To be an authorized user of Funky Finds Ad Space, you agree to the terms and conditions contained in this agreement. This Agreement sets forth the terms and conditions, known as Terms, under which Funky Finds makes Funky Finds Ad Space available to you. By using Funky Finds Ad Space you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate.
Funky Finds reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on Funky Finds Ad Space Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation with Funky Finds Ad Space. Your continued participation with Funky Finds Ad Space following posting of a change notice or new agreement on Funky Finds Ad Space Website will constitute binding acceptance of the changes.
1. General Rules
2. Becoming a User of Funky Finds Ad Space
2.1 Opening an Account. To participate with Funky Finds Ad Space, you must enroll by opening an account with Funky Finds Ad Space through its online registration process. You will have online access to your statistical data through a user/password protected back office upon registration.
2.2 Contact Information. You must provide Funky Finds Ad Space with accurate and complete contact information when you open an Account. If you do not provide Funky Finds with complete, accurate, and updated contact information, you may not be able to receive important information and updates regarding your account.
2.3 Account Security. You will need to select a password if you open an account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and account, including, without limitation to, any use by any third party. You must notify Funky Finds Ad Space immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Funky Finds Ad Space immediately if you become aware of any other breach or attempted breach of the security of your Account or Funky Finds Ad Space Service.
3. Your Obligations
3.1 You must use Funky Finds Ad Space in a manner that demonstrates common sense and respect for the rights of Funky Finds Ad Space and third parties. You must comply with Funky Finds Ad Space Guidelines and any other applicable guidelines set forth in Funky Finds Ad Space Content Usage Policy.
3.2 You agree and accept that emails shall be sent to you by Funky Finds Ad Space in the form of newsletters and updates. Due to the contentious issue of "Spam" or UCE (Unsolicited Commercial Email) ANY "Remove" or "Unsubscribe" request from any email sent by Funky Finds Ad Space will be honored and automatically result in the removal from Funky Finds Ad Space.
3.3 Due to the current environment of the Internet with issues of the major increase in spam, personal and ISP spam filtering, all relevant information pertaining to program participants, including policy changes will be posted, and not emailed. It remains your responsibility to be kept informed of all terms, conditions and policies of this program.
4. Purchasing Advertising From Funky Finds Ad Space
4.1 Order Processing. Funky Finds Ad Space will process all service orders placed by participants. Funky Finds Ad Space reserves the right to reject orders that do not comply with any requirements that Funky Finds Ad Space has and may periodically establish. Funky Finds Ad Space will be responsible for all aspects of order processing and fulfillment. Among other things, Funky Finds Ad Space will prepare order forms and handle customer service. Funky Finds Ad Space will use commercially reasonable efforts to present accurate information in the statistical reports, but Funky Finds Ad Space cannot guarantee the accuracy of the reports.
4.2 Customers. Customers who buy services through Funky Finds Ad Space will be deemed to be customers. Accordingly, all of Funky Finds Ad Space rules, policies, and operating procedures concerning customer orders and customer service sales will apply to those Customers. Funky Finds Ad Space may change Funky Finds Ad Space policies and operating procedures at any time. Product prices and availability may vary from time to time. Funky Finds Ad Space will use commercially reasonable efforts to present accurate information, but Funky Finds Ad Space cannot guarantee the availability or price of any particular service.
4.3 Refunds. Funky Finds Ad Space allows you to add funds to your advertisement account to be used as needed. Once funds are added, there will be no available refunds.
If your account balance has an insufficient amount to purchase a banner package, you are allowed to purchase banner impressions based on your leftover account balance. This is sometimes a better option, for lower leftover balances, rather than paying the PayPal fee to accept funds back to your account from Funky Finds Ad Space. You simply need to send a message with your request to Handmade at Funky Finds dot com; include your banner number and the amount (in U.S. dollars) you wish to apply for your purchase.
Once a banner package has been purchased, there will be no available refunds.
5. Prohibited Content
5.1 The following are examples (including but not limited to) of the type of sites that are not allowed to participate: Sites displaying pornography, adult content or graphics, sexual or erotic material or sites that contain links to such content:
Libelous or defamatory sites; sites containing or linking to software piracy; software trading (warez) sites, sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.); sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm, sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.); sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam); sites promoting any type of illegal substance, paraphernalia and/or activity; sites with illegal, false or deceptive investment advice and money-making opportunities; sites that are under construction or incomplete; sites with any type of content reasonable public consensus deems to be improper or inappropriate.
