Company With Clients and 3rd Party End-Users
Dated as of March 13, 2017
(Subject to change without notice)
Our company offers a unique new online technology for our direct clients and their 3rd party customers. The company provides online based, fundraising services by enabling its direct clients to create web-based ecommerce sites for content and to allow their 3rd party end-users the ability to sponsor, post profiles and photos for money. The company's innovative technology and service provides people, companies, groups and organizations an easy way to fundraise, including those based around events. At the same time, the company offers the group’s members, supporters, sponsors the opportunity to give as sponsors, join with their profile and share photos to groups with a laudable goal.
Our company, AdBook, LLC and its other related doing business names include Lets Sponsor (LetesSponsor.com) Ad Book Assistant (AdbookAssistant.com) AdBookOnLine.com, SchoolAdBook.com and TeamAdBook.com. The company names are effectively synonymous for the terms of this agreement and hereinafter are referred to as the Company or we or us or our. Anyone who is not us is you.
We create websites for our direct clients to raise money from their own 3rd party users. The relationship is depicted in the following graphic:
Us < ----you > Our Client < --- > The 3rd Party Users (and the public)
These Terms Of Service may, where obvious, accrue to our own direct clients as opposed to their 3rd party end users or the public. Thus, the Terms Of Service must also be applied and enforced by our direct client against their own 3rd party users or the public, to the extent that they use our technology to create their own web site and if we deem it to be so. We reserve the right to enforce these Terms Of Service against you or anyone.
Payments by the 3rd party users to our clients are sometimes intended for charity. Sometimes they may be considered a donation, for no particular value or for donor recognition or for promotional consideration or for a premium. And sometimes they are intended as traditional advertising, which can be tax deductible as a normal and ordinary business expense. We do not presume or decide how to treat payments or if they are treated the same in one case vs another. The system generates an automatic receipt with each transaction and each of our clients can and should customize that receipt to specify how they intend payments to be considered, although the treatment of payments as to their tax status may be up to the 3rd party user in each instance. We can accommodate (but not limited to) charities, association, for-profit and non-profit organizations groups or individuals. The system also accommodates (but not limited to) the public, members, donors, sponsors, profiles and their associates. The system can accommodate registered not-for-profits as well political or un-registered groups and individuals that operate on a not-for-profit basis. There is nothing in the system that prescribes or prevents registered or unregistered groups or for any particular tax treatment and we make no representations or warrantees that its users have any particular business, licensed, registration or tax-exempt status. The company presumes no particular tax-treatment for any sponsor or donor, for personal or business use. The company makes no distinction as to weather a payment is for the ordinary business purpose for consideration such as an advertisement or sponsorship, or as a gift or charitable donation or for no particular value at all or premium. All users are encouraged to consult primary sources as well as your own professional legal, accounting and tax counsel. We make no claim, offers no advice and provides no service as a legal, accounting nor tax professional. We make no claim as to any price, real or commercial value, premium of any profile, photo, “ad” or “sponsorship”, gift or donation. Our system may offer different pricing and services for self-declared professional not-for-profit groups as opposed to individual’s or for-profit entities or events. Our clients set up their own websites using our platform and service and set their own giving or price levels and receipts in each instance.
At this time offer our system for free to set up or use, we do collect a percentage of the transactions that are conducted through our system. Our Client, who’s site you are on, can set their own fees and fee structure or can offer features for free for you, the 3rd party public. Fees are generally set by our customer for placing ads or sponsoring, putting in end user’s profiles or contributing photos to a gallery. Transaction, software and hosting cost and fees by us may be deducted from the fees charged by you, our direct clients to you, the 3rd party end-user. So, if you pay to use the service the price you pay may be split between us and our direct client. All fee structures have a minimum percentage fee to us for processing and credit card and transaction cost for us and our credit card clearing company and profit. This fee to us is deducted from each transaction and is covered by our fee.
