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By participating in the Lifetips Ad Service program, you accept and agree, without limitation or qualification, to all of the terms and conditions in this Agreement. Lifetips reserves the right to change the terms of the Lifetips Ad Service and this Agreement at any time and from time to time by posting such changes in this area, and your continued participation in the Lifetips Program following such changes shall be deemed your consent to such changes.
Approval:
Any character title, site description or URL (collectively, the "Listing") and Bid Amount submitted to the Lifetips Ad Service is subject to the prior approval of Lifetips. Lifetips will not allow any Listings which are inappropriate, offensive or irrelevant. Once you submit your Listing, Lifetips will review your submission for editorial integrity, relevance, appropriateness and accurate mapping to the Lifetips network of Sites. You will be notified of your acceptance or rejection within the Lifetips Ad Service within approximately seven business days of Lifetips receiving your Listing submission and your Bid Amount. Lifetips reserves the unrestricted right to reject or cancel any Listing for any reason at any time. Listings may appear anywhere on the World Wide Web (at a minimum the listing's "title" will be displayed) and Listing positioning and placement is determined by Lifetips in its sole discretion and is subject to change in Lifetips' sole discretion. Lifetips reserves the right to edit any titles and/or descriptions and to suspend and/or remove any Listing at any time for any reason.
Cancellation:
If you would like to cancel your Lifetips account you must send an email to [email protected] with the words "Cancel Account" in the subject line and your user name in the body. Your account will be canceled within approximately three business days. If you have been assigned a dedicated account representative you may cancel your participation by providing Lifetips with at least 7 days written notice. Notice to Lifetips must be sent to Lifetips, Inc. 2 Tree Farm Road, Newbury Ma 01922 Lifetips may cancel your participation in the Lifetips Ad Service at any time, by email notice to you, and Lifetips may cancel or suspend the Lifetips Ad Service at any time. If your account is inactive during any 90 day period, Lifetips may disable the Listing and will notify you via a message sent to the email address designated by you on the registration form.
Payment:
You agree to pay Lifetips an up-front, non-refundable set up fee in the amount set forth on the registration form. You also agree to pay Lifetips based on the number of click-throughs to the specified Web site generated via the Lifetips Ad Service. Such amount shall be determined by multiplying the number of click-throughs by your Bid Amount for each keyword and site purchased. You hereby authorize Lifetips to charge your credit card for your pre-determined account limit as well as pursuant to the terms set forth in connection with the Lifetips Ad Service and you agree to pay all such charges. Your pre-determined account limit shall be charged to your credit card on the same day in which you originally entered into this Agreement. If at any time, Lifetips is unable to charge your credit card, Lifetips may suspend or terminate your participation in the Lifetips Ad Service. If your account is reduced to $0 for 90 days or more, Lifetips may terminate your participation in the Lifetips Ad Service.
Representations and Warranties:
You represent and warrant that (i) you are authorized to enter into this Agreement and to make available to Lifetips the Listing, and (ii) you are the authorized owner or representative of the Web site(s) for which Listing(s) are requested.
You agree that your Web site(s) for which Listings are requested do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law, or that violate or infringe upon the rights of any third party, including intellectual property rights. You will be responsible for any claim arising from any material that you post or transmit via your Web site(s) and you will not hold Lifetips liable or responsible for the activities of visitors who access your Web site(s) via the Lifetips Ad Service. You also agree that Lifetips may rely on any communications made by you to Lifetips, including any revisions to the Listings, which are made using your user name and password, and Lifetips may assume that all such communications are authorized by you.
Indemnification:
You agree to indemnify and hold harmless Lifetips and its parent, subsidiaries, divisions, affiliates, employees, agents and representatives from and against any losses, costs, damages or expenses (including attorneys' fees) resulting from claims or actions arising out of or in connection with your Web site(s), the content contained therein, or your breach of any agreement, obligation, covenant, representation or warranty set forth in this Agreement.
Disclaimer:
Lifetips is not responsible for the content of any Listing, including, without limitation, any claims, errors or omissions therein. Acceptance of any Listing does not constitute any endorsement of any kind by Lifetips. THE LIFETIPS AD SERVICE AND THE LIFETIPS WEB sites ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE GENERATED, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER LIFETIPS NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSEES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE LIFETIPS AD SERVICE.
Limitation of Liability:
Lifetips shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of any Listing due to systems failure or malfunction, technological failure or malfunction of the Lifetips network of sites or the Web, or any other circumstances outside of Lifetips' control. Lifetips will not be responsible for any unauthorized use of the Listing by third parties, including without limitation, unauthorized reproduction and/or tampering by network "hackers." Lifetips' liability for any failure to position/place a Listing or for any error in any Listing shall not exceed the amount charged by Lifetips with respect to the Listing in question.
Ownership:
The materials used and displayed on the Lifetips Web site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Lifetips or its affiliates or licensors and are protected by copyright, trademark and other laws.
General:
You agree that you shall have no authority to make any promotional or merchandising reference to Lifetips, or any public announcement of any kind which references Lifetips, including, without limitation, press releases or company statements by you in any medium or manner, except with the express prior written permission of Lifetips in each instance. This Agreement shall be governed by the laws of the United States of America and the State of Massachusetts, applicable to contracts executed and performed entirely in the State of Massachusetts, without taking into effect its choice of law rules. Any dispute with respect hereto shall be resolved in the federal or state courts in Massachusetts and you hereby consent to the exclusive jurisdiction of such courts over you. This constitutes the entire agreement between the parties with respect to the subject matter hereof, and no statement, promise, or inducements made by either party or agent of either party that is not contained in this written Agreement shall be valid or binding. In the event any provision of this Agreement is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the other provisions of this Agreement will remain in full force and effect. You may not assign this Agreement without Lifetips' prior written consent.
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