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READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO ALLOW YOU TO USE THE VEB TRAFFIC SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT.
Your use of the Veb Traffic Service is governed by the terms in this document (the "Agreement"). Together these documents constitute a legal, electronic contract between you and us, and your affirmative act of accessing the Veb Traffic Service signifies your agreement to be bound by this contract, which has the same force and effect as a written contract signed by you.
If there is any dispute about or involving the Veb Traffic Service, you agree that the dispute shall be governed by the laws of Nevis, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Nevis. The foregoing shall not prevent Veb Traffic from seeking injunctive relief in a court of competent jurisdiction.
BY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO THE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS IN NEVIS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE VEB TRAFFIC SERVICE.
a. The following apply in this Agreement :
-- "Veb Traffic Service" means the software application(s), code (in object or source code form, and instructions) provided by us, including any APIs and related documentation, data, content and services.
b. Changes to the Agreement.
- To the maximum extent provided by law, Veb Traffic may modify this Agreement at any time. You shall assume all responsibility in reviewing this Agreement periodically at http://Vebtraffic.com so that you will be apprised of any changes. If you continue to use the Veb Traffic Service after we post changes to these terms, you are signifying your acceptance of the new terms. If you disagree with any changes to this Agreement, you must discontinue your use of the Veb Traffic Service and provide written notice to us, and all rights and licenses granted to you under this Agreement terminate immediately.
You are required to register with us to obtain User Credentials. You may not use any additional User Credentials issued by us to you to circumvent any usage limits for the Veb Traffic Service. You must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple accounts. We may in our sole discretion reject any registration for any reason.
Only One account is allowed per individual, household, business or IP.
You agree that you will not assert or maintain against Veb Traffic.com or Veb Traffic.com clients, successors, assigns and licenses, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with your authorized use of my physical likeness and sound in the Picture as herein provided.Veb Traffic reserves the right to keep all the data related to your account even after you request the deletion of your account.
Veb Traffic does not share your information with 3rd party services, unless required to do so by law.
You hereby certify and represent that you are over 18 years of age and have read the foregoing and fully understand the meaning and effect thereof.
You may cancel your account to the Veb Traffic Service at any time. Your account will be deleted by Veb Traffic.com. Veb Traffic reserves the right to cancel an account without a prior warning if Veb Traffic suspects a violation in its terms.
The following terms apply to your access and use of the Veb TrafficService :
A. (i) all activity under your User Credentials and Your Products, (ii) keeping your User Credentials confidential and (iii) notifying us immediately if you believe your User Credentials have been misappropriated.
B. Usage limitations.
You shall abide by any usage limits that we may impose on the Veb Traffic Service, including without limitation, the number of times your User Credentials or Your Product may "call" or invoke the Veb Traffic Service. If you wish to exceed a usage limitation, you must obtain our prior written permission and you may be required to enter into a separate license agreement. We may change usage limitations at any time in our sole discretion.
C. End User Terms.
You shall agree to an enforceable end-user agreement (an "End User Agreement") that is protective of us and contains at least the following specific, minimum terms: (i) you, and not Veb Traffic, are responsible for Your visitors Veb Traffic Service resides with Veb Traffic; (vi) a disclaimer of indirect, special, incidental, punitive, and consequential damages; (vii) a complete and accurate disclosure to end users of the privacy practices and policy applicable to Your Products, and, (viii) such other terms as may be required by us.
D. Usage Data.
Our servers record information when you visit our websites or when Your Products or User Credentials call or invoke our services. This information may include, without limitation, the URL, IP address, browser type, User Credentials and access times and dates. We may use this information to promote, operate, and improve Veb Traffic.com services and properties, including the Veb Traffic Service, and deliver the services that you or the end users of Your Products have requested.
E. Cash and Credit commissions.
You are not allowed to earn cash or credits commissions from a referral with whom you have shared the same IP address or PayPal account.Veb Traffic reserves the right to reverse cash and credit commissions if it is found that you have violated the Terms of our Service. Cash commissions are only given if the referral uses a PayPal account for the purchase of premium products.
