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MadViral.com
Terms and Conditions
You should carefully read the
following terms and conditions. Your purchase or use of our products
indicate that you have read and accepted these terms and conditions.
1.
MadViral ("MadViral"), a division of Madvial Enterprize LLC,
owns ("which provides cooperative advertising, a means of
transferring information "on demand" across the Internet and other
services.
2. To become a member of the MadViral Autoresponder Service and/or
utilize MadViral services, you are required to agree to the following
Terms of Service. Your MadViral Services may immediately be terminated
by MadViral upon the breach of any of the conditions of the Terms of
Service, and the breaching user will, without more being done, be
removed and banned from further use of the MadViral Autoresponder
Service and shall forfeit any rights obtained from the MadViral
Services.
3. MadViral may modify this agreement at any time and in any manner.
Unless stated otherwise, any modification shall become effective
immediately upon your being notified of the modification. Notice is
deemed to have occurred upon either a posting of the change on the
MadViral web site, electronic mail or conventional mail which inform
you of the change. If any such modification to this agreement is
unacceptable to you, you may terminate your MadViral membership(s) as
specified in section 26 below immediately and without further penalty
or sanction. Your continued membership in the MadViral Autoresponder
Service, or any utilization of the MadViral Services following notice
of any modification to this agreement shall conclusively be deemed to
be an acceptance of all terms of such modification(s).
4. Becoming a member of the MadViral Autoresponder Service, AdBlaster,
Leads Program or otherwise using the MadViral Services shall
constitute an express acceptance of the terms and conditions stated in
this document.
5. You acknowledge that the free MadViral Autoresponder Service (If
Offered) is a free service supported by advertisers. Except
for paying members, when delivered each MadViral
Autoresponder message will display an ad either from a sponsor, another
MadViral member or from MadViral and every message contained in a
MadViral Autoresponder will indicate it is from MadViral when
delivered. The advertisements and information provided through the
MadViral Autoresponder Service are protected by copyright law,
international treaties and other relevant laws. The advertisements and
information you receive through the MadViral Autoresponder Service is
for your private and non-commercial use only. You will not resend or
further distribute the information that you receive without obtaining
the prior written consent of MadViral.
6. MadViral grants Members a non-exclusive, revocable license to apply
any icons, buttons, banners and web forms which MadViral makes
available to Members in Member's Account Headquarters to your web site
only. You are solely responsible for the development, operation, and
maintenance of your web site and for all materials that appear on your
website. You agree that MadViral cannot be held liable for any damage
done by the use or application of the aforementioned icons, banners,
buttons or web forms.
7. MadViral reserves the right to send you, from time to time, email
messages. Such messages may include MadViral system updates, flash
bulletins, order confirmations, administrative announcements, requests,
special offers and promotions from third party organizations that might
be beneficial, etc.
8. You will not yourself, or enable or authorize others to artificially
increase requests to any autoresponder participating in the MadViral
Autoresponder Service using any device, program, robot or other means.
All credits become active 72 hours after credits are earned. Anyone
found breaching this provision in any manner, this Agreement will
immediately be terminated, such user will be banned from further using
the MadViral Autoresponder Ad Exchange and shall forfeit any credits
and rights received from the MadViral services.
9. As a member you may optionally take advantage of a paid version of
the MadViral Autoresponder Service. Becoming a paid member allows you
to opt out of the MadViral Ad Exchange which eliminates ads from being
displayed with your MadViral Autoresponder messages. You acknowledge
that if you opt out of the Ad Exchange you will no longer receive ad
credits for your ad to be displayed in the MadViral Autoresponder
messages of other members.
10. If you choose a paid version of the MadViral Autoresponder Service
all payments must be in US dollars and withdrawable from a US bank. You
are responsible for providing up-to-date payment information. MadViral
will not be held responsible should the payment information you provide
become out-of-date.
You authorize MadViral to charge the credit card or the checking
account entered on the subscription form for those charges for the
MadViral Autoresponder Service, AdBlaster, Leads Program that may
accrue from month to month, or for any past-due balances, in order to
bring the account to current status. Credit card and checking account
payments will be billed and charged automatically and MadViral may
charge or withdraw the amount due from the provided card or checking
account at any time.
MadViral reserves the right to change the rate by notifying you at the
email address you provided MadViral, 15 or more days in advance of the
effective date of the change.
If you have a past due balance your service may be interrupted. Such
interruption does not relieve you from the obligation to pay the
monthly charge. Only a written email or phone request to terminate your
service which is confirmed by MadViral relieves you of your obligation
to pay the monthly account charge.
