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Please read these terms and conditions of use carefully before using this website. Your use of the Wall Directory website, having a “home page” located at www.walldirectory.com (the “Website”), is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”). By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website. |
- OWNERSHIP: This Website, and each of its parts, is the property of Of The Net, Inc. (referred to herein as “Wall Directory”), and/or its various third party members, affiliates, advertisers, merchants, customers, providers and distributors. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of Wall Directory and/or its third party members, affiliates, advertisers, merchants, customers, providers and/or distributors, as applicable. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the “Trademarks”) are registered or common law Trademarks of Wall Directory or its parents, subsidiaries, affiliates, advertisers, merchants, customers, providers or distributors, or other third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Wall Directory or such other party that may own the Trademarks.
- USE OF THIS WEBSITE
- The Website offers the ability to register an account with Wall Directory and become a member of its Website. By registering an account with Wall Directory and becoming a member of the Website, you will be entitled to purchase the right to publish an advertisement correlated with a set of 100 pixels (having dimensions of 10 pixels by 10 pixels) within the Website, including certain subdomains thereof. You will have the right to publish such advertisement, and publish modified versions and replacements thereof, within the Website for a period of twelve (12) months (the “Term”). The Term may be extended, as provided below, upon your submission of the requisite fees for such extended period of time.
- As a member of the Website, the pixel(s) that you purchase and publish advertisements correlated therewith may be located in a particular webpage, or section, of the Website, which is dedicated to a certain geographical area, such as a certain municipality, county, or state of the United States.
- The advertisement that you publish in the Website will be hyperlinked to a dedicated directory listing for you or your business (the “Directory Listing”). You will be responsible for populating your Directory Listing with the content that you desire, which must conform to the terms and conditions of this Agreement. Your Directory Listing will be published with other listings created by other members of the Website, and may be categorized with other listings based on geographical relevance, subject matter relevance, and/or other factors.
- Any unauthorized use of any content or material contained on this Website may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content or material on this Website, including its reproduction, modification, distribution, or republication, without prior written permission of Wall Directory, or other third party if applicable, is strictly prohibited. The use of such content or material on any other website or in any environment of networked computers is strictly prohibited.
- This Website may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization.
- Wall Directory does not accept responsibility for the content, materials and information published by others in this Website, including by any of Wall Directory’s third party advertisers, members, customers, affiliates, providers and distributors, which is accessible through the Website and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
- If any user of this Website interferes with others’ use and enjoyment of the services provided by Wall Directory, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Wall Directory will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Distribution of viruses, worms, Trojan horses and other destructive activities.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Other activities, whether lawful or unlawful, that Wall Directory determines to be harmful to its users, merchants, customers, affiliates, operations, service providers or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Website.
- Unless otherwise expressly authorized by Wall Directory, using this Website and/or the information contain therein to send unsolicited, commercial mass e-mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
- Although Wall Directory does not review or censor materials and information which is accessible on the Website or other websites which may be accessed from the Website, if Wall Directory becomes aware that a user of this Website is in violation of this Agreement, Wall Directory reserves the right to suspend or terminate such user’s access to this Website without notice.
- DIRECTORY LISTINGS
In connection with any material that you provide or publish within your Directory Listing, or within other areas of the Website, including all advertisements that you may publish therein ("Your Material"), you represent and warrant as follows:
- Neither Your Material nor any element thereof infringes the copyright, trademark or patent in any other work or violates any law or regulation;
- Neither Your Material nor the exploitation thereof will violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever;
- You own all rights to Your Material free and clear of any liens, encumbrances, and other third party interests, and any claims or litigation, whether pending or threatened;
- Neither Your Material nor any element thereof is pornographic, obscene, offensive to community standards, discriminatory, promotes violence or contains false advertising, hate speech or viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful programming language, and
- you shall honor, fulfill, and perform all offers for sale, promotions, discounts, and the like, which are included within Your Material.
- PRICING & RENEWALS
As of the date hereof, payment of $10.00 entitles you
- To publish an advertisement correlated with one hundred (100) pixels (having dimensions of 10 pixels by 10 pixels) within the Website, or certain subdomains thereof, for the duration of the Term and
- To publish a single Directory Listing within the Website that will be linked to your advertisement. You have the option to purchase additional blocks (sets) of one hundred (100) pixels (having dimensions of 10 pixels by 10 pixels) in exchange for a payment of $10.00, which may be used in connection with the same advertisement or a different advertisement that is published and correlated with the first set of one hundred (100) pixels purchased hereunder. Within thirty (30) days prior to the expiration of the Term, Wall Directory shall notify you, via your email address of record with Wall Directory, of any adjustments to the fees required to maintain the publication of your advertisement within the Website for the next succeeding year (following the initial Term). If you do not indicate that you wish to withdraw as a member of Wall Directory within five (5) business days from the expiration of the Term, your membership shall be automatically renewed, and you shall be required to submit the requisite payment for the right to publish the advertisement and Directory Listing for the next succeeding year following the Term. You agree that all fees paid to Wall Directory shall be non-refundable.
