1.BRANDESIGNS AND CLICKONCODY do not necessarily endorse, support, sanction,
encourage, verify or agree with the content, comments, opinions or statements
hosted by BRANDESIGNS AND CLICKONCODY customers, banner exchange participants,
advertisers, vendors or partners. Information, products, and services
offered, sold or placed online belong to the respective companies or individuals
who place them there and are not representative of BRANDESIGNS AND CLICKONCODY.
2.1 INTERACTION WITH BRANDESIGNS STAFF. Any threat,
vulgar and profane language directed at any BRANDESIGNS staff member through
phone or email may result in immediate termination of an account. Any
violation of this policy by any employee, contractor or third party programmer
of BRANDESIGNS should be reported immediately. Bottom line is let's work
together toward a mutually beneficial relationship and create a prosperous
and responsible Internet community.
2.2 Internet Service Provider. Brandesigns and ClickOnCody
act as an Internet service provider by creating, hosting, maintaining
and providing our Service to you via the Internet. We do not have any
control over the products or services that are paid for with our Service.
We cannot ensure that a buyer or a seller you are dealing with will actually
complete the transaction.
2.3 Identity Authentication. We use many techniques
to identify our users when they register on our site. Verification of
Users is only an indication of increased likelihood that a User's identity
is correct. You authorize Brandesigns and ClickOnCody, directly or through
third parties, to make any inquiries we consider necessary to validate
your registration. This may include ordering a credit report and performing
other credit checks or verifying the information you provide against third
party databases. However, because user verification on the Internet is
difficult, Brandesigns and ClickOnCody cannot and does not guarantee any
user's identity.
2.4 Release. In the event that you have a dispute with
one or more users, you release Brandesigns and ClickOnCody (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from any
and all claims, demands and damages (actual and consequential) of every
kind and nature arising out of or in any way connected with such disputes.
2.5 No Warranty. WE, OUR PARENT COMPANY, SUBSIDIARIES,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR PARENT COMPANY COMPANY, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Brandesigns and
ClickOnCody shall make reasonable efforts to ensure that requests for
electronic debits and credits involving bank accounts, credit cards, and
check issuances are processed in a timely manner and but we make no representations
or warranties regarding the amount of time needed to complete processing
because our Service is largely dependant upon many factors outside of
our control, such as delays in the banking system or the U.S. or international
mail service. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state. Additionally,
Brandesigns and ClickOnCody shall not be responsible for any errors or
omissions and reserves the right to make changes to content without notice.
2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR
PARENT COMPANY, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY
OF OUR PARENT COMPANY, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT
OF DIRECT DAMAGES.
2.7 Indemnification. You agree to indemnify and hold
Brandesigns and ClickOnCody, its parent company, subsidiaries, affiliates,
officers, directors and employees harmless from any claim or demand (including
attorneys' fees) made or incurred by any third party due to or arising
out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party
relating to your use of the Service.
2.8 Fees. All fees are set forth in the Fee
Schedule. All fees will be assessed in the currency of the payment.
Your account and all transactions are made and displayed in U.S. dollars
unless otherwise specified and may be subject to exchange rates. International
Use. International Users in some countries may not use the PayPal
Service to receive payments, and may only use the PayPal Service to send
payments. If you are an international user, you warrant that you are violating
no law or regulation by your use of Brandesigns and ClickOnCody.
2.9 Receiving Payments.
— Credit Card Funded Payments. By accepting a credit
card payment, you agree that you are responsible for the processing fees
and the payment if it is reversed. If such reversal occurs on a credit
card funded payment made to your account, we are required by law to reverse
the payment and may debit account balance to pay for the reversal. If
there are insufficient funds in your account balance, you agree to reimburse
Brandesigns and ClickOnCody through other means. Furthermore, you authorize
Brandesigns and ClickOnCody to debit your bank account for the amount
that you owe Brandesigns and ClickOnCody on transactions which were not
covered by a Seller Protection Policy and which were not recoverable from
your account balance.
—Removal of Expired Cards. We will notify you
of expired credit cards in your account and provide you the opportunity
to update those cards before we remove them as a funding source in your
account.