If you have a past due balance for 24 days or more your account is in
default. Accounts in default are subject to a late payment charge of
$25 and an interest charge of 1.5% per month on the outstanding
balance. If the subscriber's state law does not allow an interest rate
of 1.5% per month, the maximum allowable rate for the subscriber's
state will be charged. If a members check is returned by the bank as
unredeemable, the member will be deemed to be in default, and will be
liable for a "returned check" charge of $25. If your account defaults,
you agree to pay MadViral its reasonable expenses, including attorney
and collection agency fees, incurred in enforcing its rights under
these Terms and Conditions.
All files, information and email under the account will be preserved
for 24 days from the date the payment is due. If your payment is not
received after 24 days from due date, all files, information and mail
under your account will be deleted. If you wish to use the MadViral
Autoresponder Service, AdBlaster, Leads Program Service again, the
member must re-apply as a new member. You agree that any free trials
are not available in the event that you reapply for membership.
11. You understand and agree that MadViral does not issue refunds on
any portion or unused portion of a MadViral Autoresponder Service,
AdBlaster, Leads Program including but not limited to unused broadcast
emails and unused file attachments.
Note: Due to the nature
of our programs we do not give refunds, If you are going to
order and then ask for a refund Please leave this site now.
12. You agree that
MadViral has the right to delete all data, files or other information
that is stored in your account if your membership in the MadViral
Autoresponder Service is terminated, for any reason, by either MadViral
or you.
13. MadViral reserves the right to refuse to grant and/or continue
membership to any person or organization in the MadViral Services.
MadViral does not allow children under 13 years of age to join as
members of the MadViral Services. You will not yourself, or enable
others, to use any autoresponder participating in the MadViral
Autoresponder Service to distribute in any manner information on the
following Pornographic material; links or information leading to
pornographic material or web sites; information or promotion of illegal
activities; racism; promotion of unsolicited email in any manner;
harassment; intimidation; messages that are deemed offensive for any
other reason. You will not yourself, or enable others to, transmit any
information or perform any action, which may breach the legal rights of
others, including intellectual property rights, copyrights, trademarks
or privacy. You will not transmit any information or perform any action
which may prevent others from using the MadViral services.
14. MadViral reserves the right, at its sole discretion to review,
edit, or refuse to post any material or information as well as review
or edit any Autoresponder or ad rating level and/or subject
classification. In particular, MadViral reserves the right to reject
any ad that, in its sole discretion, is inconsistent with the
provisions of section 13 above.
15. The MadViral name, logo, software, databases, reports, web site,
and information are proprietary and MadViral retains rights therein. By
becoming a member of the MadViral Autoresponder Service or otherwise
using the MadViral services, you do not acquire any rights over such
MadViral assets, rights or licenses, other than what is explicitly
granted to you under this document. MadViral reserves the right to
restrict the use of its name, logo, software, databases, reports,
systems, lists, and any information created or obtained by MadViral.
16. The MadViral Autoresponder Service is personal in nature. You may
not resell, lease, rent, transfer, or otherwise provide access to, the
account or credits earned from use of the MadViral services, without
prior written approval from MadViral.
17. You agree that your Account information (name, Autoresponder
address, number of requests, etc.) may be used by MadViral, including,
without limitation, list of member Autoresponders, most requested
Autoresponder, new Autoresponders, etc.
18. MadViral promises to maintain the privacy of your personal
information in accordance with our Privacy Policy. The full extent of
our commitment can be found in the MadViral Privacy Policy, located on
the MadViral Web site at http//www.madviral.com/private.htm, which you
acknowledge that you have read and accept the terms therein stated.
19. All email address leads in the accounts of paid members of the
MadViral Services are held strictly confidential. The leads of paid
members are never released to any other parties for any purpose, unless
required by law. The lead information is only used on MadViral servers
to deliver the follow up or broadcast messages designated by a paid
member.
20. Affiliation Program Members of MadViral who own a web site are
eligible to participate in the MadViral affiliation program.
Participation is voluntary. MadViral reserves the right to refuse to
grant and/or continue participation rights to any person or
organization in the MadViral affiliation program. In particular,
MadViral reserves the right to reject any web site that is inconsistent
with the provisions of Section 8 above. MadViral grants Members
participating in the affiliation program a nonexclusive, revocable
license to apply the icons, buttons and banners pertaining to the
affiliation program to your web site only. You are solely responsible
for the development, operation, and maintenance of your web site and
for all materials that appear on your website. You agree that MadViral
cannot be held liable for any damage done by the use or application of
the aforementioned icons, banners or buttons.
