Terms Of Service.
1. Description of service.
Bannerex provides an account and process for creating, displaying and earning credits (impressions), or money via pay per click, from advertising on your website. Although all adverts and link destinations are vetted, we cannot be held responsible for inappropriate content on third party websites.
2. Your obligations.
You may access the service provided if you are legally entitled to do so in your locality. This includes the requirement that you are of legal age to form a legally binding contract, which is formed when you open an account. You also agree that you are not barred from using Bannerex under the laws of your country. You agree to provide accurate, current and complete information as prompted by the Bannerex registration process and offered by the account maintenance options. If Bannerex has reasonable grounds to suspect that supplied information is inaccurate, or that you are not entitled to access the service, we reserve the right to terminate your account without warning and refuse you future access to the service.
3. Your account, password and security.
You are personally and wholly responsible for maintaining the confidentiality of your account password. You are also fully responsible for activities undertaken by yourself while logged into your Bannerex account. You agree to immediately take action to change your password if you are aware it is known to a third party. You also agree to contact Bannerex if your account has been compromised in any way by a third party.
The Bannerex service may not be used except in the way it has been intended. Manipulation of your account, to derive additional benefits beyond those intended by Bannerex are forbidden. Duplicate accounts are not allowed under any circumstances unless by prior consent.
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Bannerex, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Bannerex Service. Bannerex does not control the Content posted via the Bannerex Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Bannerex be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Bannerex Service. You agree to not use the Bannerex Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Bannerex Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
interfere with or disrupt the Bannerex Service or servers or networks connected to the Bannerex Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Bannerex Service;
intentionally or unintentionally violate any applicable local, state, national or international law,
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that Bannerex may or may not pre-screen Content, but that Bannerex and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Bannerex Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Bannerexmay access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Bannerex its users and the public.
5. Submitted websites and banners.
Websites submitted for inclusion into your account must meet quality and legal standards:
a) Must not redirect visitors to different content to that seen by the search engine, nor redirect them to a different URL to the one they click.
b) Must not attempt to deliver scripts or software to the visitor without their consent.
c) Must not attempt to hijack or otherwise alter the visitors browser.
d) Must not deliver excessive pop-up windows to the visitor on entry, use or exiting the site.
e)Must not contain or link to defamatory, racist, sexist, violent, pornogrphic or content that is illegal in your locality.
f) Contain, link to or initiate any other text, graphics or programs that are deemed unsuitable for a general audience.
g) We reserve the right to reject any advert text that by its own content, or the content of the site it leads to, compromises the standards outlined in this agreement, or any other accepted international standards for acceptable taste and deceny.
h) Must not lead to a competitors banner exchange or other advertising network. We reserve the right to refuse to display any adverts we consider competitive.
6. Bannerex code.
Use of Bannerex free banner exchange requires that the member upload a piece of code to their website in order to successfully participate in the service. You must not change, hide, otherwise tamper with the code as supplied in your account. The code must render adverts on your webpage so that they are clearly visible to visitors, and fully clickable. Bannerex reserves the right to deactivate any account they deem to not have complied with this requirement.
7. Proprietary rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained information presented to you through the the Bannerex service, or its advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Bannerex, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
8. Disclaimer of warranties.
You expressly understand and agree that: Your use of the Bannerex service is at your sole risk. Bannerex is provided on an "as is" and "as available" basis. Bannerex and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bannerex and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The service will meet your requirements;
(ii) The service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from Bannerex or through or from the service shall create any warranty not expressly stated in the TOS.
9. Limitations of liability.
You expressly understand and agree that Bannerex and its subsidiaries, affiliates, officers, employees, agents, partners and licensors 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 Bannerex has been advised of the possibility of such damages), resulting from the use or the inability to use the service.
You agree to indemnify and hold Bannerex and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise 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.
11. Modification of service.
You acknowledge that Bannerex may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by Bannerex. You further acknowledge that Bannerex reserves the right to modify these general practices and limits from time to time. Bannerex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bannerex service (or any part thereof) with or without notice. You agree that Bannerexshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Bannerex service.
11. Disclosure of information.
Bannerex may disclose you personal information, and supporting server access logs if (a) required to do so by a law enforcement agency (b) comply with a legal process or instruction (c) protect the rights, property or integrity of Bannerex, its users and the general public (d) to undertake specific investigation of questions raised through our customer service process.
12. External sites.
Bannerex may provide, or third parties may provide, links to other world wide web sites or resources. Third party links are also provided within the scope of the Bannerex service provided. Because Bannerex has no control over such sites and resources, you acknowledge and agree that Bannerex is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bannerex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Notice and procedure for making claims of copyright infringement.
Bannerex respects the copyright of others, and we ask our users to do the same. Bannerex may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bannerex's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Bannerex's Agent for Notice of claims of copyright infringement can be reached via our contact page.
14. General Information.
Entire Agreement. The TOS constitutes the entire agreement between you and Bannerex and governs your use of the Bannerex service, superseding any prior agreements between you and Bannerex with respect to the Bannerex Service. Choice of Law and Forum. The TOS and the relationship between you and Bannerex shall be governed by the laws of tNew Zealand without regard to its conflict of law provisions. You and Bannerex agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. Waiver and Severability of Terms. The failure of Bannerex to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
15. Refunds and payments.
Refunds will only be paid if no part of the impressions or clicks purchased have been used before the refund was requested. Payments from accounts can be requested any time your account balance is greater than $50. Payments will only be made to New Zealand bank accounts.
16. Cancelling Your Account.
Account cancellation requests will only accepted through the member helpdesk. so that they can be fully recorded.
17. Quality of linked sites.
Although Bannerex actively seeks to ensure the quality and integrity of websites within its network, through manual and automated checking procedures, Bannerex cannot be held responsible for the content and purpose of websites within the network. Bannerex makes no claims whatsoever regarding the content being linked to, nor do we police the intentions of the owners of those websites.
We have tools and sytems to actively monitor our members. Members may not artificially inflate counts to using any device, program, robot, repeated page refreshing, or any other means. Our advert code cannot be placed on a page that reloads automatically. The banner code may not be placed in newsgroups, e-mail, chatrooms or guestbooks. Only one instance of the code may be placed on a single webpage. Anyone caught artificially inflating traffic counts, or who we have strong evidence to suggest such, may have their account terminated immediately and without refund of account credit. Our decision in these matters is final.
19. Excessive displaying of adverts.
You may display ONE banner per URL. That is to say you may paste in our ad display code a maximum of 1 time per page.