3. Privacy and Security. We do not sell or rent your
personal information to third parties for marketing purposes without your
consent and we only use Your Information as described in this Privacy
Policy. We view protection of users' privacy as a very important principle.
We understand clearly that you and Your Information are one of our most
important assets. We store and process Your Information on computers located
in the United States that are protected by physical as well as technological
security devices. We use third parties to verify and certify our privacy
principles. If you object to your information being transferred or used
in this way, please do not use our Services.
4 . Termination or Closing Your Account. You may close
your account at any time by upon written notice to Brandesigns or ClickOnCody
either through US Mail or confirmed e-mail. Upon closure of an account,
any pending transactions will be cancelled. Any funds that we are holding
in custody for you at the time of closure, less any applicable fees, will
be paid to you by check, assuming all withdrawal related authentication
requirements have been fulfilled (for example, you may not use closure
of your account as a means of evading withdrawal limits on new Unverified
users). You may not use closure of your account as a means of evading
investigation - if an investigation is pending at the time you close your
account, Brandesigns and ClickOnCody may continue to hold your funds for
up to 180 days as appropriate to protect Brandesigns and ClickOnCody against
the risk of reversals. If you are later determined to be entitled to some
or all of the funds in dispute, Brandesigns and ClickOnCody will make
an additional payment of those funds to you. You will remain liable for
all obligations related to your account even after such account is closed.
If you do not access your account for a period of one year, it will be
terminated. After the date of termination, we will use the information
you provided to try to send you any funds that we are holding in custody
for you. If that information is not correct, and we are unable to complete
the payment to you, your funds will be subject to applicable state laws
regarding escheat of unclaimed property.
5 . Remedies and Brandesigns and ClickOnCody's Right to Collect
From You. Without limiting other remedies, we may update inaccurate
or incorrect information you provide to us, contact you by means other
than electronically, immediately warn our community of your actions, place
a hold on funds in your account, limit funding sources and payments, limit
access to an account and any or all of the account's functions (including
but not limited to the ability to send money or make withdrawals from
an the account), limit withdrawals, indefinitely suspend or close your
account and refuse to provide our Services to you if: (a) you breach this
Agreement or the documents it incorporates by reference; (b) we are unable
to verify or authenticate any information you provide to us; (c) we believe
that your account or activities pose a significant credit or fraud risk
to us; or (d) we believe that your actions may cause financial loss or
legal liability for you, our users or us. Even if they have been recorded
as completed in the Recent Activity or History Transaction Log of your
Brandesigns and ClickOnCody account, transactions are not considered completed
until the funds have been charged to the customer's funding source (for
payments) or posted to the customer's bank account (for withdrawals).
In addition, Brandesigns and ClickOnCody reserves the right to hold funds
beyond the normal distribution periods for transactions it deems suspicious
or for accounts conducting high transaction volumes to ensure integrity
of the funds. If we close your account, we will provide you notice and
pay you all of the unrestricted funds held in your Brandesigns and ClickOnCody
account. Additionally, to secure your performance of this Agreement, you
grant to Brandesigns and ClickOnCody a lien on and security interest in
your account. In addition, you acknowledge that Brandesigns and ClickOnCody
may setoff against any accounts you own for any obligation you owe Brandesigns
and ClickOnCody at any time and for any reason allowed by law. These obligations
include both secured and unsecured debts and debts you owe individually
or together with someone else. Brandesigns and ClickOnCody may consider
this Agreement as your consent to Brandesigns and ClickOnCody's asserting
its security interest or exercising its right of setoff should any law
require your consent. The rights described in this section are in addition
to and apart from any other rights.
6. Assignability. You may not transfer any rights or
obligations you may have under this Agreement without the prior written
consent of Brandesigns and ClickOnCody. Brandesigns and ClickOnCody reserves
the right to transfer this Agreement or any right or obligation under
this Agreement without your consent.
7. Legal Compliance. You shall comply with all applicable
domestic and international laws, statutes, ordinances, regulations, contracts
and applicable licenses regarding your use of our Services. Please review
our Terms of Service for additional information.