Terms & Conditions
ATTENTION: Read these Terms and Conditions (these “Terms”) carefully before using the Ads On America™ website (the “Site”), purchasing a license to use Ad Space on the Interactive Ad Map (the “Ad Map”), using the Ad Map, or otherwise participating in the Site’s services (collectively, the “Services”). By going beyond the Site’s homepage or participating in the Services, you (“You”) are deemed to have agreed to and accepted these Terms. If You do not accept these Terms, do not use the Site or otherwise participate in the Services.
1. Venue; No Representations or Warranties. You understand that the Site is an electronic web services tool provided by Ads On America LLC, a Missouri limited liability company (“AoA”), and/or its licensors, which acts only as a venue for advertisers to upload, post, show, display, share and otherwise provide advertisements, text, audio, video, graphic files, image files, electronic media, web links, business summaries and/or other information (each an “Ad”) over the Internet. AoA does not screen any users utilizing the Services or verify any Ad supplied by users or published on the Site. Accordingly, You hereby acknowledge and agree that AoA makes no representations, guarantees or warranties (express or implied) as to: (i) the truth, accuracy, integrity, reliability, completeness or timeliness of any Ad submitted by users of the Site, (ii) the accuracy, reliability, completeness or timeliness of the Site or the Site Materials (as defined in Section 3), or (iii) You obtaining any specific results, benefits, profits or proceeds from using the Site or the Services or displaying an Ad.
2. Participation in the Services. Participation in the Services is subject to Your compliance and continued compliance with these Terms. AoA reserves the right to refuse participation to any user at any time in its sole discretion. By participating in the Services, You represent that You are at least eighteen (18) years of age.
A. Minimum Purchase. In the event You desire to utilize the Services, You must purchase a license to use at least one (1) county Ad Space on the Ad Map. For the avoidance of doubt, when You purchase Ad Space on the Site, You do not own any portion of the Site or the Ad Space; but rather, You are purchasing a non-transferable, non-assignable, revocable license to use the Ad Space on the Ad Map to publish Your Ad on the Site only in accordance with these Terms. Ads shall be delivered to AoA that are in accordance with these Terms and with the specifications required by AoA from time to time. In the event You submit an Ad to AoA that does not comply with these Terms or AoA’s communicated specifications, and the Ad has not been published on the Site, You will have fifteen (15) days from the date of notification thereof to submit to AoA a complying Ad. In the event AoA does not receive a new complying Ad from You within such fifteen (15) day period, you will receive a full refund of your Payment (as defined in Section 2.B) if your Ad has not been published on the Site and you will not receive a license to use Ad Space.
B. Payment. Each payment for the purchase of a license to use Ad Space (“Payment”) must be fully received and cleared before the Ad is published on the Site. Once Payment has been received and cleared and an Ad that conforms to these Terms and AoA’s specifications has been submitted to AoA, there may be a 48-72 hour delay before the Ad goes live on the Site; provided, however, that this time period may change in light of the number of Ad submissions.
C. Changes. You cannot change any Ad for a period of one (1) month following posting of the initial or any subsequent Ad on the Site; provided, however, that a change to an Ad may be made prior to such one (1) month period in the event of Your discontinuance of the business or web site associated with the Ad, material structural changes to the web site linked to an Ad, lawsuits or for other similar reasons at AoA’s sole discretion. A fee of $15.00 will be required for any changes to a posted Ad made at any time and for any reason. If an Ad conforming to these Terms is posted and the content thereof is later changed to a non-conforming use, AoA reserves the right to suspend and block the posting of the Ad so that You can submit a conforming Ad. In the event a new Ad conforming to these Terms is submitted to AoA within fifteen (15) days after You receive notification that the Ad is non-conforming, AoA will publish the confirming Ad on the Site. In the event You do not submit a new conforming Ad to AoA within such fifteen (15) day period, Your Ad will not be published on the Site, your license to use the Ad Space will be automatically terminated, and You will not be entitled to any refund.
D. No Refunds. AoA will not grant You a refund of any amount or for any reason in the event an Ad is submitted, accepted and published on the Site. You may cancel Your Ad and terminate Your license to use Ad Space at any time, but in such event You will not receive a refund of any amount and Your license to use the Ad Space will immediately terminate. If You have purchased Ad Space but cancel the Ad and Ad Space before the Ad is published on the Site, You shall receive a refund of Your Payment.
