Welcome to the
SunlightAds.com website (Site), a subsidiary of Soud Financial
Enterprises, Inc. (SFE). Please read the following Terms of Service
carefully before using this Site or opening a SunlightAds.com account
("Account") so that you are aware of your legal rights and obligations
with respect to SFE and its affiliates and subsidiaries.
BY USING THIS SITE OR
OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS
TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU MAY NOT
OPEN AN ACCOUNT OR USE THIS SERVICE.
SFE has the right to
revise this Terms of Service at any time without giving prior notice to
its users. Your continued use of this Site, or your Account, shall be
deemed irrevocable acceptance of those revisions. SFE reserves the
right to change, modify, suspend or discontinue any portion of this
Site at any time. SFE may impose limits on certain features or restrict
your access to parts or the entire Site in its sole discretion without
notice or liability. SFE reserves the right to refuse you access to the
Site or allow you to open an Account for any reason.
Limited License
SFE grants you a limited
license to access and use this Site subject to the provisions of this
Terms of Service. However, this license only allows you to use this
Site to buy or sell ads, and not to make any other commercial use or
any derivative use of this Site (including any of its individual
elements or content).
You may not use, frame
or utilize framing techniques to enclose this Site, or any individual
element or materials within this Site, including without limitation,
SFE's trademarks, logos or other proprietary information, the content
of any text, or the layout and design of any page or form contained on
a page without the express written consent of SFE. Furthermore, you may
not use any circumvention tools, meta tags or any other "hidden text"
utilizing a SFE name, trademark, URL, or product name without the
express written consent of SFE.
Accounts and Security
To use this Site, you
must register with SFE to open an Account. As part of the registration
process, each user will submit his or her email address and select a
password. You shall provide SFE with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach of this
Terms of Service, which may result in immediate termination of your
Account. You promise you will not (i) select or use the email address
of another person with the intent to impersonate that person; (ii) use
a name subject to the rights of any other person without authorization;
(iii) use an email address that SFE, in its sole discretion, deems
inappropriate or offensive; or (iv) breach any representation, warranty
or promise made by you in this Terms of Service regarding your Account.
You agree to notify SFE
of any known or suspected unauthorized use(s) of your Account, or any
known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your password. You shall be responsible for
maintaining the confidentiality of your password. It is your sole
responsibility to protect your password and not share your password
with any other person or entity. Accordingly, you understand and agree
that you shall be liable for any activity performed by anyone using the
Site with your email address and password.
SFE may immediately
terminate your Account, or suspend your access to your Account, in its
sole discretion and without notice, for conduct that SFE believes is: (i)
illegal, fraudulent, harassing or abusive; (ii) a violation of this
Terms of Service or any other policies or guidelines posted by SFE; or
(iii) harmful to other users, third parties, or the business interests
of SFE. Use of an Account for illegal, fraudulent or abusive purposes
may be referred to law enforcement authorities without notice to you.
You shall be liable for any activities on or uses of your Account even
if such activities or uses were not committed by you. If you file a
claim against SFE, or a claim which in any way involves SFE, then SFE
may terminate your Account. Upon termination of your Account by SFE for
any of the above-mentioned reasons, (i) you may not establish a new
Account for a period of one year from the date of termination, (ii) SFE
will have no obligation to notify any third parties regarding such
termination, and (iii) you will be responsible for any damages that may
result or arise out of termination of your Account.
You may only use this
Site and/or open an Account if your applicable jurisdiction allows you
to accept this Terms of Service.
Disclaimer
THIS SITE IS PROVIDED
"AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY
SFE 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, SFE 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, OR
THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF
VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER
HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS
WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL SFE BE
LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE
(WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT
LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA,
SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE
OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS
SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF SFE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH
RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO
TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE.
Some jurisdictions do
not allow the limitation of liability, so the foregoing limitation may
not apply to you.
Links to Third Party
Sites
The links provided
throughout the Site will let you leave this Site. These links are
provided as a courtesy only, and the sites they link to are not under
the control of SFE in any manner whatsoever. Therefore, SFE is in no
manner responsible for the contents of any such linked site or any link
contained within a linked site, including any changes or updates to
such sites. SFE is providing these links merely as a convenience, and
the inclusion of any link does not in any way imply or express
affiliation, endorsement or sponsorship by SFE of any linked site
and/or any of its content therein.
