Please read the following Terms and Conditions carefully before using this Site or opening an advertiser and/or publisher account so that you are aware of your legal rights and obligations with respect to VitalAds and its affiliates and advertisers.
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes.
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 VitalAds 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 VitalAds if your account has been compromised in any way by a third party.
The VitalAds service may not be used except in the way it has been intended. 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 VitalAds, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the VitalAds Service. Under no circumstances will VitalAds 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 VitalAds Service.
You agree to not use the VitalAds Service to:1) upload, post, advertise, 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;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) upload, post, advertise, 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;
4) upload, post, advertise, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5) upload, post, advertise, 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;
6) interfere with or disrupt the VitalAds Service or servers or networks connected to the VitalAds Service, or disobey any requirements, procedures, policies or regulations of networks connected to the VitalAds Service;
7) violate any applicable local, state, national or international law.
VitalAds reserves the right to refuse in its sole discretion to affiliate with any publisher and no explanation need be provided. Publishers are not accepted if the site contains:1) Any offers for illegal activities, products or services.
2) Promotion of drugs, or any related paraphernalia.
3) Promotion of excessive profanity or violence
4) Promotion of discrimination or infringes on the legal rights of others.
5) Promotion or any attempt to profit from human tragedy or suffering, other than charity and awareness.
6) Promotion of incentives for users or third-party beneficiaries for online activities, but not limited to, completing offers, performing searches, surfing websites, reading emails, completing surveys, clicking on ads, or any activity that artificially enhances website/advertiser metrics.
7) Sites that are blank, under construction, page with raw coding/incorrect coding, or take too long respond.
8) Any content we deem not suitable for a PG13 audience.
Disclosure of Information
You acknowledge, consent and agree that VitalAds may 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 VitalAds its users and the public.
Links to Third Party Sites
This site contains links to other sites. VitalAds is not responsible for the privacy practices or the content of such websites once you have left our site. We cannot be responsible for any redirection or content changes over which we have no control.
This site and service are provided "as is" and without any warranties, claims or representations made by VitalAds of any kind, either express, implied or statutory with respect to this site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, VitalAds does not warrant that this site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected. You expressly understand and agree that your use of the VitalAds service is at your sole risk.
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, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.
Limitation of Liability
You understand and agree that under no circumstances, including, but not limited to, negligence, shall VitalAds and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any VitalAds site, materials or functions on any such site, even if we have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify and hold VitalAds 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.
Company holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the Company trademark, logo, design, text, graphics and forms, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under copyright laws. Company holds the copyright in the materials as well as the collective work. The collective work includes works that are licensed to Company. The collective work may also include works that are the property of Company's licensors, which are also protected by copyright and other intellectual property laws.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
The TOS constitutes part of the agreement between you and VitalAds and governs your use of the VitalAds service. You specifically agree and acknowledge that you have reviewed the terms under the Terms and Conditions and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.