Fees are non-refundable and charged at the time they are submitted. In certain instances you can enter an ad or sponsorship, profile or post a picture or message, but it is not approved by us or our direct customer for any reason. Never the less you are charged your fee as an application for service. There is no refund for any reason including technical problems. If your posting is not approved or rendered there is still no refund.
The term ‘AdBook LLC’, ‘ADBOOK’, ‘AdbookAssistant.com’ ‘Ad Book Assistant’, ‘LetsSponsor.com’, ‘Lets Sponsor’, “AdBookEvent”, ‘SchoolAdBook.com’, TeamAdBook.com’ ‘AdBook.org’ or ‘Company’, or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website and its related business, namely AdBook LLC, an Illinois limited liability company. The term 'you' refers to anyone other than us, including our customer or a 3rd party end user or public viewer of a website hosted by us. For purposes of clarity, the term ‘you’ as used within this agreement includes, but is not limited to, you as an individual, your company or organization, and also refers to you as well as your organization, your agents, associates and privies. This website (including the root site and its pages, Lets Sponsor, and its related or tangential sites such as those created by our customers is operated and brought to you by us but we are not responsible for any of its content. We provide services to you subject to this TERMS OF SERVICE ("TOS "). All use of and services related to this site are extended and subject to these TERMS OF SERVICE. These TOS, and each part of them, may be updated by us from time to time without notice to you. All use and services are offered to you conditioned on your acceptance as posted from time to time on our web site(s) each time of use by you.
In addition, when using particular services, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. We also may offer other services from time to time that are governed by different Terms of Services. To the extent that the specific posted guidelines, rules, or Terms of Services on a particular web-page or by a client site contradict the Terms of Services contained here, these Terms of Services will control.
For purposes of the TOS, public listing does not refer to anything related to the stock exchange or financial market. Public listing refers to online listing for public view. We currently provides users with access to a collection of resources, including, the ability to become a member of the site, add a photo, comment, place an ad, create and edit/update their profile, and add their profile to an online public listing by “donating” or making payment by a 3rd party or subscribing (the "Service").
To add to or subscribe to other new locations or web pages, you must subscribe separately at each new location or web page while using the same or different account, name, user ID and or password. You also understand and agree that the Service may include “advertising” “ads” as generally defined in the US Patents No. 8,055,538 and 7,949,566, including statements of affinity, commercial or non-commercial speech and advertisements. You understand that the actual cost or value of an ad may not be equal to its commercial or fair market value and that those ads, as used in this TOS, may have their own intrinsic, personal or charitable value that is different than any other ad or posting of its price or of its type. You understand and agree that listing rank, color, description or position may not be based on the payor’s total payment The more you contribute or pay may not equal the higher your position and or larger ad.
You agree that we may permit as many or as few of you as we choose to be able to subscribe and add their profile, ads or images to any particular public listing. Also, you agree that we can set and change the number of items to be displayed at a time on each page. When a sponsor’s fee or subscription to a particular location ends, their profile's public display will end as well. We are not required to maintain a copy of any ad, sponsor, profile or image and we generally do not retain any information that can be retrieved. We may delete content when not in use.
1. Organizations & Individuals
Particular wording or references to parties should not be interpreted as limiting the provisions of this section in any way. Organizations and Individuals are bound by the same terms and conditions of the use of this Service to the degree that they apply. For-Profit Organizations and their Payors agree to adhere to the same obligations as Non-Profit Organizations and their Payors. Likewise, Payors and Payees shall each have particular duties and obligations which need to be fulfilled in order to be able to use this service.
Any compensation received by us shall be in consideration for a revocable non-exclusive non-transferable license that is granted to you to be able to use our hosting and technology.
We are under no obligation to fundraise for you or to act as you or your organization's agent or to be hired as an outside business to raise funds in your or your organization’s name. That is not our job nor our role. In the scope of matters related to fundraising, (including but not limited to soliciting, accepting funds, and holding funds) we shall only be deemed as an uncompensated agent for you.
