The Web pages available at NextAd.org and all linked pages (“Site”), are owned and operated by NextAd Media Group, and is accessed by you (“User”) under the following terms and conditions:
The NextAd Services contain Content provided by us and our licensors (“NextAd Media Group”). We and our licensors (which includes Publishers) own and retain all proprietary rights in the NextAd Services Content and the Services. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sub licensable license under the intellectual property rights, licensable by us to download, view, copy and print NextAd Media Group from the Services solely for your personal use in connection to using the Services. You agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; and (ii) rent, lease, loan, or sell access to the Services; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you. The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by our management or in connection with NextAd expressly designated for commercial use. If you provide NextAd any feedback regarding the NextAd Services, you hereby grant NextAd an irrevocable license to exercise any and all rights in or directly related to such feedback.
We have the right (but not the obligation) to review any Content and delete (or modify) any Content in our sole judgment or may violate the rights, harm, or threaten the safety of any person, or create liability for us or any person.
You will not: (i) cover or obscure any advertisements displayed by NextAd via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the NextAd Services or the networks or services connected to the NextAd Services; (iii) introduce software or automated agents to the NextAd Services for any purpose (including stripping or mining data from the NextAd Services); or (iv) interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of the NextAd Services. You will not attempt to impersonate another person in connection with the NextAd Services. You will use the NextAd Services in a manner consistent with (and in compliance with) any and all applicable laws and regulations. By using the NextAd Services, you represent and warrant that any information you submit to the Services is truthful and accurate.
Content from third parties is made available to you through the NextAd Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Your interactions with Publishers, Advertisers, or other users of the NextAd Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any Publisher’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any Publisher or Advertiser), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor such disputes.
You will not use any information obtained from the NextAd Services in order to harass, abuse, or harm another person, or in order to contact, advertise to (unless otherwise agreed to in writing by us), solicit, or sell to any person without their prior explicit consent.
The NextAd Services contain links to third party blogs and websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by Publishers. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the NextAd Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You acknowledge and agree that NextAd is not liable for any loss or damage which may be incurred by you as a result of the availability or unavailability of those external sites or content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or content or resources.
Use of the NextAd Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. The privacy policy can be found at http://nextad.org/privacy.html.
THE NEXTAD SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE NEXTAD SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE NEXTAD SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEXTAD SERVICES WILL BE ACCURATE OR RELIABLE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE NEXTAD SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIVE US DOLLARS ($5) AND THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You acknowledge and agree that NextAd owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless you have agreed otherwise in writing with NextAd, nothing in these Terms gives you a right to use any of NextAd’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “NextAd IP Rights”) in any manner or for any purpose. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by NextAd, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization (including, without limitation, any Publisher or other party with whom NextAd has a business relationship) in a way that violates such other party’s intellectual property rights or is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. NextAd shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NextAd’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with NextAd’s prior written consent.