Details regarding the MadViral affiliation program are located on the
MadViral Web site at http//www.madviral.com, which you acknowledge that
you have read and accept the terms therein stated.
21. While MadViral will make a reasonable effort to maintain a high
standard of quality for our services, the MadViral Autoresponder
Service is provided on an As-Is basis. MadViral makes no warranties of
any kind, either expressed or implied, as to quality of services,
quality and timeliness of ads, warranty of merchantability warranty of
specific use or for specific purpose.
Advertisements and information provided through the
MadViral Services may include information and links provided
by others. MadViral does not verify the accuracy of such information,
and providing such information or hyper-links cannot be construed as
support, backing or other endorsement by MadViral of such site and/or
information.
22. Under no circumstances, including negligence, shall MadViral, or
its parent company, its officers, directors, employees, agents,
partners or sponsors, be liable for damages of any kind, direct or
indirect, or loss of information that result from the use of, or
inability to use, the services of MadViral, for any reason.
23. Upon request of MadViral, you agree to defend, indemnify and hold
harmless MadViral, its parent company, its officers, directors,
employees, agents, partners and sponsors from and against any claims,
losses, liability costs and expenses (including but not limited to
reasonable attorney's fees) arising from your use of the MadViral
Autoresponder Service, the MadViral affiliation program, the Internet,
or a violation of any third-party's rights, including but not limited
to infringement of any copyright, violation of any proprietary right
and invasion of any privacy rights, or other breach of this agreement.
This obligation will survive any termination of this agreement.
24. The information provided by MadViral to you may be proprietary in
nature. You acknowledge that you are not a competitor of MadViral, and
agree not to share this information with any MadViral competitor.
25. Internet Conduct The following actions may result in the immediate
termination of your MadViral membership(s) without recourse (a) posting
messages that contain your MadViral address in Usenet newsgroups that
are unrelated to your product or service; (b) forging, your "From"
Address in an email message, or newsgroup posting, with any MadViral
address, (c) using as your "Reply-To" address in any email message or
newsgroup posting any MadViral address; (d) using as your "Remove"
address in any email message any MadViral address; or (d) sending
unsolicited email messages that contain your MadViral address. In
addition to termination of your membership, if MadViral suffers any
service interruptions as a result of your violation of these terms and
conditions you agree to pay $200.00 per hour until service is restored.
MadViral reserves the right to take legal action against any member
found violating this policy. You understand and acknowledge that you
are solely responsible for mail received and/or sent on your behalf.
MadViral will be the sole arbiter as to what constitutes a violation of
this provision.
26. Either you or MadViral may terminate your membership(s) at any time
without further penalty. Your only right with respect to
dissatisfaction with any aspect of MadViral is to terminate your
membership(s) by delivering notice in writing to MadViral, including
your legal name and user name. Cancellation will take effect only when
receipt of the cancellation request is confirmed by MadViral. If
MadViral denies you access to the MadViral Autoresponder Service, you
shall have no right (a) to obtain any credits otherwise due to you, and
such credits will be forfeited; (b) to access through MadViral any
materials stored on the Internet; or (c) to access any third-party
providers of information, services or merchandise on the Internet
through MadViral, and MadViral shall have no responsibility to notify
such third-party providers nor shall MadViral have any responsibility
for any damages that result from the lack of such notification.
27. A failure by MadViral to enforce your strict performance of any
provision of these Terms and Conditions will not constitute a waiver of
our right to subsequently enforce such provision or any other provision
of this agreement.
28. These Terms and Conditions are the entire agreement between you and
MadViral and supersede all previous representations, understandings or
agreements.
29. If any part of these Terms and Conditions is held unenforceable,
the rest of the agreement will continue in effect.
30. If any legal action is necessary to enforce these Terms and
Conditions, the prevailing party shall be entitled to reasonable
attorney fees, costs and expenses in addition to any other relief to
which it may be entitled.
31. This agreement shall be construed
under the laws of the State of Alabama. Any controversy arising from or
in connection with this agreement or the services provided by MadViral
shall be subject to exclusive jurisdiction in a court in Decatur,
Alabama..
e-mail
customer support. Phone customer support: Phone:
256-778-8350 (9am-5pm CST M-F)
Mailing Address: MadViral Enterprises,LLC
171 Early Rd. Hartselle, Al. 35640
Updated: 09-20-09
Cancellation
procedures for subscribers
In order for us to cancel your account we need a request submitted by email Or by phone.