All VebTraffictechnology is proprietary and licensed. You are not allowed to reverse engineer VebTraffic Technology,
For purposes of this Agreement, the term "Trademarks" means all trademarks, trade names, service marks, logos, domain names, along with any other distinctive brand features of each party. You may use only the Trademarks that we specifically authorize you to use for the purpose of identifying Your Product's utilization of the Veb Traffic Service. The rights we grant to you under this Agreement constitute a nontransferable, non-sub licensable, nonexclusive license during the term of this Agreement to display such Trademarks solely as set forth expressly in any specific authorization. We may terminate or modify your right to use any specific Trademark at any time for any reason. Your license to use such Trademarks expires immediately upon termination of this Agreement, if we modify or withdraw such license in our discretion, or if you discontinue the use of the Veb Traffic Service. You may use our Trademarks only in accordance with our guidelines. You hereby grant to us a nontransferable, nonexclusive license during the term of this Agreement to use your Trademarks in our promotions or press releases (as determined by us in our sole discretion) regarding your participation in the Veb Traffic Service and to the extent that it is necessary for us to provide the Veb Traffic Service to you.
You may not use or allow or assist anyone to use the Veb Traffic Service in any way that (a) exceeds the usage restrictions set forth in this Agreement; (b) violates the terms of this Agreement; (c) violates the rights of others; (d) facilitates the generation of SPIM, SPAM, or other bulk unsolicited communications; (e) removes or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels from the Veb Traffic Service or from any content or materials on the Veb Traffic Service; (f) encumbers, sells, rents, leases, sublicenses, or otherwise transfer rights to the Veb Traffic Service or any aspect of the Veb Traffic Service; (g) attempts to decompile, disassemble, reverse engineer, or derive the source code for any software product provided by us to you in object code format only; (h) causes or enables the distribution of any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) facilitates illegal activities of any type, the distribution of pornography, online gambling, regulated activities without obtaining appropriate licenses from governmental authorities, sex lines, solicitation of minors, and any other activity determined by us in our discretion and judgment to be an inappropriate use of the Veb Traffic Service; (j) misleads or attempts to mislead users; (k) interferes with the rights of others to use the Veb Traffic Service; (l) use the Veb Traffic Service as a means to engage in conduct that reflects poorly upon, disparages or devalues our reputation or goodwill, as determined in our sole discretion; or (m) causes damage to or interferes with the proper functioning of any software, network or services provided by us. You may not use the Veb Traffic Service for any mission critical application where human life or property may be at stake. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.Vebtraffic can not be held liable for any content displayed through the Traffic peer to peer software. Adult and pornographic websites may not be promoted through the peer-to-peer software on Veb Traffic.
The Veb Traffic Service may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on the Veb Traffic Service are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
You warrant to us that: (a) you have the full legal power and authority to enter into this Agreement; (b) you own and/or have obtained the necessary legal rights to provide all content contained in your Submissions; (c) all information provided by you to us in connection with your registration for and use of the Veb Traffic Service is true and accurate; (d) that your use of the Veb Traffic Service, and Your Products (i) shall not be used in any commercially unreasonable manner; (ii) shall not infringe any intellectual property rights of any third party including without limitation, any right of privacy, publicity, copyright, trademark, or patent; and (iii) shall comply with all applicable laws, rules and regulations, including without limitation, consumer protection, data security, and privacy laws.
You understand and agree that we reserve the right to use whatever technical and legal remedies available to us to prevent abuses to the Veb Traffic Service. We reserve the right to investigate or monitor in our own discretion and by any means we deem appropriate (a) your compliance with this Agreement and (b) any activity or conduct that we believe violates the terms of this Agreement. In addition to any other rights that we may have in this section and in the Agreement, we reserve the right to request an audit to investigate compliance with this Agreement.
In consideration of the licenses granted herein, and other consideration provided by us to you under this Agreement, you covenant not to sue or otherwise assert any copyright, trademark and patent rights against us or any of our licensees for any alleged infringement during the term of this Agreement by any product or service that uses the Veb Traffic Service.
