*DISPLAY CAROUSEL TERMS OF SERVICE
Last Updated: 11/13/2007
This purchase gateway, including text, images, product descriptions, illustrations, design, files and audio and video materials ("Content"), contained in this Site and its advertisers and users, are subject to acceptance of and compliance with the following terms and conditions. And you signify your agreement and assent to these terms and conditions (the “Terms of Service”). Any of your personal and/or billing information submitted to the Site is subject to the Hy Lit Radio Technologies Inc. Privacy Policy, which can be reviewed here (policies). The terms for advertising on the *Display Carousel on this site and/or for the subscription and use of the *Display Carousel software and advertising medium is subject to the *Display Carousel Terms of Service. If you do not agree to any of these Terms of service, please do not visit or use this site.
These Terms of Service apply to all users, including advertisers, subscribers, and/or contributors of banners, picture information, video content, links, information, and other materials or services on the Site. The website you are about to advertise on, may contain links to third-party websites that are not owned or controlled by Hy Lit Radio Technologies Inc. Hy Lit Radio Technologies Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Hy Lit Radio Technologies Inc. cannot and will not censor or edit the content of any third-party site. By using the Site, you expressly relieve Hy Lit Radio Technologies Inc. of and from any and all liability arising from your use of any third-party website. Please be aware when you navigate away from the *Display Carousel. We suggest that you read the terms and conditions and privacy policy of every other website you visit.
A. Hy Lit Radio Technologies Inc. hereby grants you permission to use this Site as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Site in any medium without the Company's prior written authorization; (ii) you will not alter or modify any part of the Site, including but not limited to the Hy Lit Radio Technologies Inc. *Display Carousel or any related technologies or processes; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Site, including but not limited to the *Display Carousel advertising service available through this site, you will need to create a User Account. In order to create an Account, you must: (i) confirm your agreement to these Terms of Service; (ii) provide a valid email address, and (iii) provide any other information required by Hy Lit Radio Technologies Inc. during the registration process. You agree to update this information as needed to maintain its accuracy throughout the term of your use of the *Display Carousel service. You are solely responsible for any activity that occurs on your Account, and must maintain the confidentiality and security of your account and password. You must notify Hy Lit Radio Technologies Inc. immediately of any breach of security or unauthorized use of your Account. Hy Lit Radio Technologies inc. cannot and will not be liable for any losses caused by the unauthorized use of your Account.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Hy Lit Radio Technologies Inc. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site. You are also responsible for all Content that you may post on the *Display Carousel and activity that occurs under your Account. Personally identifiable information submitted by you shall not be sold or distributed to any third parties without authorization, in accordance with the Hy Lit Privacy Policy.
The Content on this Website, except all advertising submissions, including without limitation, the text, software, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks, and logos contained therein (“Marks”), are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hy Lit Radio Technologies Inc. reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of advertising submissions of third parties obtained through the Site for unauthorized commercial purposes. If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the *Display Carousel that limit its use, or any features that prevent or restrict the use or copying of its Content.
A. The Hy Lit Radio Technologies Inc. *Display Carousel system may now or in the future permit submission of advertising, text, graphics, videos, and photos by you and other users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. By uploading your content to the Site, whether or not such User Submissions are published, you agree and authorize the Hy Lit Radio Technologies Inc. *Display Carousel to allow users to view and share any submissions provided. Hy Lit Radio Technologies Inc. does not pre-screen Content, but Hy Lit Radio Technologies Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or to remove any submitted Content available via all Hy Lit Radio Technologies Inc. *Display Carousel Host web sites.
B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Hy Lit to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Hy Lit Radio Technologies inc *Display Carousels, you hereby grant Hy Lit Radio Technologies Inc. a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the User Submissions in connection with the Hy Lit Radio Technologies Inc. *Display Carousel systems. *Display Carousel Host Websites and Hy Lit radio Technologies Inc. (and its successor's) business, including without limitation for promoting and redistributing part or all of the Hy Lit Radio Technologies Inc. *Display Carousel (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Hy Lit Radio Technologies Inc. *Display carousel systems Host Websites a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Hy Lit Radio Technologies Inc. *Display Carousel system and Host Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hy Lit Radio Technologies Inc. all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hy Lit or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; or (iv) impersonate another person. Hy Lit Radio Technologies Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hy Lit Radio Technologies Inc. expressly disclaims any and all liability in connection with User Submissions. Hy Lit Radio Technologies Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Hy Lit Radio Technologies Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Hy Lit Radio Technologies Inc. also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law (e.g., pornography, obscene or defamatory material). Hy Lit Radio Technologies Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Hy Lit Radio Technologies Inc. software systems, you will be exposed to User Submissions from a variety of sources, and that Hy Lit Radio Technologies Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hy Lit Radio Technologies Inc. with respect thereto, and agree to indemnify and hold Hy Lit Radio Technologies Inc., its officers, directors, employees, agents, representatives, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
E. Hy Lit Radio technologies Inc. reserves the right to discontinue any aspect or service provides by Hy Lit Radio Technologies inc. at any time.