Cancellations if made
must be given in an email letter to madviral101@gmail.com or phone 1-256-778-8350 7
DAYS BEFORE YOUR NEXT BILLING DATE!
Notification of cancellation by seller will be
sent by return email to buyer immediately upon receiving your phone
call or email of cancellation. If canceled by email The e-mail must
also include your telephone number, full name and physical address as
stated in your order information.
Cancellations after billing date has occurred the payment will be
stopped before the next billing cycle. If no notification is
given about cancellations then it will be assumed that all charges are
a continuing subscription.
Fraudulent Chargebacks
We take fraudulent chargebacks very seriously.
Should you fraudulently charge back your credit card we will
automatically charge you a $50 processing fee plus the maximum amount
of damages allowed by law. Furthermore, we will dispute the chargeback
with supporting documentation and report the fraudulent chargeback to
law enforcement authorities and related financial agencies.
Should we be unable to collect this fee we may
report your account to a collection agency (damaging your
credit) to collect it for us.
Customers who prematurely issue chargebacks for
non-delivery, mis-delivery, order cancellation, refund, exchange, etc.
without working through us or the delivery carrier, etc. are also
liable for chargeback fees. Failure to reverse a premature
chargeback will result in us turning the account over to collections
including a $50 chargeback fee and applicable collection fees and fines
as allowed by law.
Chargebacks should be the last line of customer
protection used in obviously fraudulent situations. Quickly
posting a chargeback or threatening to post a chargeback against us for
shipping mishaps, etc or situations out of our control - could be a
costly decision if used frivolously - and because of our business
ethics and customer care programs - should never be
necessary. Always work with us on issues - we are more than
happy to help as possible.
Acceptance
By purchasing any of our items, you acknowledge
reading and accepting these Terms and Conditions and you represent,
warrant and agree that you are not in violation of our terms of use
listed on this page. You further agree that, should you violate any of
these terms you will cause us damages equal to or greater than the
amount of your current purchase, which will be forfeited.
Madviral.com PRIVACY POLICY
We understand that
privacy online is important to users of our Site, especially when
conducting business.
This statement governs our privacy policies with respect to those users
of the Site ("Visitors") who visit without transacting business and
Visitors who register to transact business on the Site and make use of
the various services offered by www.MadViral.com (collectively,
"Services") ("Authorized Customers").
"Personally Identifiable Information"
refers to any information that identifies or can be used to identify,
contact, or locate the person to whom such information pertains,
including, but not limited to, name, address, phone number, fax number,
email address, financial profiles, social security number, and credit
card information. Personally Identifiable Information does not include
information that is collected anonymously (that is, without
identification of the individual user) or demographic information not
connected to an identified individual.
What Personally Identifiable Information is
collected?
We may collect basic user profile information from all of our Visitors.
We collect the following additional information from our Authorized
Customers: the names, addresses, phone numbers and email addresses of
Authorized Customers, the nature and size of the business, and the
nature and size of the advertising inventory that the Authorized
Customer intends to purchase or sell.
What organizations are collecting the
information?
In addition to our direct collection of information, our third party
service vendors (such as credit card companies, clearinghouses and
banks) who may provide such services as credit, insurance, and escrow
services may collect this information from our Visitors and Authorized
Customers. We do not control how these third parties use such
information, but we do ask them to disclose how they use personal
information provided to them from Visitors and Authorized Customers.
Some of these third parties may be intermediaries that act solely as
links in the distribution chain, and do not store, retain, or use the
information given to them.
How does the Site use Personally
Identifiable Information?
We use Personally Identifiable Information to customize the Site, to
make appropriate service offerings, and to fulfill buying and selling
requests on the Site. We may email Visitors and Authorized Customers
about research or purchase and selling opportunities on the Site or
information related to the subject matter of the Site. We may also use
Personally Identifiable Information to contact Visitors and Authorized
Customers in response to specific inquiries, or to provide requested
information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be
shared with other Authorized Customers who wish to evaluate potential
transactions with other Authorized Customers. We may share aggregated
information about our Visitors, including the demographics of our
Visitors and Authorized Customers, with our affiliated agencies and
third party vendors. We also offer the opportunity to "opt out" of
receiving information or being contacted by us or by any agency acting
on our behalf.
How is Personally Identifiable Information
stored?
