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OverlayAd Terms and Conditions

OverlayAd Terms of Service

Updated January 5th, 2010

AS AN OVERLAYAD USER IT IS CRUCIAL THAT YOU COMPREHEND THE FOLLOWING OVERLAYAD TERMS OF SERVICE. ANY CONTINUED USE OF OUR WEBSITE IMPLIES THAT YOU HAVE READ AND CONSENT TO THESE TERMS INSTITUTED BY OVERLAYAD.COM.

OverlayAd Inc. operates this website. These Terms of Service may be edited throughout your usage of this site, without prior notice. Any continued use of OverlayAd.com verifies that you have accepted to abide by the new Terms of Service. Keep in mind that any terms and conditions of any additional agreements with OverlayAd must be honored in addition to the following Terms of Service.

OverlayAd Privacy Policy

If you have any questions or concerns about the OverlayAd Privacy Policy please visit OverlayAd.com and click to view our policy. The policy outlines how and why we collect specific data from users and what we do with that data. Your privacy is always of the utmost concern to OverlayAd.

OverlayAd Copyright Protection

OverlayAd.com is under copyright protection. This protection includes, but is not limited to, the OverlayAd logo, type of text, graphics, website design, files, and any arrangement of the before mentioned. If not specified in this policy, OverlayAd material may not be copied, republished, reproduced, distributed, displayed, transmitted, downloaded, or posted in any way or by any means, including, but not limited to, photocopying, electronic, recording, or mechanical, without prior written consent of OverlayAd. You may be given permission to view and use materials on this website for the purpose of locating information and/or noncommercial purposes only. If permission is granted you promise to not duplicate, distribute or copy any materials, alter these materials, delete or edit any of the copyrighted material.

OverlayAd Trademarks

OverlayAd is a registered trademark, and is therefore protected by trademark laws. You may not use, imitate or copy any part of OverlayAd trademarked material, except with prior written permission from OverlayAd. Button icons, scripts, page headers, and customized graphics are considered trademarks of OverlayAd, and are therefore protected. OverlayAd may also display trademarks owned by outside entities. These trademarks may not be protected by OverlayAd, but are protected by their trademark owners. Your use of OverlayAd.com must be limited to personal, non commercial, use. It is illegal to resell any aspect of OverlayAd. Please refrain from using any data gathering or extraction methods on OverlayAd sites.

OverlayAd Website Linking Terms

You may be allowed to generate a hyperlink to OverlayAd; however, you are forbidden from conveying OverlayAd in a misleading, false, derogatory or defamatory way. In order to use any registered trademarks you must have written permission from OverlayAd prior to your use of the material.

Any user that follows a link outside of OverlayAd.com is no longer under our protection. OverlayAd will not be held responsible for the practices or content that may be found on linked websites. Be advised that following a link away from our website is done at your own risk.

OverlayAd Website Usage

At OverlayAd we like to have faith in our website users. We expect that you will behave respectfully and within moral reason. From this point on you acknowledge that you are expected to act morally and abide by the rules established in this policy. You must never interfere with the security of our website users or OverlayAd in general. You will never abuse OverlayAd or our services. You agree to never abuse system resources, interfere with accounts, or disrupt OverlayAd servers or any networks that are associated or accessible through OverlayAd or our affiliates. You will never interfere with OverlayAd user enjoyment. You will always follow OverlayAd restrictions of access to our sites. Most importantly, you agree to follow all laws that comply with the use of OverlayAd. These may be international, national, state or local regulations. You acknowledge that we are not responsible for businesses that advertise on OverlayAd, and/or the quality of services or goods they provide.

If you have a Copyright or Trademark dispute

OverlayAd would like to protect your copyright or trademarked material. We abide by the requirements of the Digital Millennium Copyright Act (DMCA). Any alleged copyright/trademark infringement found on OverlayAd can be brought to our attention by sending the following information to our Copyright agent:

1. Whoever has authorization by the owner of the exclusive copyright must include their signature.
2. Include your trademark registration number and proof of registered trademark.
3. Show us the exact content in question.
4. Include the email address you wish to receive correspondence to, a phone number, and current address.
5. Include an original statement, explaining what material, in your opinion, has been copyrighted.
6. State that the information submitted is accurate, not perjury, and that you have authorization to be making this complaint.

