Please review these terms and conditions of service carefully before using trafficbox.com and the services thereon.
This document states the terms and conditions (these "Terms") upon which Traffic Box Advertising LP will provide services to you on the trafficbox.com website (the "Service"). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, joining and/or participating in (collectively "using") the Service, you express your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Service and cease using it.
WHEREAS, we have the Service for users of the Service to buy and sell internet traffic; and WHEREAS, you own and operate one or more websites (each "Your Website" and collectively "Your Websites"); and WHEREAS, you desire to sell to the Service traffic going from Your Website to the Service which will be directed to websites operated by other users of the Service ("Third-Party Websites") and/or you desire to buy from the Service traffic originating from Third-Party Websites going to Your Websites; and WHEREAS, we will grant you the use of the Service to buy traffic from and sell traffic to Service.
NOW, THEREFORE, in consideration of the recitals and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties make the following agreement:
You must be over eighteen (18) years of age to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service is further not permitted where prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.
2. Grant of Use; Termination
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Service, including all content and services available therein (the "Content"), on your computer consistent with these Terms.
This grant is terminable (including a partial termination or limitation) by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may, but shall not be obligated to: (i) delete or deactivate your Account (as defined below), (ii) block your e-mail and/or IP addresses or otherwise terminate your use of the Service, and/or (iii) take any other action to prevent your use of the Service. You may also terminate your participation in the Service by providing notice to us at any time. If you terminate for any reason, or if we terminate for cause, including for breach of any of the Participation Conditions (defined below), then we shall not be obligated to pay you any amounts owing to you. Upon termination by us, you agree not to use or attempt to use the Service after said termination. Upon termination for any reason, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. Pursuant to the terms herein, including Sections 11 and 12, you acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
You must create an account with us (an "Account") to use the Service to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request. By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.
You shall not use another person or entity's Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 11 and 12 herein, you hereby indemnify us and hold us harmless for any such unauthorized use.
4. Intellectual Property
The Content, including text, graphical images, photographs, music, video, software, databases, scripts and trademarks, service marks and logos contained therein, is owned by and/or licensed to us. All Content is subject to copyright, trademark, trade secret, and/or other rights under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights to our Content.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
5. Your Websites
In order to include Your Website in the Service (and, as a result buy and/or sell traffic), you must submit Your Websites for acceptance into the Service. We reserve the right to accept or reject Your Website from inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions (defined below). In addition to our right to terminate your grant of use of the Service, we reserve the right to terminate Your Website's inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions, with or without notice. In our sole discretion, we may give you a grace period to cure a breach of a Participation Condition, but we shall be under no obligation to do so.
You must properly categorize Your Website for resource type, niche and content type when you submit it the Service. Your Website shall be deemed "text" content type if it has no thumbs or other content on the page at all. If Your Website has mixed pictures and movie content, it shall be deemed as "movie" content type. You represent and warrant that all information you include with the submission of Your Website is true and correct.
You represent and warrant that you have the necessary ownership, licenses, permissions, rights and consents to submit Your Website to the Service and to authorize us to include Your Website in the Service for any and all uses contemplated by the Service and these Terms. You are entirely responsible for any of Your Websites you submit to the Service. You shall be solely responsible for any and all of Your Websites and any and all consequences of submitting them to the Service. We claim no ownership or control over Your Website. You or a third party licensor, as appropriate, retain all rights in and ownership over Your Websites and you are responsible for protecting your rights in and ownership over Your Websites as appropriate.
6. Participation Conditions
You and Your Websites must satisfy all of the following conditions, as well as the other terms, conditions and restrictions contained in these Terms, in order to qualify for participation and continued inclusion in the Service (the "Participation Conditions"):
a. You must have the necessary ownership, licenses, permissions, rights or consents to submit Your Website for inclusion in the Service and to use Your Website in the Service.
b. You must own or have the necessary licenses, permissions, rights or consents to use all trademarks, copyrights, trade secrets or other proprietary rights in and to the content (including its domain name) on Your Website.
c. You may not cheat, defraud or mislead us, or attempt to cheat, defraud or mislead us, in any manner. If you redirect traffic (or your creative leads) to the URL which contains unacceptable content your account can be frozen and you can be charged 1 USD for every unique surfer (impression) that your site has received from us per our count.
Prohibited content and activities include, but are not limited to:
a. Violating any local, state, national, or international law or regulation.
b. Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
c. Your Website may not contain any obscene, vulgar, illegal, unlawful, fraudulent, libelous, harmful, harassing, abusive, threatening, inflammatory, or otherwise inappropriate content as decided by us in our sole discretion.
d. Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
e. Knowingly transmitting any material that contains adware, malware, spyware, 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.
f. Stalking, harassing, or harming another individual.
g. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
h. Interfering with or disrupting the Traffic Box Website or servers or networks connected to the Traffic BoxWebsite, or disobeying any requirements, procedures, policies or regulations of networks connected to the Traffic Box Website.