E. Alaska and Hawaii. Alaska’s and Hawaii’s size on the Ad Map is not to scale with the other continental U.S. states. Therefore, available Alaska boroughs and Hawaii counties will be sold by auction on eBay®.
3. Site Material; Copyright and Proprietary Rights. The Site, its contents, and its arrangement are (i) the property of AoA or its licensors, and (ii) protected by United States copyright and other intellectual property laws. All copyright, trademark, and other proprietary rights in the Site, the Ad Map and in the software, text, graphics, design elements, code and all other materials originated or used by AoA at or in the Site, other than the Ads, (collectively, the “Site Material”) are reserved to AoA or its licensors. All other trademarks or domain names not owned by AoA that appear on the Site or in an Ad are the property of their respective owners. User shall not modify, alter, reproduce, upload, post, transmit, download or distribute any part of the Site Material, or decompile, reverse engineer, or dissassemble the Site Material. You acknowledge that You do not acquire any license, ownership or other rights to the Site Material, except as specifically set forth herein.
4. User Ads; Standards of Conduct. You shall be responsible for Your Ads and for any consequences thereof. By way of example, and not as a limitation, You agree that when using the Services and publishing Ads on the Site, You will not: (i) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (ii) post any topic, name, material, information, software, Ad or other content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) post information, software, an Ad or other material that You do not have a right to make available under any law (including patent, trademark, trade secret or copyright law) or under contractual or fiduciary relationships; (iv) post any material that contains 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; (v) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (vi) falsify, forge or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of an Ad that is posted; (vii) interfere with or disrupt the Site or servers or networks serving the Site; or (viii) violate any applicable local, state, national or international law.
5. AoA’s Responsibility; License. You understand that AoA is not responsible for the content of Ads posted on the Site, and therefore, accepts no responsibility or liability for any Ad or Ad material or content that may reside on the Site. However, by posting an Ad to the Site, You agree to and hereby grant, and You represent and warrant that You have the right to grant, AoA a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to reproduce, use, publish, print, distribute, disseminate, display and otherwise exhibit such Ad, or any portion thereof, in connection with the operation of the Site, on AoA’s blogs, on social networking sites such as Facebook® and/or Twitter®, and in any other medium or forum, whether now known or hereafter devised, without payment to You or any third party. All Ads posted by You on or in connection with the Site are deemed non-confidential and posted without any restrictions or expectations of confidentiality. You hereby acknowledge and agree that AoA has no obligation to maintain the confidentiality of any information, in whatever form, contained in any Ad.
6. AoA Rights. Notwithstanding anything to the contrary herein, AoA reserves the right (in its sole discretion) to (i) disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar request, (ii) refuse to post or remove any Ad, in whole or in part, that does not conform to these Terms without notice or liability to You, or (iii) prevent users who have engaged in prohibited conduct under these Terms from further access to the Services, without notice or liability to user.
7. Passwords and Security. When You create a password upon opening an account with AoA, You become responsible for maintaining the confidentiality of the password and Your account, and are fully responsible for all activities that occur under Your password and account. You agree to immediately notify AoA at info@adsonamerica.com of any unauthorized use of Your password or account or any other breach of security. AoA cannot and will not be liable for any loss or damage arising from Your failure to comply with this paragraph.
8. Claims of Copyright Infringement; Policy. AoA respects the intellectual property of others, and asks You to do the same. If a copyright owner believes that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Designated Copyright Agent may be contacted as follows:
E-mail: info@adsonamerica.com
You hereby agree that AoA may, in our discretion and without notice or liability, (i) remove, or disable access to, Ads on the Site that we believe may infringe on the rights of others, and (ii) deny the Services offered on the Site to any user, and terminate the account of any user who is a repeat infringer of the intellectual property rights of any third parties.
9. Disclaimer of Warranties and Limitation of Liability. You understand that all users accept responsibility for their own acts and Ads, and You agree that an act by another user that injures You cannot be blamed on AoA. Further, You understand the inherent risks associated with operating a web site, and that AoA would not be able to make the Site or the Services offered to You if AoA would be liable for such inherent risks as usability problems, system failure or similar errors. Accordingly, in addition to the disclaimers herein, AoA must make the following disclaimers to insure that our liability for any problems connected with the Site or the Services is strictly limited, indemnified and released.
A. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) AOA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) AOA MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE or any ads displayed on the site, AND (D) AOA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AOA IS NOT RESPONSIBLE FOR THOSE COSTS. AOA SHALL NOT BE HELD RESPONSIBLE FOR ADS OR OTHER THIRD PARTY MATERIAL ON THE SITE.
B. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AOA, and its licensors, members, and agents SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY LINKED SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ADS; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE. Notwithstanding anything to the contrary contained herein, AOA’s liability to YOU for any cause whatsoever, and regardless of the form of action, will be at all times limited to the PAYMENT paid by YOU to AOA for the serviceS OFFERED IN CONNECTION THEREWITH.
C. Indemnification and Release. You agree to indemnify, defend and hold AoA and its licensors, members and agents harmless from and against, and will reimburse those indemnified parties with respect to, any and all claims, demands, causes of action, proceedings, losses, damages, debts, expenses, liabilities, fines, penalties, deficiencies, judgments or costs, including reasonable attorneys’ fees, court costs, amounts paid in settlement and costs and expenses of investigations, at any time and from time to time asserted against or incurred by any of those indemnified parties arising out of, in connection with, resulting from or by reason of any Ad You post to the Site, Your use of the Site, Your use of the Services, Your connection to the Site, Your violation of these Terms, including, but not limited to, any breach of Your representations and/or warranties set forth herein, or Your violation of any rights of another. You hereby agree to release AoA and its licensors, members and agents from any and all claims, causes of action, demands and damages of every kind and nature, known or unknown, disclosed or undisclosed, arising out of or relating to any disputes You may have against any other user of the Site.
10. Modification; Maintenance. AoA may, at any time without notice, and in our sole discretion, amend or modify the Site or these Terms by updating the Site or this web page. Therefore, You should review the Site and this page from time to time so that You will be aware of any such modifications. AoA is under no obligation to update the Site or the Terms. You hereby agree that AoA may also make changes in the Services, programs, and prices described in the Site at any time without notice. Your continued use of the Site after any modification to the Site will be considered acceptance of those modifications. In addition, from time to time the Site may be down due to scheduled or unscheduled maintenance.
11. Third Party Websites. Links to third party web sites located in Ads (collectively, “Linked Sites”) are not under AoA’s control, and we are not responsible for the contents thereof. Linked Sites are provided to You only as a convenience, and inclusion of a link does not imply endorsement or representation of the Linked Site or any information, materials, goods or services located thereon or any sponsorship, affiliation or association with its operators. You acknowledge and agree that AoA shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site. Domain names and trademarks of Linked Sites, or contained in information accessed at Linked Sites, are the sole property of their respective owners.
12. Linking to the Site. Any person or entity linking to the Site shall not (i) “frame,” “deep link,” alter the appearance of the Site or otherwise fail to comply with all applicable law, (ii) state or imply that AoA endorses, sponsors or otherwise approves of your web site or any other web site, or (iii) use any AoA trademarks or logos.
13. Privacy Policy. The treatment of personally identifiable information that AoA collects when You are on the Site and when You use or purchase the Services provided by AoA is subject to our Privacy Policy.
14. Termination. These Terms shall remain in full force and effect while You are using the Site and the Services. In addition to any causes of termination provided herein, AoA reserves the right, in its sole discretion and without any liability to You, to terminate Your access to and use of the Site or any part thereof (including, but not limited to Your account), and to remove and discard any Ad posted by You thereon, for any reason whatsoever, including, without limitation, if AoA believes that You have violated or acted inconsistently with these Terms. AoA may also, in our sole discretion and at any time, discontinue operation of the Site or any part thereof. Any such termination may be effected without any prior notice. Upon any such termination, AoA may immediately deactivate or delete Your account and all information and files relating thereto. AoA shall not be liable to You or any third-party for any termination of Your access to the Site or the Services.
15. Entire Agreement; Governing Law; Severability. These Terms constitute the entire agreement between AoA and You with respect to Your use of the Site and the Services offered in connection therewith. These Terms are entered into in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of St. Louis, in the State of Missouri, and waives any jurisdictional, venue, or forum non conveniens objections to such courts. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.