We are not and will not be viewed as a charitable organization or trustee, commercial fundraiser, fundraising counsel, or co-venturer. At any time, the request for donations and intent thereof is and shall be made only to you or a member of your organization. The purpose of any contribution made to you or your organization is to facilitate the operation of you or your organization. For tax-deductible information specific to your situation, you must rely on your own independent investigation and you are hereby advised to take the opportunity to seek counsel and consult with your own legal, accounting and tax advisors. In some instances, Non-Profit Organizations can receive tax-exempt contributions and certain contributions may be fully tax-deductible. Our platform program can and should be formatted by you to reflect the user’s adherence to the applicable tax laws covering the type of user that you are. You should do your own complete evaluation of the standard forms that the system presupposes and not rely on the Company when making any legal or tax related decisions. No representations are made and none should be relied upon.
The term “advertise” means any message or other programming material which is broadcast or otherwise transmitted, published, displayed or distributed, in any medium, and which promotes or markets any trade or business, or any service, facility or product. Advertising includes messages containing qualitative or comparative language, price information or other indications of savings or value, an endorsement, or an inducement to purchase, sell, or use any company, service, facility or product. A single message that contains both advertising and an acknowledgment is advertising.
You and your organization are obligated to screen and ensure that all content is appropriate. Appropriate content is that which is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable. By default, you and your organization are obligated to facilitate you or your organization’s approval process. Our technology allows postings to be previewed prior to going “live” on line or turned off or deleted. We recommend that you use the preview service setting in each instance.
We do not offer any method for payment by check. Credit card only. If you or your organization chooses to receive payments by means of a check to you sent to you in the mail, you and your organization must keep their mailing address up-to-date and agree to deposit such check no later than 3 months from the time that it was issued. If you or your organization chooses to receive payments by credit card or direct deposit, you and your organization must keep their direct deposit account up-to-date and must cooperate with us in setting up the transfers. Typically, no fee will be required for direct deposit since we cover the transaction fee in our own fee to you. However if conditions change, you agree that a fee might be assessed.
Unless otherwise agreed to, you and your organizations agree that their payments shall be deducted by the per-transaction fee. In receiving and delivering payments to you or your organization, you and your organization authorizes us or our 3rd party credit card clearing company to act on the organization's behalf and to hold money until the time of payout, and to deliver payments to the you or your organization by means of direct deposit via a credit card, direct to your bank account or PayPal account using PayPal's Personal Send Money to a Friend option. You and your organization agree to not hold us liable and agree to indemnify us for any mis-delivery or errors attributed to you or your organization or our credit card processing company or PayPal. For Direct Deposit purposes, you and your organization agree that it is their sole responsibility to set up, maintain, and secure your own account. Generally speaking our service provides our customer’s with direct deposit into their own bank account. You will not hold us liable for any errors in payment for any reason, particularly if you do not properly enter your bank account, wiring instructions or tax ID.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such payee / payer, advertiser person or Sponsor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or Sponsors on the Service and you will hold us harmless, protect and defend us against any claims.
In consideration of your use of the our service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form or our representatives (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use or service (or any portion thereof). If the email address you supply is false, inaccurately spelt, inactive, or subject to measures that prevent the receipt of emails from us, you may not receive details of your account, notices or further important emails and your account may be terminated. We accepts no responsibility if information is not received.
We reserve the right to modify the fee schedule at any time, without prior to notice to you, and to charge for services based upon the new fee schedule from the time the new fee schedule is adopted and posted on the website. We reserve the right to terminate your access to the service or remove content if you fail to pay the appropriate fees or charges when due.
We cannot be held responsible for unwanted transfers of money made as a result of your negligence and can only regret that, due to the charges involved, we cannot make refunds for any payments accidentally made to any 3rd party or in any false place or manner.
