Agreement for Terms & Conditions
1. Introduction
Welcome to our web site (the "Site"). This Site is published and maintained by ForexPPC, as a service to its visitors. Applicable copyright and trademark laws protect the materials contained within this web site. The terms "The Company", or "Us" or, "We" or "Our" refer to ForexPPC, the owner of the Web site. The term "You" refers to the user or viewer of our Web Site.
2. Acceptance of Agreement
You hereby acknowledge and agree to be bound to the Terms and Conditions ("Agreement") with respect to our Site. This Agreement represents the entire and only agreement between ForexPPC and you, and displaces all preceding or contemporary arrangements, interpretations, assures and percepts in reference to the Site, the content, or services provided by or through the Site, and the substance of this Agreement. At any time, ForexPPC may alter this Agreement. Consequently, it is advisable that you should review this Agreement prior to utilizing the Site.
3. Access
Access and browsing through the Site does not require registration. However, access to reservation and/or contracting of certain applications and/or services will need prior registration as user within the application of this Site by means of the prior formalisation of the contractual relationship with the Company, which shall thereafter provide You with the login code and password for access.
The password, which is personal and non assignable, and in the event of application for a change thereof, must be generated by You pursuant to the rules concerning security and complexity established from time to time by the Company.
Should You select a password which does not fulfill the minimum requisites according to the Password Policies approved and in force at the Company, You will be warned about this failure and about the requisites to be met by such password in order to be effective.
Notwithstanding, the Site has available the necessary features so that You may change a password when deemed fit, for example, when it is suspected or ascertained that confidentiality of the password has been broken.
The set encompassing the login code and the password will only give access to the information available at the Site. Such set will not provide access to the information related or corresponding to You of the Site.
The password will be personal and non assignable. You undertake to make a diligent use of the password and to keep it secret. You will not provide the password to a third party. As a consequence, You are responsible for the adequate custody and confidentiality of any login codes and passwords which have been selected by them as Users of applications of the Company. You undertake not to share use thereof with third parties, on a temporary basis of for an indefinite period. They also undertake not to permit access by others. You will be responsible for the illegal use of the Site by any illegitimate third party who uses a password due to the negligent custody or loss of the password by You.
Based on the above, You will be obliged to immediately notify the managers of the Site about any fact which may allow the non authorised use of the login codes and/or passwords, such as theft, loss or non authorised access, in order to procure immediate cancellation. Until such facts are not notified to the Company, the latter will bear no liability arising out of the illegal use of the login codes or passwords by non authorised third parties.
Access to the Site by persons under 18 is prohibited, except where they have prior express consent from their parents, guardians or legal representatives, who shall be considered as responsible for the actions undertaken by the children under their custody, in application of the rules in force. In any event, access to the Site by a person under 18 will be reputed as previously and expressly authorised by the parents, guardians or legal representatives.
4. Copyright
The Company owns or has obtained the relevant license over the exploitation rights of the intellectual property of the Site, as well as over the intellectual property covering the contents, services and products available through the Site.
The access to or use of the Site or the acquisition of the services of the Company offered through the Site will never be reputed as a waiver, transfer, license or total or partial assignment of said rights by the Company.
As a consequence, deletion or manipulation of the legal copyright warnings and any other identification data of the rights of the Company or its holders included within the Contents and products is expressly prohibited. Deletion or manipulation of the technical devices, digital prints, water marks and any other information mechanisms of information and/or identification which may be included within the same is also prohibited.
All intellectual property rights are reserved. In particular, it is expressly prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transfer, use, treat or distribute by any means all or part of the Contents and products included in the Site, except that which is allowable under Section 5, for pubis or commercial purposes, except with the prior express written approval by the Company or, should it be the case, owner of the relevant rights.
5. Right to Use Limitation
You may be granted a limited, non-exclusive license to view, print or download of content, graphics, forms or documents from the Site for non-commercial use, but you may not republish, distribute, assign, sub-license, sell, prepare plagiaristic works or other use. You may not reproduce any part of any content, form or document in any form or incorporate into any information retrieval system, electronic or mechanical for resale or redistribution.
6. Indemnification
You acknowledge and agree to defend, indemnify, save and hold the Company, its subsidiaries, affiliates and each of their respective officers, employees, and/or agents (each an "Indemnified Party") harmless from any and all claims, lawsuits, demands, actions, charges, judgments, penalties, losses, costs, damages, including attorney's fees, interests, disbursements, and expenses of any kind and nature whatsoever that the Indemnified Party may sustain or incur by a third party by reason of any breach or alleged breach of any terms of service of this Agreement, your use or any other person, regardless of whether such person has been authorized by you, using your access to services, and for any act or omission of you which are in any way related to the services.
7. Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
8. Disclaimer and Limitations
You acknowledge and agree that your use of the Site, Content and third party affiliates is at your own risk. ForexPPC makes no guarantee and assumes no liability in relation to:
(i) the continuity of the contents of the Site;
(ii) the absence of errors in such contents or products;
(iii) the absence of viruses and/or remaining damaging components in the Site or in the Server supplying it;
(iv) the invulnerability or impregnability of the safety measures adopted therein; the lack of use or performance of the contents and products of the Web Site; and
(vi) the damages caused to itself or to a third party by a person violating the conditions, rules and instructions included by the Company in the Web Site or by virtue of the violation of the security systems of the Site.