Personally Identifiable Information collected by www.MadViral.com is
securely stored and is not accessible to third parties or employees of
www.MadViral.com except for use as indicated above. TrafficAgentServer
1.01
What choices are available to Visitors
regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited
information from or being contacted by us and/or our vendors and
affiliated agencies by responding to emails as instructed, or by
contacting us at customer support
Are Cookies Used on the Site?
Cookies are used for a variety of reasons. We use Cookies to obtain
information about the preferences of our Visitors and the services they
select. We also use Cookies for security purposes to protect our
Authorized Customers. For example, if an Authorized Customer is logged
on and the site is unused for more than 10 minutes, we will
automatically log the Authorized Customer off.
How does www.MadViral.com use login
information?
www.MadViral.com uses login information, including, but not limited to,
IP addresses, ISPs, and browser types, to analyze trends, administer
the Site, track a user's movement and use, and gather broad demographic
information.
What partners or service providers have access to Personally
Identifiable Information from Visitors and/or Authorized Customers on
the Site?
www.MadViral.com has entered into and will continue to enter into
partnerships and other affiliations with a number of vendors.
Such vendors may have access to certain Personally Identifiable
Information on a need to know basis for evaluating Authorized Customers
for service eligibility.
Our privacy policy does not cover their collection or use of this
information.
Disclosure of Personally Identifiable Information to comply with law.
We will disclose Personally Identifiable Information in order to comply
with a court order or subpoena or a request from a law enforcement
agency to release information. We will also disclose Personally
Identifiable Information when reasonably necessary to protect the
safety of our Visitors and Authorized Customers.
How does the Site keep Personally
Identifiable Information secure?
All of our employees are familiar with our security policy and
practices. The Personally Identifiable Information of our Visitors and
Authorized Customers is only accessible to a limited number of
qualified employees who are given a password in order to gain access to
the information. We audit our security systems and processes on a
regular basis. Sensitive information, such as credit card numbers or
social security numbers, is protected by encryption protocols, in place
to protect information sent over the Internet. While we take
commercially reasonable measures to maintain a secure site, electronic
communications and databases are subject to errors, tampering and
break-ins, and we cannot guarantee or warrant that such events will not
take place and we will not be liable to Visitors or Authorized
Customers for any such occurrences.
How can Visitors
correct any inaccuracies in Personally Identifiable Information?
Visitors and
Authorized Customers may contact us to update Personally Identifiable
Information about them or to correct any inaccuracies by emailing us at
contact
Can a Visitor delete
or deactivate Personally Identifiable Information collected by the
Site?
We provide Visitors
and Authorized Customers with a mechanism to delete/deactivate
Personally Identifiable Information from the Site's database by
contacting customer suppor t. However, because of backups and records of
deletions, it may be impossible to delete a Visitor's entry without
retaining some residual information. An individual who requests to have
Personally Identifiable Information deactivated will have this
information functionally deleted, and we will not sell, transfer, or
use Personally Identifiable Information relating to that individual in
any way moving forward.
What happens if the Privacy Policy Changes?
We will let our Visitors and Authorized Customers know about changes to
our privacy policy by posting such changes on the Site. However, if we
are changing our privacy policy in a manner that might cause disclosure
of Personally Identifiable Information that a Visitor or Authorized
Customer has previously requested not be disclosed, we will contact
such Visitor or Authorized Customer to allow such Visitor or Authorized
Customer to prevent such disclosure.
Links:
This web site contains links to other web sites. Please note that when
you click on one of these links, you are moving to another web site. We
encourage you to read the privacy statements of these linked sites as
their privacy policies may differ from ours.
We promise to protect your privacy.
DISCLAIMER AGREEMENT
The www.MadViral.com Web Site (the "Site") is
an online information service provided by MadViral.com
("www.MadViral.com "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. WWW.MADVIRAL.COM MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are www.MadViral.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to www.MadViral.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to www.MadViral.com by all means and in any
media now known or hereafter developed. You also grant to
www.MadViral.com the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against www.MadViral.com for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to www.MadViral.com.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of www.MadViral.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied
by www.MadViral.com, www.MadViral.com does not operate, control or
endorse any information, products or services on the Internet in any
way. Except for www.MadViral.com- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with www.MadViral.com a. You also understand that
www.MadViral.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. WWW.MADVIRAL.COM PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
WWW.MADVIRAL.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
WWW.MADVIRAL.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. WWW.MADVIRAL.COM HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WWW.MADVIRAL.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) 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 WWW.MADVIRAL.COM 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. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WWW.MADVIRAL.COM
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.MadViral.com makes no
representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access
a non-www.MadViral.com web site, please understand that it is
independent from www.MadViral.com, and that www.MadViral.com has no
control over the content on that web site. In addition, a link to a
www.MadViral.com web site does not mean that www.MadViral.com endorses
or accepts any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You agree to indemnify, defend and hold
harmless www.MadViral.com, its officers, directors, employees, agents,
licensors, suppliers and any third party information 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.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit of
www.MadViral.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information 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.