Your use of certain features of the Veb Traffic Service may be subject to a fee, which is disclosed in the section of the Veb Traffic Service (http://Vebtraffic.com). We may change the fees and/or add new fees from time to time in our sole and exclusive discretion. If you elect to use the Veb Traffic Service in a manner that is subject to a fee, you hereby agree to pay any and all fees described on the pricing page (http://Vebtraffic.com). We may terminate this Agreement without notice to you in the event you fail to pay the fees as set forth in this Agreement. All payments made by you under this Agreement shall exclude, and you shall pay, any sales, use, excise, gross receipts or other taxes associated with such payments or this Agreement.Veb Traffic Refund policy is 100% money-back guarantee on our subscriptions if you are not fully satisfied. Just send us a request from our support page.
AS IS. THE VEB TRAFFIC SERVICE (INCLUDING ALL SERVICES, SOFTWARE PRODUCTS AND APIS) ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. YOU ARE USING THE VEB TRAFFIC SERVICE AT YOUR OWN RISK. WE, OUR LICENSORS AND OTHER PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE VEB TRAFFIC SERVICE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE VEB TRAFFIC SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE VEB TRAFFIC SERVICE WILL BE CORRECTED. WE DISCLAIM THE IMPLIED WARRANTIES THAT THE VEB TRAFFIC SERVICE AND THE APPLICATIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VEB TRAFFIC SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOU BEAR THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND YOU ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
WE, OUR LICENSORS AND PROVIDERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE VEB TRAFFIC SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "VEB TRAFFIC GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE VEB TRAFFIC SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE VEB TRAFFIC GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE FOLLOWING AMOUNTS :
(A) ONE DOLLAR (US $1) FOR ANY SERVICE OR API PROVIDED AT NO CHARGE, IN WHICH THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT; OR
(B) FOR ANY APPLICATION PROVIDED FOR A FEE, NOT MORE THAN THE TOTAL AMOUNT PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC APPLICATION AT ISSUE.
You shall indemnify, hold harmless and, at our request, defend us and/or our licensors, officers, directors, employees, agents and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys' fees and costs) relating to your breach of any provision under this Agreement or otherwise arising out of your use of the Veb Traffic Service, including, but not limited to, any claim related to infringement or misappropriation of intellectual property rights, which includes but is not limited to, infringement by Your Product and/or any traffic or other content contained therein. We shall give you prompt notice of any such claim made against it, and you shall cooperate with us in the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof, provided that we must approve the terms of any settlement or compromise, and such approval shall not be unreasonably withheld.Veb traffic is not liable for the traffic it provides to your website.
VebTraffic makes no guarantees about the number of visitors that will be registered on 3rd party websites (e.g. YouTube, vimeo, etc..).Veb Traffic does not provide any guarantees whatsoever about the results you might receive when using Veb Traffic services.Veb trafficcan not be held liable for any damage that might be caused to a computer that runs the Veb Traffic software.Veb traffic can not be held liable for any damage caused to the websites promoted in the Traffic peer to peer system.Veb Trafficcan not be held liable for any other damage caused by the usage of this service.Guarantees about your results
YOU AGREE TO TRANSACT WITH US ELECTRONICALLY. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Veb Traffic Service.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
We have no obligation to provide support services for the Veb Trafficfree Service, although we may do so in our sole discretion. We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Veb Trafficfree Service. This Agreement does not grant you any right to any version enhancement update, or to a continuous availability of the Veb Traffic Service.
Your use of the Veb Traffic Service does not create any partnership, joint venture or agency relationship between you and us. Neither you nor we have the power to direct or control the day to day activities of the other or to create or assume any obligation on behalf of the other.
Sections 3(c), 4(a), 5, 8, 9, 10, 11, 13, 15, 17, 19-22, 24-27 and 28 – 32 shall survive expiration or termination of this Agreement. We shall not be liable to you for damages of any sort resulting from terminating this Agreement.
You agree that the laws of Nevis govern this Agreement and any claim or dispute that you may have against us, without regard to Nevis conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Country of Nevis and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
(a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
(b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement.
(d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
(e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion.
(g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.