- ADVERTISING DISCLAIMER: You hereby acknowledge and agree that Wall Directory makes no representation or warranty of any kind regarding the effectiveness or quality of your advertisement or Directory Listing, or any advertising or promotion that you may undertake in connection therewith. For the avoidance of doubt, Wall Directory makes no representation or warranty of any kind regarding the number of visitors, commercial impressions, or “traffic” to your advertisement, your Directory Listing, or the Website. Furthermore, Wall Directory shall not be obligated to conduct any marketing, promotion, or advertising in connection with your advertisement, your Directory Listing, or the Website.
- AGE AND RESPONSIBILITY: You represent and warrant that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using this Website on your behalf.
- USER INFORMATION
Wall Directory reserves the right to collect, maintain, and use information that your web browser provides to Wall Directory’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser
you are using. Wall Directory may use such information in an aggregated form, such as to measure the usefulness an
d popularity of the Website. In addition, Wall Directory reserves the right to use personal information that you voluntarily submit to Wall Directory, including for the purpose of sending e-mail announcements, advertisements, and other promotional material.
- PRICING DISCLAIMER: While efforts have been made to make this Website helpful and accurate, due to the open nature of parts of this Website, and the potential for errors in the storage and transmission of digital information, Wall Directory does not warrant the accuracy of information obtained from this Website, particularly those contained or accessible within the directory listings of the Website (the content of which is managed by our members and not Wall Directory). For the avoidance of doubt, all product and service descriptions published in our Website, including those in the directory listings portions thereof, are the representations of our members, advertisers, merchants, customers or other third parties. Please note that actual products and services may differ from any picture, slide show, video, or other description contained in this Website. Wall Directory is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and other information relating to products and services offered by Wall Directory or its third party members, customers, affiliates, providers and distributors are subject to change without notice.
- EXCLUSION OF WARRANTY: Wall Directory AND ITS THIRD PARTY MEMBERS, ADVERTISERS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. Wall Directory AND ITS THIRD PARTY MEMBERS, ADVERTISERS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- LIMITATION OF LIABILITY: Wall Directory ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, SLIDE SHOWS, COUPONS, GIFT CARDS OR CERTIFICATES, VIDEO, OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL Wall Directory OR ANY THIRD PARTY MEMBERS, ADVERTISERS, MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST DATA OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY Wall Directory OR ANY THIRD PARTY MEMBERS, ADVERTISERS, MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- LINKS: While using this Website, you may choose to link to third party websites that are not affiliated with Wall Directory. Wall Directory is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, Wall Directory does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of Wall Directory, and Wall Directory does not endorse the contents of such third party websites in any way. Wall Directory is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.
- SYSTEM AVAILABILITY: Wall Directory makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, Wall Directory is not responsible for orders that are not processed or accepted.
- VIOLATIONS OF THIS AGREEMENT: In the event you violate or attempt to violate any part of this Agreement, Wall Directory reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. Wall Directory also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
- INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Wall Directory and its parents, subsidiaries, affiliates, officers, directors, employees, representatives and its third party merchants and customers from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of this Website and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
- Termination: Wall Directory has the right, but not the obligation, to immediately terminate this Agreement and remove Your Material from the Website, without notice, for any conduct that Wall Directory, in its sole discretion, believes
- Is in violation of any applicable law or jeopardizes the interests of another user of the Website, any third-party, or service provider of Wall Directory or
- Breaches any representation or warranty, term, provision, or condition of this Agreement. In the event that Wall Directory terminates this Agreement pursuant to this Section 15, you agree and acknowledge that your payment of the requisite fees to be a member of Wall Directory shall not be refunded.
- RESERVATION OF RIGHTS: Any and all rights not expressly granted to you in this Agreement are hereby reserved by Wall Directory.
- GOVERNING LAW: This Agreement and its performance shall be governed by the laws of the State of New Jersey, United States of America, without regard to its conflict of laws provisions.
- ASSIGNMENT: You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Wall Directory may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.
- MODIFICATION: Wall Directory may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.
- ADDITIONAL TERMS: Additional and/or different terms and conditions may apply to purchases of Wall Directory’s and/or any third party merchant’s goods and services and other uses of portions of this Website. If applicable, you agree to abide by such other terms and conditions.
- SEVERABILITY: These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and Wall Directory relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.
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