6. Ads Manager Banner Rotation
6.1 This is a serious advertising network. We will absolutely not allow any pornography, nudity, sexual situations or profanity, or that support illegal activities or hate groups, casino links, etc. to join my Ads Manager banner rotation service. My network is limited to serious websites with products, content, or services that would appeal to our target audience. If affiliate program banners, such as those provided by companies like Commission Junction or LinkShareSM are loaded into Funky Finds Ad Space, we are not responsible for click throughs being properly registered. You are responsible for ensuring you have given the correct destination URL when adding a banner. Make sure you check your ad in your back office and make any necessary changes.
7. Advertising Funky Finds Ad Space
7.1 Logo. All logos and artwork are the property of Funky Finds Ad Space, and they may not be modified or used to misrepresent Funky Finds Ad Space.
7.2 All other Communications. Except as provided for in Funky Finds Ad Space Guidelines, you may not make any press release with respect to this agreement or your participation with Funky Finds Ad Space without prior written consent. This consent will be given or withheld in its sole discretion.
7.3 You agree not to use any predatory advertising methods in the promotion of Funky Finds Ad Space's products or services. Predatory advertising is defined as any method that creates or changes links or banners on websites without the expressed permission of that website owner. Participation in predatory advertising programs will be cause for Funky Finds Ad Space user's immediate termination.
As you are bound by the Terms by participating with Funky Finds Ad Space, you must indemnify, defend and hold Funky Finds Ad Space harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms in using Funky Finds Ad Space in accordance with Section 9 of these Terms. You must also indemnify, defend, and hold Funky Finds Ad Space harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Funky Finds Ad Space's use of any images provided via your website, web space, or off-line advertisement(s) infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your website, including, without limitation, content therein not attributable to Funky Finds Ad Space. Funky Finds Ad Space may withhold any refunds that it owes you if you have to indemnify Funky Finds Ad Space.
9. Term and Termination
9.1 Term. The term of this Agreement will begin upon Funky Finds Ad Space's acceptance of your participation with Funky Finds Ad Space and will end when terminated by either party.
9.2 Funky Finds Ad Space Termination. In its sole discretion, with or without notice to you, Funky Finds Ad Space may terminate your participation with Funky Finds Ad Space and terminate your Account. If Funky Finds Ad Space determines, in its sole discretion, that you are abusing the system, Funky Finds Ad Space may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any refunds payable to you. Examples of abuse are, but not limited to the following:
(a) Funky Finds Ad Space reserves the right to terminate any participant without notice for sending any unsolicited email (spam, Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax)), or for misrepresenting Funky Finds Ad Space. This can include, but is not limited to, the following:
Email Messages Newsgroup postings Windows system messages Pop-up messages (a.k.a. "adware" or "spyware" messages) Instant messages (using AOL®, MSN®, YahooTM or other instant messenger programs) Online chat room advertisements Guestbook or Website Forum postings Facsimile Solicitations
If you are terminated for such reason, you agree that any and all refunds are to be forfeited by you. Funky Finds Ad Space will have the right to seek monetary damages from you caused by such actions. You must comply with the Telephone Consumer Protection Act and the CAN-SPAM Act of 2003 (http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm). Suspected abuse can be reported by email to Handmade at Funky Finds dot com.
(b) You shall not set up or attempt to set up any kind of reseller, affiliate, referral, associate, bounty or any program whereby Partner sells product(s) from Funky Finds Ad Space through other entities.
9.3 Your Termination. You may terminate your Account for any reason, at any time by using the contact us link from your back office or by sending us an email at Handmade at Funky Finds dot com, and state that you wish to terminate your account. If you choose to terminate your account, you agree that any and all refunds will be forfeited by you.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Funky Finds Ad Space, you must use the following addresses: Funky Finds Ad Space, 6260 Lewis Chapel Rd., Jefferson, TX 75657, or Handmade at Funky Finds dot com. If Funky Finds Ad Space provides notice to you, it will use the contact information provided by you to Funky Finds Ad Space. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
11. Dispute Resolution
All disputes arising out of, relating to or connected with these Terms or your use of any part of Funky Finds Ad Space will be exclusively resolved under confidential binding arbitration held in Jefferson, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Jefferson, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Jefferson. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of any part of Funky Finds Ad Space must be asserted individually. Notwithstanding anything to the contrary in this Section 11, Funky Finds Ad Space may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of Funky Finds Ad Space. These Terms (including all of the policies and other Agreements described in this Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Funky Finds Ad Space are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
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