Notwithstanding, the Company represents that it has adopted all necessary measures, within its possibilities and taking into account the state of the art, to guarantee the operation of the Site and avoid the existence and transmission of viruses and remaining damaging components to You.
Should You be aware of the existence of any illegal content, or which is contrary to law or which could entail a violation of intellectual property rights, it shall immediately notify such circumstance to the Company so that the latter may adopt the adequate measures.
Each component is available to you "AS IS" and, under no circumstances, will ForexPPC be held legally responsible for any situation that may arise from your use or from all implied or expressed representations or warranties of any kind with respect to the nature, reliability, or accuracy of such services or any implied warranty of merchantability, fitness for a particular purpose or use and non-infringement of proprietary rights.
ForexPPC disclaims any and all responsibility or liability for the accuracy, completeness, legality, reliability, or operability or availability of information or material displayed on the Site, as it is subject to your acceptance.
Under no circumstance will ForexPPC be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages resulting out of or in correlation with your use or any third-party use, inability to use, abuse or dependence upon, loss of sales, profits or revenue, loss of goodwill, loss of data or from the interruption, suspension, or termination of ForexPPC.
This limitation also pertains to damages acquired due to other goods, services, information and suggestions received through, advertised on, or links provided by ForexPPC or the Site.
9. Links
Links to other Web Sites
In the event they may find links in the Web Site to other sites by means of different buttons, links, banners, etc., the latter will be managed by third parties. The Company has no authority or human or technical resources to know, control or approve all the information, contents, products or services provided by other web sites linked from the Site.
As a consequence, the Company assumes no liability for any cause whatsoever in relation to any site linked from the Site, in particular, without limitation, about their operation, access, data, information, files, quality and trustworthiness of their products and services, their own links and/or any of their contents, on a general basis.
In this respect, if they have actual knowledge about illegal activities performed through these third party sites, they must immediately communicate this circumstance to the Company in order to cancel access to the links to such sites.
Establishment of any type of links from the Site to other sites will not be reputed as the existence of any relation, cooperation or dependence between the Company and the third party site.
Links on other sites to the Site
If any user, entity or Site wishes to establish a link the destiny of which is the Site it must comply with the following rules:
The Company has no authority or legal or technical resources to know, control or approve all the information, contents, products or services provided by other sites which have established links with the Site.
The Company assumes no liability of any kind for any aspect related to the site establishing a link to the Site and in particular, without limitation, about its operation, access, data, information, files, quality and trustworthiness of its products or services, its own links and/or any of its contents, on a general basis.
10. Confidentiality
The provisions and existence of all Insertion Orders will be maintained classified by both parties and neither party will issue any statement related hereto without the prior written agreement of the other party.
11. Use of Information
ForexPPC reserves the right, and you authorize us, to utilize and manage all information relating to your use of the site, and all information given by you in any manner that is in accordance to our Privacy Policy.
12. Changes to the Terms and Conditions
ForexPPC reserves the right to modify and amend these Terms and Conditions and/or Privacy policy or its other policies at any period at its sole judgment. You should access this page regularly to assess the terms since you are liable by such amendment or modification. Your regular visit and use of the site or Service after the insertion of any modifications or revisions to these Terms and Conditions and/or Privacy Policy will signify your approval of such changes and amendments. You must cease to use the site if you disagree to any amendments or changes of these Terms and Conditions and/or Privacy Policy.
13. Publisher Agreement
The Publisher acknowledges that their site does not infringe any pertinent local, state, national or international law or procedure.
The Publisher agrees not to take part in Click Fraud, Click Bombing, Click Spamming or give incentives for clicks.
The Publisher acknowledges that ForexPPC can go through every means to minimize or eradicate all fraudulent activity. ForexPPC declares no such Warranty of the absence of the above-mentioned activity.
The Publisher agrees to refrain from using text or graphics that incites user clicks and to put Ad Creatives on content sites away from the menu systems to avoid unintentional clicks.
14. Advertiser Agreement
The Advertiser is solely accountable for the content of its Ads.
Advertiser affirms and represents that
(a) it has all right, title and interest in and to the Ads;
(b) the application of the Ads by ForexPPC and its Publishers as reflected and approved hereunder will not violate on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; and
(c) all Ads are in conformity with all laws, regulations and ordinances ("Laws") of the United States and any other jurisdiction in which Advertiser manages its company.
The Advertiser agrees not to take part in Click Fraud, Click Bombing, Click Spamming or give incentives for clicks.
The Advertiser acknowledges that ForexPPC can go through every means to minimize or eradicate all fraudulent activity. ForexPPC declares no such Warranty of the absence of the above-mentioned activity.
The Advertiser acknowledges that cancellation of advertising will be accepted no less than three days prior to the initial day of flight.
48 hours advance notice is mandatory to make revisions to the campaign when it is running on any of ForexPPC's publishers' sites.
15. Payments
Ads are billed at the end of the contract or at the end of each month (for the part of the schedule that has been fulfilled for that month), which ever is shorter.
ForexPPC accepts Paypal, bank or wire transfers, as well as all major credit cards. Payment is due 30 days from invoice date.
All prices are quoted in $USD and exclude local taxes, which are the responsibility of You.