Term of Use
The license for use of
this Site is effective until terminated. This license will terminate as
set forth within this Terms of Service or if you fail to comply with
any term or condition of this Terms of Service. In such event, no
notice shall be required by SFE to effect such termination.
You understand that all
information included in advertisements placed through this Site,
including data, text, software, music, sound, photographs, graphics,
video, messages, tags, 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
SFE, are entirely responsible for all Content that you submit to be
placed as advertising on a third party web site, or otherwise upload,
post, email, transmit or make available through the Site. SFE does not
control the Content and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Site, you may be exposed to Content that you may consider to be
offensive, indecent or objectionable. Under no circumstances will SFE
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 on the Site.
Things You Agree To Do
In connection with your
use of the Site, when you publish ads you agree to:
-
Keep our ad serving
code on your site until all ads that have been sold on your site have
finished running.
-
Keep the site
description current on our site current to provide accurate
information to potential advertisers.
-
Approve or deny ads in
a timely fashion. When an ad is sold on your site it will immediately
start to be displayed. You have up to 48 hours to deny any
advertisement placed on your site. After that time, if you have not
approved or denied the advertisement, it will be automatically
approved. It is your responsibility to review all advertising that is
purchased for placement on your web site.
-
Accept the SFE's terms
for release of statistical information. Such information shall be
generally released for any given day on the next day. The click and
impression statistics are estimates and may be subject to revision due
to errors in processing or the discovery of fraudulent clicks.
-
Notify us via email if
you wish to permanently close your Account.
-
Accept the SFE's terms
for payment, which include deferring de minimus payments of less than
$25 in any given month to the following month, or until such time as
the payment reaches $25.
-
Receive periodic email
announcements from the SFE about ads sold on your site and changes to
the services provide by us.
In connection with your
use of the Site, when you buy an ad you agree to:
-
Write ads that do not
break the law or are offensive.
-
Rate the ads in line
with guidance provided by us to ensure that ads are displayed on
appropriate sites.
-
Check that the ad links
to the correct content
Things You Agree Not To
Do
In connection with your
use of the Site, you agree not to:
-
If you have sold
advertising space on your web site using the Site, remove the
SunlightAds.com ad code prior to the end of all paid campaigns.
-
Engage in any "click
spamming" (artificially inflating click counts or using any mechanism
or process to entice your site visitors to click advertisements placed
through the Site, or otherwise induce a visitor to click on an ad
other than when visitors are actually interested in the product or
service being offered). Click Spamming will result in your account
losing credit for said clicks, and your account may be terminated.
Further, if we determine that a link was purchased fraudulently, the
link will be removed and no payments will be made to the site owner.
We have a fraud detection team that works to detect fraud as early as
possible to minimize such circumstances. Any person making a
fraudulent purchase will be reported to the appropriate authorities
and banned from future purchases.
-
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;
-
Use the Site to harm
minors in any way.
-
Use the Site to
impersonate any person or entity, 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 Site.
-
Remove any proprietary
notices from this Site.
-
Cause, permit or
authorize the modification, creation of derivative works, or
translation of the Site without the express permission of SFE.
-
Use the Site for any
commercial purpose or the benefit of any third party or any manner not
permitted by the licenses granted herein.
-
Use the Site for
fraudulent purposes.
-
Attempt to decompile,
reverse engineer, disassemble or hack the Site, or to defeat or
overcome any encryption technology or security measures implemented by
the SFE with respect to the Site and/or data transmitted, processed or
stored by SFE.
-
Other than what is
permitted by the SFE, harvest or collect any information about or
regarding other Account holders, including, but not limited to any
personal data or information.
-
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
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
-
Upload, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party.
-
Upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," 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, cause a screen to "scroll" faster than other users of the
Site are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges.
-
Interfere with or
disrupt the Site or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Site.
-
Use the Site to
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law.
-
Use the Site to provide
material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act.
-
Use the Site to "stalk"
or otherwise harass another.
-
Use the Site to collect
or store personal data about other users in connection with the
prohibited conduct and activities set forth above.