Please note that if your payment card expires, the subscription may become automatically cancelled. To avoid this, please ensure that you enter the new card details on your account before the old one is removed or expires. You agree to keep card details up-to-date. PayPal may handles and keeps track of recurring payments automatically. PayPal accounts are not managed by us and we have no access to them. Please refer to the PayPal website for their terms and conditions. It is your responsibility to ensure that your subscription agreement remains active for the duration of the period that you wish to enjoy the benefits of the site.
If there is a dispute between you and PayPal or any credit card company regarding a payment which has already been made and which, as a result of, we have in good faith provided services, you will remain liable for those payments and in addition, a $150 charge per disputed payment will be applied. You will be billed for these amounts until payment is received in full or such amount may be deducted from any refund, and the highest legal rate of interest may be applied on a per day basis. Additional charges may also be made to take into account currency fluctuation. In the case of persistent non-payment, your debt or outstanding balance may be passed on to a third-party debt collection agency. This may affect your credit rating, and could result in legal action being taken against you or your organization.
There are no refunds. You acknowledge and agree that you will not be entitled to any refund under any circumstance. You agree that refunds are at our sole discretion.
You can create a profile through the website’s registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply. We may not maintain the ability to recover user names or passwords. Thus, if you loose your password you can no longer access your account.
The content of the pages of this website is for your general information and use and is provided as part of the TOS. It is subject to change without notice. This web based business is subject to this contract agreement in each instance. We reserve the right to accept or reject or terminate any contract for services. Our service is not for everyone. We restrict our services by size of group and our own determinations in each case. We do not support and will not accept certain relationships as a matter of conscience or belief, safety or security. Our acceptance of any relationship is not an endorsement of you and we are not a partner, agent, or fiduciary to you in any capacity. You agree to keep our confidential and trade secrets as confidential in the orderly way you keep your own confidential information confidential. We both agree to be bound by the duties of good-faith and fair dealing.
Your use of any information or materials on this website or that of any of our clients or groups or individual customers is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any ads, profile, statements, endorsements, promotional consideration, products, services or information made available through us meet your own specific requirements or objectives. No representations are made and none should be relied upon.
This website contains material which is owned by or licensed to us or used with permission of our clients or users. This material includes, but is not limited to, wording, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This site and all items published by the Company are subject to any and all applicable copyrights, trademarks, and patents of the Company. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. We own all rights to all content placed on our site and you assign us the exclusive use of your material including our reproducing, altering or reposting.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. You agree to act in a legal and appropriate manner at all times and in such a way as not to be disputed against you or us.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, colors, names, logos or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or organization from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, or defamatory. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any representation, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
You agree to not use the Service to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way;
3) impersonate any person or entity, including, but not limited to a Lets Sponsor official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12) "stalk" or otherwise harass another;
13) collect or store personal data about other users; or
14) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, any data on the Service, use of the Service, or access to the Service.
You agree not to disparage us in any way and for any reason on our sites or through our hosting or servers. You understand that any disparaging remark or ranking, true or not, may have a disproportionately negative result to us and you are liable for any loss or damage, including loss of business or good will and you will be liable for damages, both direct and consequential as well as our rights for injunctive relief.
You acknowledge that we do not and might not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, we and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
You understand, agree and acknowledge that we and our privies do not espouse or promote any particular content. We believe in freedom of religion and speech in all its forms and we despise hateful or degrading speech in any form. We are not the arbiters of taste or tact. We do not condemn or condone any content, nor are we technically or professionally able in any particular instance although we reserve the right to impose our own personal, professional or moral opinions upon your content in our sole discursions in each instance. You agree to be bound by any decision we make regarding your content in as much as we may censure it.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not guard against or protect the confidential nature of information through networks that are not in our direct control.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
BY USING THE OUR SERVICES, YOU AGREE TO ASSIGN, TRANSFER, AND CONVEY TO US THE ENTIRE RIGHT, TITLE, AND INTEREST OF ALL COPYRIGHTS TO ANY CONTENT THAT YOU PROVIDE TO ADBOOK. THIS ASSIGNMENT SHALL INURE TO THE BENEFIT OF ASSIGNEE, ITS SUCCESSORS, ASSIGNS, AND/OR OTHER LEGAL REPRESENTATIVES, AND SHALL BE BINDING UPON YOU AND YOUR RESPECTIVE HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. YOU WARRANT AND REPRESENT THAT YOU HAVE THE ABILITY AND RIGHT TO MAKE SUCH ASSIGNMENT AND THAT YOU HAVE NOT ENTERED INTO ANY ASSIGNMENT, CONTRACT, OR UNDERSTANDING THAT CONFLICTS WITH THIS PROVISION.
