Last Updated: 8 August 2008
Thewidgeteers.com website (the "website") is an online advertising network operated by The Widgeteers LLC ("The Company"), and is provided subject to your compliance with the terms of service set forth below.
Please read these terms of service carefully before using the services offered by this website.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVIC CONTAINED IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE OR DO NOT WANT TO BE BOUND BY THESE CONDITIONS, YOU MAY NOT USE THE SERVICES PROVIDED BY THIS WEBSITE.
The Company reserves the right to make changes to these terms of service at any time. These changes will be effective from the moment the modified terms of service are posted on this site. You agree to review these terms of service on a regular basis to remain informed of any changes and your continued use of the services provided by The Company shall be deemed conclusive of your acceptance of the modified terms of service.
1. Copyright, Licenses and Trademarks
The entire contents of the website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Company, its affiliates or other third party licensors.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any way, the material on the website, including text, graphics, code and/or software.
The only exception to the foregoing sentence is the code used to display the adverts on your site(s). However, you agree not to alter or modify it in any way.
Publications, products, content or services referenced herein or on the website are the exclusive trademarks or servicemarks of The Company. Other product and company names mentioned in the website may be the trademarks of their respective owners.
Any breach of the intellectual property rights owned by The Company will result in the immediate termination of your account with the website and may prompt criminal and/or civil prosecution.
2. Use Of The Website
You accept that The Company cannot and does not guarantee or warrant that files available for downloading through the website will be free of viruses, worms, trojans or other malicious code.
You also accept that you are responsible for implementing sufficient virus protection procedures and for maintaining a means external to your site for the reconstruction of any lost data.
You understand that you assume total responsibility for your use of the website.
The Company provides the service "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (this includes, but is not limited to the implied warranty of fitness for a particular purpose.) with regard to the service provided by the website, and The Company shall not be liable for any cost or damage arising either directly or indirectly from the use of the service. No verbal or written information or advice given by The Company will create or expand the scope of any warranty.
You agree that it is your responsibility to evaluate whether the services provided by the website are appropriate to the individual needs of your business or website.
You agree not to artificially inflate the number of pageviews that your site receives in order to increase the number of advertising credits that are earned by your account at thewidgeteers.com
Despite operating a policy of best endeavour, The Company does not warrant that the services provided by the website will be uninterrupted or free or errors.
The Company does not warrant, guarantee or make any representations regarding the use or the results of use of any or the services, or material published by the website in terms of accuracy, reliability or otherwise.
Neither The Company nor the author assumes responsibility or liability for the consequences of any action based upon any of the material published by the website, or for any loss that the reader of the material may suffer as a result of any omission, inaccuracy or contrary interpretation of the subject matter contained therein.
You agree that you assume complete responsibility for the use of the information contained in any of the material published by the website. You further agree not to include in your posts any text, graphics or other material that is sexually oriented or of an "adult" nature, gambling oriented, hateful or promoting hate and/or discrimination, degrading to any gender or age group or otherwise generally deemed offensive by the site owners.
3. Limitation Of Liability
In no event will The Company, its intermediaries, associates, affiliates or suppliers be liable for;
i) Any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if The Company or its authorized representatives have been advised of the possibility of such damages, or
ii) Any claim attributable to errors, omissions or other inaccuracies in the service and/or materials or information downloaded through the service.
As some countries, territories and states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to certain registered users of the website. In such situations, the liability of The Company is limited to the full extent permitted by law.
The Company makes no representations whatsoever regarding other third party websites which you may access through Thewidgeteers.com or which may link to this website. When you access a third party site that is external to Thewidgeteers.com, you accept that The Company has no control over the content or policies operated by the site in question.
A link to Thewidgeteers.com does not mean that The Company endorses or accepts any responsibility for the content, or the use, of the external site.
The entire liability of The Company, and the full extent of the purchaser’s remedy, shall be limited to a refund of the price paid for the service in question. The refund of a product is determined by the payment processor used to transact the purchase.
4. Indemnification
You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents, licensors, suppliers and any third party providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights
The provisions of paragraphs 2 (Use of the Website), and 4 (Indemnification) are for the benefit of The Company and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Termination Of The Agreement
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Trademarks), 2 (Use of the Website), 4 (Indemnification), 5 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
7. Choice Of Law
By registering and/or purchasing one of the advertising services offered by Thewidgeteers.com you are entering into a contract with The Company.
Thewidgeteers.com is operated by The Widgeteers LLC, a Limited Liability Company (LLC) registered in the state of Nevada, United States of America and by entering into a contract with The Company you agree that the contract shall be subject to, governed by and construed in accordance with the laws of the state of Nevada, United States of America.
In the event of any action arising out of a contract between you and The Company you agree to submit to the jurisdiction of the courts in the state of Nevada, United States Of America, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Nevada.
English shall be the official language of any contract between you and The Company and will be used to interpret the terms of the contract.
YOU ALSO UNDERSTAND THAT IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS THAT YOU HAVE THE OPTION NOT TO ENTER INTO A CONTRACT WITH THE COMPANY.
8. Miscellaneous
You agree that any legal action or proceeding between The Company and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Nevada, United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
The failure of The Company to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