A valid credit card is required for registration of a User Account and for use of the Hy Lit Radio Technologies Inc. advertising service, including the *Display Carousel systems. Your account is billed either on a weekly or monthly basis depending upon the terms of your purchase/subscription as set forth in our pricing schedule, and all payments are cash non-refundable. There will be no cash refunds or credits for partial weeks of Service, or refunds for weeks unused with an open account. Accounts will be billed weekly or monthly starting on the date that the initial account is established, and the subsequent day/weekday as initiated, for the duration of the active account and advertiser renewal participation. Active account will be notified of renewal by e-mail, with a 48 hour window option to opt out of the renewal purchase time frame. All allowed refunds are subject to prior arrangements and authorization. Hy Lit may inquire as to the nature of the problem and reason for the refund. Any and all refunds will be for credit in the form of a standard make-good, or additional scheduling or re-scheduling, at Hy Lit Radio Technologies Inc. option.
YOU AGREE THAT USE OF THE HY LIT RADIO TECHNOLOGIES INC. SERVICES SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. HY LIT RADIO TECHNOLOGIES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. HY LIT RADIO TECHNOLOGIES INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 VIA ANY HY LIT RADIO TECHNOLOGIES SOFTWARE SYSTEMS OFFERINGS. HY LIT RADIO TECHNOLOGIES INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HY LIT RADIO TECHNOLOGIES INC. SERVICES, WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HY LIT RADIO TECHNOLOGIES INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE ADVERTISING SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE HY LIT RADIO TECHNOLOGIES INC. SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. HY LIT RADIO TECHNOLOGIES INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HY LIT RADIO TECHNOLOGIES INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. SPECIFICALLY, HY LIT RADIO TECHNOLOGIES INC. DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE HY LIT MEDIA CAPTURE SITE WILL BE CORRECTED WITHIN A SPECIFIED TIME PERIOD.
IN NO EVENT SHALL HY LIT RADIO TECHNOLOGIES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HY LIT RADIO TECHNOLOGIES INC. SERVICES, OR WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT HY LIT SHALL NOT BE LIABLE FOR USER ADVERTISEMENTS AND SUBMISSIONS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The *Display Carousel advertiser purchase Site is controlled and offered by Hy Lit Radio Technologies Inc. from its facilities in the United States of America. Hy Lit Radio Technologies makes no representations that the Hy Lit Radio Technologies Inc. systems and services are appropriate or available for use in other locations. Those who access or use the Hy Lit Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Hy Lit Radio Technologies Inc, any related corporation(s) and affiliate(s), their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Hy Lit Radio Technologies Websites or services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Hy Lit Radio Technologies Inc. services or Websites.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hy Lit Radio Technologies Inc. without restriction.
You agree that: (i) the Hy Lit Radio Technologies Inc. shall be deemed solely based in Pennsylvania; and (ii) the Hy Lit Website shall be deemed a passive website that does not give rise to personal jurisdiction over Hy Lit Radio Technologies Inc., its officers, directors, agents, and representatives, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Service shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Hy Lit Radio Technologies Inc. that arises in whole or in part from the Hy Lit Radio Technologies inc services or web sites shall be decided exclusively by a court of competent jurisdiction located in Montgomery County, Pennsylvania. These Terms of Service, together with any other legal notices published by Hy Lit Radio Technologies inc. on this or any Website, shall constitute the entire agreement between you and Hy Lit Radio Technologies Inc. concerning the Hy Lit Radio Technologies Inc. services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Hy Lit's Radio Technologies Inc. failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Hy Lit Radio Technologies Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Hy Lit Radio Technologies Inc. services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
*Patent Pending.
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