You acknowledge that SFE
may or may not pre-screen Content, but that SFE and its designees shall
have the right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available on the Site.
Without limiting the foregoing, SFE and its designees shall have the
right to remove any Content that violates this Terms of Service or is
otherwise objectionable. 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. In this
regard, you acknowledge that you may not rely on any Content created by
SFE or submitted to SFE.
You acknowledge, consent
and agree that SFE 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 this Terms of
Service; (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 SFE, its users
and the public.
You understand that the
technical processing and transmission of the Site, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
Your Representations
and Warranties
You represent and
warrant that:
-
you possess the legal
right and ability to use the Service and/or place ads on your site,
and to enter into this Terms of Service and to comply with its terms;
-
you will use this Site
for lawful purposes only and in accordance with this Terms of Service
and all applicable laws, regulations and policies; and
-
you will only use this
Site on a computer on which such use is authorized by the computer's
owner.
Refund Policy
If you purchase an ad
and then contact us prior to the ad running to indicate that you no
longer wish to run the ad, SFE will cancel and refund the ad provided
that (1) it has not yet started to be displayed and (2) that SFE is
informed in a timely manner so that the ad can be canceled during
normal business hours prior to the ad start time.
Indemnity
You agree to indemnify,
defend and hold harmless SFE, and its subsidiaries, affiliates,
officers, parent companies agents, co-branders or other partners, and
employees (collectively, the "Indemnified Parties"), at your expense,
against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and
expenses (including, without limitation, reasonable attorneys' fees and
other dispute resolution expenses) incurred by any Indemnified Party
arising out of or relating to your (i) submission of Content to the
Site, (ii) violation or breach of any term of this Terms of Service or
any policy or guidelines referenced herein, or (iii) use or misuse of
this Site.
Severability
If any provision of this
Terms of Service shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
Copyright
SFE holds the copyright
for all copyrighted and copyrightable materials on the Site, including,
without limitation, the Site 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 the
United States and other copyright laws. SFE holds the copyright in the
materials as well as the collective work. The collective work includes
works that are licensed to SFE. The collective work may also include
works that are the property of SFE's licensors, which are also
protected by copyright and other intellectual property laws.
Trademarks
All trademarks, service
marks, logos, trade names, and any other proprietary designations of
SFE used herein are trademarks or registered trademarks of SFE. Any
other trademarks, service marks and trade names are the trademarks or
registered trademarks of their respective parties.
Miscellaneous
SFE reserves all rights
not expressly granted herein. SFE may modify this Terms of Service at
any time by posting the revised Terms of Service on this Site. Your
continued use of this Site shall constitute your acceptance of such
revised Terms of Service. You may not assign any rights granted to you
hereunder. Nothing in this Terms of Service shall constitute a
partnership or joint venture between you and SFE. The failure of SFE at
any time or times to require performance of any provision hereof shall
in no manner affect its right at a later time to enforce the same
unless the same is waived in writing. This Terms of Service shall be
governed by and construed in accordance with the laws of the State of
California without regard to its conflict of law rules. The United
Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act are expressly
disclaimed. Any legal proceeding arising out or relating to this Terms
of Service against or relating to SFE or any Indemnified Party under
this Terms of Service will be subject to the exclusive jurisdiction of
any state or federal court sitting in Los Angeles, California and you
irrevocably consent to the jurisdiction of such courts. The terms set
forth in this Terms of Service and any agreements included or referred
to in this Terms of Service constitute the final, complete and
exclusive agreement with respect to this Site and may not be
contradicted, explained or supplemented by evidence of any prior
agreement, any contemporaneous oral agreement or any consistent
additional terms.
If you have any
questions or concerns about this Terms of Service or any issues raised
in this Terms of Service or on the Site, please contacts us at:
admin@sunlightads.com
Governing law and
Jurisdiction
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the United States of America and the state
of Florida, without giving effect to any choice of law or conflict of
law provision or rule (whether of the state of Florida or any other
jurisdiction) that would cause the application of the laws of any
jurisdiction other than the United States or the state of Florida. By
using this Site, you consent to the jurisdiction of the state and
federal courts of Duval County, Florida, U.S.A. for any action or
proceeding arising under or relating to this Terms of Service, this
Site or the use of, or reliance on, this Site.