Subsequent use of your copyright for promotional consideration is permitted by you unless you are provided with such notice otherwise. In no event will use or publishing of your copyright or private information that we come by in the normal order of business be deemed a misappropriation. You will hold us harmless, protect and defend us against any claim or cause of action by use of your copyright information in any way. You understand and agree that Content is limited to what we allow at any given time.
This website may also include links to other websites or web pages. These links are provided as an integral part of our business and for your convenience to provide further information. They do not signify that we endorse any webpage or the website(s). We have no responsibility for the content of the web pages or linked website(s).You may not create a link to this website from another website or document without Company's prior written consent. We do not guarantee that links will be maintained or remain unbroken. You will remove links that are no longer in service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Any link that you provide to the public must resolve to an active page. You agree that links may be “no-follow” links.
You agree to indemnify and hold Lets Sponsor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, privies and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree that Lets Sponsor, in its sole discretion, may terminate your password, account (or any part thereof) or use of the website, and remove and discard any Content within the website, for any reason, including, without limitation, for lack of use or non-payment of fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also, in our sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service. You are free to terminate our relationship at any time and any termination is subject to both of our orderly disengagement and continuing obligations. No refund for unused service will be given.
You or your Organization may cancel their use of services at any time before the start of a new use project, publication or service period via their PayPal account. If account termination occurs part-way through a subscription Sponsor’s account benefits will remain active until the end of the current payment cycle.
Canceling a subscription cancels all future scheduled payments of that subscription. A subscription can be canceled up to the day of the next scheduled payment. In order to cancel a subscription created via PayPal, you must log in to your PayPal account and cancel from there. Once a subscription has been cancelled it cannot be reactivated. Once you set up your subscription through PayPal, we cannot vary the terms or rates of your subscription. In the event we need to make any changes, we will cancel your existing subscription and invite you to renew at the revised rate or period.
If a due subscription payment fails to be made, your account will be closed. Potential reasons for subscription payments failing include the card from which payments are made expiring, being cancelled, having insufficient funds available, or changing the funding source. Three attempts will be made by PayPal to process the transfer you arranged with them. If all three attempts fail then your account will be closed, usually within 48 hours. If you still wish to use the site you will need to create a new subscription.
iii. Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of days that Content will be retained by the Service, the quantity of Content that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
This TOS constitutes the entire agreement between you and us / Lets Sponsor and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois, city of Chicago and that all processes and proceedings will be held there. In the (unlikely) event that a matter falls under the federal jurisdiction then we agree that any such matter will have venue and be heard in the city of Chicago, State of Illinois.
The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Where one or more terms are held to be void or unenforceable for whatever reason, any other terms not so held will remain valid and enforceable at law. In the event of a conflict in the terms between this TOS and any other terms or agreements, as may be the case given different client web sites, then this TOS will govern to the greatest degree.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ix. Proprietary and Intellectual Property Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The technology used by and in connection with our Services is protected by US Patents No. 8,055,538 and 7,949,566. Our names and logos and product and service names are trademarks of AdBook LLC. Without our prior written permission, you agree not to display or use in any manner our Marks.