5.Term;
Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of United States applicable to
agreements made and to be performed in United States. You agree that
any legal action or proceeding between www.MadViral.com 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 United States . 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. www.MadViral.com's failure 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. www.MadViral.com may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Anti-Spam
Policy Notice
Spam
Laws
Zero-Tolerance
For Spam. Any account caught or accused of spamming will be
terminated immediately!
This Anti-Spam Policy Notice governs the use of
the web page at and its associated services, web pages, domains and
sub-domains, which are owned and operated by MadVial.com ("Owner").
Wherever this Notice refers to "users" it means "you", while "we" or
"our" refer to MadViral and "Web Site" refers to www.MadViral.com.
This sets forth our policy with regard to the use of "Spam" marketing
techniques in connection with Internet Marketing. In the event that we
deem you to be in violation of these policies, we shall immediately
revoke your rights and close any active account.
We have a strict policy against spamming. We forbid the sending of
unsolicited mass Emails or unsolicited Emails of any kind in connection
with the marketing of our programs, products and services.
We reserve the right to terminate your account and participation in our
programs "for cause" if we deem you to be in violation of our
anti-spamming policies. We also reserve the right to suspend your
account and participation pending review upon receipt of any complaint
or other evidence that you may be engaging in any spamming activity.
We consider spamming to be any activity whereby you directly or
indirectly transmit email messages to any email address that has not
solicited such email and does not consent to such transmission. We also
consider spamming to constitute posting advertisements in newsgroups in
violation of the terms of participation in such newsgroup, that are off
topic, or in newsgroups that do not specifically permit advertisements.
We also consider it spamming when advertisements are placed on message
boards or in chat rooms when they are not permitted by the terms of
participation in such message boards and chat rooms.
If you are "spammed" by anyone regarding our products, services, web
site, or any other matters, please report this activity to MadResponse
by visiting the web page at www.MadViral.com
COPYRIGHT NOTICE
1. This Copyright Notice governs the use of the
web page at and its associated services, web pages, domains and
sub-domains, which are owned and operated by MadViral.com ("Owner").
Wherever this Notice refers to "users" it means "you", while "we" or
"our" refer to MadViral.com and "Web Site" refers to www.MadViral.com.
If at any time the terms and conditions of this Copyright Notice no
longer acceptable to you, you should immediately cease use of the web
site where is located.
2. You acknowledge that the web page contains information and/ or
software, photographs, audio and video clips, graphics, links and other
material that are protected by copyright, trademark or other
proprietary rights of MadViral.com or third parties, including but not
limited to product names, logos, designs, titles, and words or phrases
which may be registered in certain jurisdictions (collectively, the
"Content"). You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or
accessed through . If you want to use any content of for any reason you
must obtain prior express written permission of MadViral.com.
3. You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any
way exploit any of the content, in whole or in part. Content consisting
of downloadable software may not be reverse-engineered unless
specifically authorized by MadViral.com or the owner of the software's
patent and or copyright. Subject to the provisions of this Copyright
Notice, you may post on the any content owned by you (such as your
original statements), content for which you have received express
permission from MadViral.com, and content in the public domain. You
assume all right and responsibility for determining whether any content
is in the public domain. You grant to MadViral.com the right to edit,
copy, publish, distribute, translate and otherwise use in any medium
and for any purpose any content that you place on without compensation
to you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
4. You may not download content on that is indicated to be for sale
except under the terms of the sale. Such content is the protected and
copyrightable property of MadViral.com. "Free" content may be
downloaded for your personal use or non-commercial distribution
consistent with the terms defined in this Copyright Notice. When using
both purchased and "free" content, you will maintain and include all
copyright and other notices contained in such content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any content is permitted without the
express permission of MadViral.com or the owners of such content or
their authorized persons if other than MadViral.com.
5. We are confident that you have understood your rights and
obligations in concern to the use of and that you agree with the terms
described above.
e-mail
customer support. Phone customer support: Phone:
256-778-8350 (9am-5pm CST M-F)
Mailing Address: MadViral Enterprises,LLC
171 Early Rd. Hartselle, Al. 35640
Updated: 09-20-09
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