I.Your Website must have substantial real content and not simply be "blind links."
j. Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Traffic Box Website in a manner that sends more request messages to the Traffic Box Website in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
a. Your Websites must abide by all applicable local, state, national and international laws and regulations. The generality of this provision shall not be limited by the other Participation Conditions.
b. If you are subject to EU Directive 2009/58/EC (the "EU Cookie Law"), you must provide clear and comprehensive information about the purposes of, storage of and access to cookies and related technologies used by Your Websites, including those technologies employed by the Service in conjunction with Your Websites, and receive the proper consent as required by the EU Cookie Law.
c. Your Website may not constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party (including the infringement of anyone's intellectual property rights), or otherwise create liability or violate any local, state, national or international law.
d. You may not send, transfer or otherwise initiate e-mails or other communications in violation of "spam" laws, including, for instance, the Can-Spam Act of 2003.
e. You may not use the Service in any way that may expose us to criminal or civil liability.
f. You may not use the service as a means of exchanging currencies.
a. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
b. Your Website may not be hosted on a free web host, with the exception of free blog hosts.
c. You may not use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Service.
d. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit to or from the Service.
e. You may not disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the Content.
You agree and acknowledge that we may use both manual and automated methods to ensure your compliance with the Participation Conditions. We retain the sole right, in our reasonable discretion, to determine whether you have complied with the Participation Conditions.
We reserve the right to take appropriate action against you for any breach of the Participation Conditions or other unauthorized use of the Service, including civil, criminal and injunctive redress in addition to termination of your grant of use of the Service. Any use of our computer systems not authorized by these Terms is a violation of these Terms and certain domestic, foreign and international laws.
7. Content on the Service
You understand and acknowledge that, when using the Service, you may be exposed to Content from a variety of sources including content made available on the Service by other users or by links to other websites on the internet, including other websites participating in the Service (collectively, "Third Party Content") and that we do not control and are not responsible for any Third Party Content. We assume no responsibility for the content, privacy policies or practices of the Third Party Content and their owners and operators. In accordance with Sections 11 and 12 herein, we also make no representation and warranty as to the accuracy, completeness or authenticity of information of the Third Party Content and we shall not be liable for any and all liability arising from your use of any Third Party Content.
You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
You understand and acknowledge that we assume no responsibility whatsoever to you for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such Content, have no obligation to modify or remove any such Content (including Third Party Content), and assume no responsibility for the conduct of the users submitting any such Content (including Third Party Content).
All Content on the Website is provided to you "AS-IS" for your use only as contemplated by these Terms and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
9. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amendments to the Service. The top of the Terms will indicate the date that amendments were last made. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
10. Indemnification and Release
To the fullest extent of the law, you accept full responsibility for, shall indemnify us and hold us harmless for any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that we believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise (hereinafter, collectively, a "Claim") by reason of, connected to, or arising in part or in whole out of any aspect of your use of the Service, Your Website's inclusion in the Service or your breach of these Terms (including the Participation Conditions). You shall indemnify us against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney's, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such a Claim.
In the event of a Claim under this Section, we shall be permitted to select legal counsel to in relation to such a Claim. We reserve the right to participate in the proceedings of any Claim subject to indemnification from you, but we shall have no obligation to do so. You shall not settle any such Claim without our prior written consent, which we shall not unreasonably withhold. In the event that you are involved in a dispute with any third parties, including any users of Your Websites, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
11. Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You expressly agree that your use of the Service is at your sole and exclusive risk. The Service is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, information accuracy, integration, interoperability and quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER SUCH DAMAGES ARISE FROM (i) YOUR USE, MISURE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE, (iv) THE TERMINATION OF THE SERVICE BY US, OR (v) THE TEMPORARY OR PERMAMENT SHUTDOWN OF YOUR WEBSITE OR OTHER WEBSITES PARTICIPATING IN THE SERVICE. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. WE FURTHER DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED $500.
12. Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the UK without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN THE UK.
a. Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice to or consent from you.
b. Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service. Notice is deemed to be received by you when it is sent by us. Except as explicitly stated otherwise, notices to us must be delivered by first class mail to [ADDRESS] or by e-mail to [EMAIL] and will be deemed to be received when actually received by us.
c. Force Majeure. Neither party shall be held responsible for reasonable delay or failure in performance of any obligation pursuant to these Terms caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war or other causes beyond the affected party's reasonable control.