The business of the Company and you is subject to the U.S. Patents No. 8,055,538 and 7,949,566 titled “Method and System for Creating Advertising Books” and similarly for creating “Ad” books, with several further patents pending. All rights under these patents are reserved by the patent “owner” or its assignee(s). Terms and terminology used by us may draw reference from these patents. You may not engineer around these patents. Your use of this website or the any of the Company or its affiliated services does not offer nor grant any license or permission to use the patents. Any use or invention arising out of the use of our material is and or will be deemed created, invented and owned by us or the Patent holder.
x. Representation and Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2) LETS SPONSOR MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5) YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PRIVACY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LETS SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or next day mail. We may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the web pages of our Service. Except as otherwise indicated in the TOS, You may must give your notice to us by writing by both email AND 2-day delivery by FedEx or UPS or registered mail to our registered representative:
Robert M. Wigoda, Esq.
Wigoda & Wigoda
150 North Wacker Drive
Chicago, Illinois 60606
(312) 263-3000 (t)
(312) 263-8489 (f)
(847) 942-4558 (c)
Lets Sponsor uses reasonable efforts to respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Infringement Department
Robert M. Wigoda, Esq.
Wigoda & Wigoda
150 North Wacker Drive
Chicago, Illinois 60606
(312) 263-3000 (t)
(312) 263-8489 (f)
(847) 942-4558 (c)
You agree that regardless of any claim, statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within six (6) months after such claim or cause of action arose or be forever barred. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Illinois, USA. In the event of any dispute you agree to the venue of the courts located in the City of Chicago in the State of Illinois, be it state or federal jurisdiction. You agree to forgo any trial by jury and will not seek one. Any dispute arising out of use of this website or our products or services is subject to 10 days prior written notice allowing us an additional 10 business days for us to cure any claim. In the event of any claim, loss or damage you agree to the four-step process of conflict resolution being (a) Notice to cure, (b) Professional mediation, (c) Professional binding arbitration and then and only then the filing of a legal action in the aforementioned court jurisdiction. All mediation and arbitration will be subject to the American Arbitration Association (AAA) rules and procedures with a 1-member board, proceedings held in Chicago, Illinois, USA. All claim disputes and any associated discovery, hearings, meetings or related business will be conducted in the City of Chicago, regardless of any other convenience, tribunal or opportunity.
This policy does not apply to the practices of companies that ADBOOK does not own or control, or to people that ADBOOK does not employ or manage. We may amend this policy from time to time without notice. BY PLACING AN AD, PROFILE, IMAGE OR CONTENT OR MESSAGE IN THROUGH OUR SYSTE OR ANY WEB PAGE WE CREATE YOU KNOWINGLY PUBLISH THAT SITE, PROFILE, PHOTO, AD OR MESSAGE AND WE ARE FREE TO USE THAT PUBLICK INFORMATION FOR ANY LEGAL POURPOSE.
Lets Sponsor collects personally identifiable information when you post an image, profile, message and/or register for an account on one of its online public listing sites, when you use certain or our products or services, when you visit our pages, and when you enter auctions, promotions or sweepstakes. We may also receive personally identifiable information from our business partners.
When you register, we may ask for various items of personal information, including but not limited to your name, address, zip code, telephone numbers, fax numbers, date of birth, and e-mail addresses, bank accounts, wiring instructions social security or tax ID, images, photos, passwords and messages. Once you register and sign in to our services, you are not anonymous to us.
Lets Sponsor also automatically receives and records information on our server logs from your browser including your IP address, our cookie information, and the page you requested.
We may use information for three general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services, and to contact you for Notices or about system changes, technical alerts, specials and new products.
We will not sell or rent your individually personally identifiable information to anyone. We may send individually personally identifiable information about you to other companies or people when:
We may share your personal information to any person, group or organization that you, yourself, have identified with or are a member of or to whom you have donated or advertised with. Once you have permitted us to publish your information then your personal information is generally available to the public in association with our services or by, with or for a group you have identified yourself with then we may aggregate that personal information for any commercially reasonable purpose. Such permission to publish the information you have provided may not be revoked.
We may set and access cookies on your computer. We may allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.
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