You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between You and dot818™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to You. The latest Agreement will be posted on the Site, thus, You should review the Agreement prior to using the Site. By your continued use of the Site, You hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. If You do not agree to be bound by the following terms and conditions of the Agreement, do not access or use this Site.
The Site is available only to individuals who can enter into legally-binding contracts under applicable law. By using this Site, You represent that You are not under the age of eighteen (18), and You further represent You have the capacity to be bound by these terms. If you are using this Site on behalf of a company or other entity, your use of the Site represents your acknowledgment of having the authority to bind such company or entity. By using the Site, You further represent You will refrain from placing or transferring any unlawful, offensive, threatening, defamatory, profane, or obscene material or any other material that may violate, or encourage violation of, any applicable law. Dot818™ assumes no responsibility or liability for any threat, defamation, profanity, obscenity, or other inaccuracy or misrepresentation contained in or resulting from such prohibited content.
Only by registering on the Site, completing the applicable dot818 Network Agreement as either an Affiliate or Advertiser, and receiving approval from dot818™, can You utilize the Affiliate marketing network and/or Advertiser network operated by dot818™ (the “dot818 Network”). The dot818 Network allows: (a) interested third party Affiliates including, but not limited to, marketers and publishers to obtain Creative Materials (as that term is defined in the applicable Network Agreement) for various Advertiser products and/or services and market such products and/or services on Affiliate websites and/or through other online media as authorized by dot818™; and (b) interested Advertisers and/or Advertiser agencies to work with third party Affiliates in connection with the marketing of their products and/or services. Dot818™ reserves the right to prohibit any conduct of its Affiliates. Notwithstanding the foregoing, dot818™ undertakes no responsibility to monitor or otherwise police the use of Creative Materials or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that dot818™ will not be responsible for such Creative Materials and other information. You agree that dot818™ shall have no obligations and incur no liabilities to You in connection with any Creative Materials and other information appearing in the dot818 Network or otherwise made available by and through the Site.
Please use caution, common sense and safety when using the dot818 Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-Users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-Users, Affiliates, Advertisers and/or other third parties, You hereby release dot818™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Dot818™ reserves the right, but has no obligation, to monitor disputes between You and other Site-Users, Affiliates, Advertisers and/or other third parties.
By using the Site, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Registration through the Site shall confer no right to participate as a dot818 Affiliate. Once approved as an Affiliate, You shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Creative Materials, the dot818 Network and other materials made available therein. Dot818™ may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Creative Materials, Site, any content featured therein or any portion thereof. Dot818™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or dot818 Network. You may not take any action that imposes an unreasonable or disproportionately large load on dot818™ infrastructure. Your right to use the Site is not transferable.
The Creative Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and dot818 Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Images of individuals exhibited on the Site are the property of, or used with consent by, dot818™. The copying, redistribution, publication or sale by You of any part of the Creative Materials, dot818 Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Creative Materials, content, document, software, services or other materials viewed at or through the Site and dot818 Network. The posting of information or material on the Site and dot818 Network by dot818™ does not constitute a waiver of any right in such information and/or materials. The Trademarks and Service Marks displayed on the Site and dot818™ Network are protected under trademark and other proprietary rights. Except as provided in this Agreement, any use of such Trademarks and Service Marks displayed on the Site and dot818 Network, without the written consent of dot818™ or third party owner of such Trademarks and Service Marks, is strictly prohibited.
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
You agree to indemnify and hold dot818™, its parents, subsidiaries, and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Creative Materials and/or dot818 Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Site-User, Affiliate, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of dot818™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf.
The Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site are provided to You on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, dot818™ makes no warranty that: (a) the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site will meet your requirements; (b) the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site will be uninterrupted, timely, secure or error-free; (c) You will qualify as either an Affiliate or Advertiser; or (d) the results that may be obtained from the use of the Site and/or dot818 Network will be accurate or reliable. While the Company uses reasonable efforts to maintain the accuracy and security of the Site, the Site may contain bugs, errors, inaccuracies, unauthorized alterations, problems or other limitations. We will not be liable for such inaccuracies, unauthorized alterations, bugs, errors, problems, limitations, or the availability of the underlying internet connection associated with the site and/or dot818™ Network. No advice or information, whether oral or written, obtained by you from dot818™ or otherwise through or from the Site, dot818 Network, any Affiliate and/or any Affiliate and/or Advertiser, shall create any warranty not expressly stated in the Agreement.
You expressly understand and agree that dot818™ shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if dot818™ has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the Site and/or dot818 Network; (c) the failure to qualify as either an Affiliate or Advertiser; and (d) any other matter relating to the Site, dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release dot818™ from any and all obligations, liabilities and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability of dot818™ to you under any and all circumstances will be five hundred US dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between You and dot818™. The Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site would not be provided to You without such limitations.
Any Creative Materials made available from or through the Site are or may be subject to United States export controls. No such Creative Materials from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Creative Materials from the Site, you are warranting that You are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.
The Site may provide and/or refer You to links to other Internet websites and/or resources. Because dot818™ has no control over such third party websites and/or resources, You hereby acknowledge and agree that dot818™ is not responsible for the availability of such third party websites and/or resources. Furthermore, dot818™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. Thus, when you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you.
Under the federal E-Sign Act and related state laws, with your consent, we can deliver required information and disclosuresto You electronically and can use electronic records and electronic signatures in connection with your transactions with us. Therefore, when an Affiliate completes our electronic form and clicks the “I Agree,” or “Submit” (or such similar button as may be used by dot818™ to accept its Agreement(s)), You are agreeing to submit a legally-binding e-signature and thus agree to be bound by the legal Agreement. By doing so, You acknowledge that your electronic submissions of information constitute your understanding of and intent to be bound by this Agreement, and You hereby waive your rights under any statutes, regulations, rules, laws, or ordinances in any jurisdiction that may require an original signature or delivery of non-electronic records.
If You do not agree to receive required information and disclosures electronically, or do not agree to use electronic signatures in connection with your transactions with us, You should not agree to the terms of this Agreement. If You do not consent to receiving the required information and disclosures electronically, or do not consent to the use of electronic signatures in connection with your transactions with us, we will not be able to proceed with the acceptance and processing of your transaction.
Any attempt by any individual, whether or not a dot818™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and dot818™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the terms or conditions of the Agreement, or the breach of same by any Party hereto, the Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the Parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any Party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against dot818™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney’s fees and court costs that dot818™ incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing You from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between You and dot818™ and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and dot818™. To the extent that anything in or associated with the Site and/or any dot818™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that where there is a conflict between the Agreement and any Network Agreement, the applicable Network Agreement shall take precedence on all matters. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.