under this section, I agree to submit to the exclusive jurisdiction of the English courts.

    Miscellaneous. These terms and conditions, the Advertising Guidelines and other applicable SAReunited policies, and the terms of any applicable advertising order submitted through the site constitute the entire and exclusive agreement between the parties with respect to any advertising order I place, and supersede and replace any other statements, documents, materials, agreements, terms, and conditions applicable to any such order. Unenforceable provisions will be modified to reflect the parties' intention, but only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. SAReunited's failure to enforce or delay in enforcing any provision of this Agreement will not be deemed a waiver of that provision, and any waiver of any default under this Agreement will not be deemed to be a waiver of any subsequent default. I agree that SAReunited may provide effective notice to me by sending an email to the email address specified in my account, and the notice will be deemed received when sent. I agree that any notices I send to SAReunited will be sent via courier or registered mail to P.O Box 317, Twickenham, TW1 9BJ, United Kingdom Attn: Legal, The Dynamic Mink Ltd, and will be deemed received when such notice is received by SAReunited. Except for any obligation to perform the advertising services, these terms and conditions will survive the completion or termination of any advertising order or any termination of my account. I may not assign this Agreement, or any of my rights under this Agreement, or delegate any of my obligations under this Agreement, without SAReunited's prior written consent, and any attempt to do so is void. SAReunited and I are independent contractors, and no partnership, agency relationship, joint venture or other relationship is created by this Agreement.

    SAReunited Advertising Guidelines

    Date of Last Revision: Febraury 14, 2008.

    SAReunited Advertising Philosophy:
    SAReunited is committed to protecting our user experience by keeping the site clean, uncluttered, and free from intrusive advertising. We believe that we can help transform existing advertising on SAReunited into tailored messages to our users, because they are based on how their friends interact and affiliate with the brands, music artists, and businesses they care about.
    SAReunited provides the following guidelines to help you communicate more effectively with your desired audience. Please note that all advertising placed within SAReunited must adhere to these guidelines, and SAReunited reserves the right to reject any advertising that we deem contrary to our ad philosophy. These guidelines are also subject to change at any time.

    • Accounts
      • Advertisers are not permitted to manage multiple accounts.
      • Advertisers must not programmatically automate the creation of accounts or ads.
    • Landing pages / Destination URLs
      • Ads that contain a URL or domain in the body must link to that same URL or domain.
      • All users must be sent to the same landing page when the ad is clicked.
      • Landing pages that generate a pop-up (including "pop-overs" and "pop-unders") when a user enters or leaves the page are not allowed.
      • It cannot use "fake" close behavior (ie. when a user clicks the 'close' icon on the page, the page should close down and no other behavior should result).
      • It cannot utilize "mouse trapping" whereby the advertiser does not allow users to use their browser "back button" and traps them on their site and/or present additional/unexpected behavior (for example: another ad or page).
      • No ad may require viewers clicking on the ad to submit personal information (cell phone numbers, physical addresses, or email addresses) on the landing page in order to obtain the information promoted in the ad.
      • A secure server connection (https) must be used when collecting personal information from users.
      • Landing pages cannot contain SAReunited trademarks or logos, or otherwise reference SAReunited in the content of the landing page or its URL.
    • Accurate ad text
      • Advertising copy must directly relate to the content on the landing page.
      • The ad title and body must clearly state and represent the company, product, or brand that is being advertised.
    • Grammar, spelling, and capitalization
      • Ad text must be in logical sentence form and contain grammatically correct spacing.
      • Ads must use correct spelling.
      • Ads may not include unnecessary capitalization (such as 'FREE'). Acronyms may be capitalized.
      • Ads may not include excessive repetition.
    • Punctuation and symbols
      • The use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
      • Repeated and unnecessary punctuation or symbols is not permitted.
      • Symbols may not be used to substitute for letters (e.g., "$ave" instead of "save").
    • Language and image content
      • Provocative images will not be accepted.
      • Ads may not contain, facilitate or promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual.
      • Ads may not contain, facilitate or promote offensive, profane, vulgar, obscene, or inappropriate language.
      • Ads may not contain, facilitate or promote defamatory, libelous, slanderous and/or unlawful content.
    • Content restrictions

    We do not accept advertising referencing, facilitating or promoting the following:

      • Liquor, beer, or wine
      • Tobacco products
      • Ammunition or firearms
      • Gambling, including without limitation any online casino, sports books, bingo, or poker
      • Ringtones
      • Software downloads, freeware, or shareware
      • Scams, illegal activity and/or illegal contests, pyramid schemes, or chain letters
      • Uncertified pharmaceutical products
      • Adult friend finders or dating sites with a sexual emphasis
      • Web cams or surveillance equipment
      • Web-based non-accredited colleges that offer degrees
      • Inflammatory religious content
      • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities
      • Political content that exploits political agendas or uses "hot button" political issues for commercial use regardless of whether the advertiser has a political agenda
      • Hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation or language of such individual or group
    • SAReunited references
      • Ads are not permitted to mention or refer to SAReunited, its site or its brand in any manner, including in the title, body, image, or destination URLs.
      • Ads must not use SAReunited logos, trademarks, or site terminology (including SAReunited, The SAReunited, SAReunitedHigh, FBook, FB, Poke, The Wall, and other company graphics, logos, designs, or icons).
      • SAReunited site features may not be emulated.
    • No incentives
      • No ad may offer incentives to viewers for clicking on the ad, for submitting personal information (cell phone numbers, social security numbers, physical addresses, or email addresses), or for performing any other tasks.
    • Prices, discounts, and free offers
      • No ad may be deceptive or fraudulent about any offer it makes.
      • If an ad includes a price, discount, or 'free' offer, the destination URL for the ad must link to a page that clearly and accurately offers the exact deal the ad has displayed.
      • If an ad includes a price, discount, or 'free' offer, the advertisement must clearly state what action or set of actions is required to qualify for the offer.
    • Copyrights and trademarks
      • In both ad text and image, you must not include any content that may be deemed as infringing upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
      • Advertiser must have intellectual property rights to the creative and be permitted to display such creative as advertising on the SAReunited Site.
    • Spam
      • No ad may contain, facilitate or promote 'spam' or other advertising or marketing content that violates applicable laws, regulations or industry standards.
    • Downloads
      • No ad is permitted to contain or link, whether directly or indirectly, to a site that contains software downloads, freeware, or shareware.
      • No ad is permitted to facilitate or promote (or contain a link to a site that facilitates or promotes):

    (1) Collection of demographic and usage information from a user's computer without the user's express consent,

    (2) Collection or request of usernames or passwords from any user,

    (3) Proxying user names or passwords for the purpose of automating logins to the
    SAReunited site,

    (4)Containing or distributing any software that (i) "sneaks" onto a user's system and performs activities hidden to the user, (ii) may alter, harm, disable or replace any hardware or software installed on user's computer without express permission from the user, (iii) is bundled as a hidden component of other software whether free or for fee, (iv) automatically downloads without SAReunited's express prior approval, (v) presents any download dialog boxes without a user's express action, or (vi) may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right
     
     
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