Email copyright@OverlayAd.com to contact an OverlayAd copyright agent.

OverlayAd Indemnification Agreement

Make note, if at any point you violate the OverlayAd Terms of Service, violate the rights of another users, or use OverlayAd.com to conduct behavior that resulted in another party making a demand, claim, action or requesting damages, you agree to indemnify OverlayAd. Indemnification means that you will hold OverlayAd blameless.

Your Submitted Material

OverlayAd is not able to guarantee inclusive confidentiality of any questions you might pose, suggestions you give, comments submitted, ideas given, drawings shared, plans formed, original materials offered or other data, you decide to provide via email or other submission process to OverlayAd, and that includes other possible postings to our website. Once submitted, these materials will become property of OverlayAd and you forfeit your right to afore mentioned materials. OverlayAd can then use those materials for any purpose, without notification or payment.

OverlayAd Warranty Disclaimer

OVERLAYAD USERS UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT, MATERIALS, AND PRODCUTS ARE PRESENTED TO YOU "AS IS" AND HOWEVER IT IS AVAILABLE. WHEN YOU USE OVERLAYAD IT IS AT YOUR OWN RISK. OVERLAYAD DISCLAIMS WARRATIES OF TITLE, OR OTHER IMPLIED WARRANTIES. DO NOT DEPEND ON ANY ADVICE OR INFORMATION SUPPLIED BY OVERLAYAD OR ANY ENTITY ASSOCIATED WITH OVERLAYAD. ANY DOWNLOADING OR ACCESS TO OTHER SITES THROUGH OUR WEBSITE, IS DONE AT YOUR OWN RISK. YOU, AND ONLY YOU, ARE RESPONSIBLE FOR ANY POSSIBLE DAMAGES TO YOUR COMPUTER. IF YOU SUFFER LOSS OF DATA FROM VIRUSES OBTAINED THROUGH DOWNLOADING CONTENT, DATA OR SOFTWARE, OVERLAYAD IS NOT RESPONSIBLE. OVERLAYAD HAS NO RESPONSBILITY WHEN IT COMES TO PRODUCTS, DATA, SERVICES OR MATERIALS OFFERED BY OTHER PARTIES ACCESSED THROUGH OVERLAYAD, UNLESS ESTABLISHED PRIOR BY A WRITTEN DOCUMENT FROM OVERLAYAD. WE ARE NOT RESPONSBILE FOR THE RELIABILIY OR ACCURACY OF OTHER SITES. WE CANNOT PROMISE THAT ANY CONTENT ON OUR WEBSITE WILL ALWAYS MEET ALL OF YOUR NEEDS, OR THAT OVERLAYAD CONTENT WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE OR SECURE. WE CANNOT GUARANTEE THAT ANY OR ALL DEFECTS WILL BE CORRECTED. ANY DAMAGES SUFFERED, INCLUDING SYSTEM LAGS, ERRORS, FILE CORRUPTION, LOSS OF DATA, OR SERVICE INTERRUPTIONS, ARE NOT THE RESPONSIBILITY OF OVERLAYAD. IF YOU LIVE IN A STATE WHERE THESE LIMITATIONS DO NO APPLY, YOU MAY BE EXEMPT.

OverlayAd Limitations of Liability

OVERLAYAD, ITS ASSOCIATES, OR PARTY INVOLVED CAN BE HELD LIABLE FOR ANY DAMAGES STEMMMING FROM OR IN CONNECTION TO USAGE OR THE PREVENTION OF USE, OF OVERLAYAD WEBSITES OR ANY CONTENT ON THE SITE, OR ANY CONSEQUENCES WHICH OCCURRED FROM UNAUTHORIZED ACCESS OF OR ADJUSTMENTS MADE TO YOUR DATA ENTRIES, OR DATA THAT HAS BEEN TRASNMITTED OR TAKEN. THIS INCLUDES DAMAGES FOR A LOSS OF USE, PROFIT, INFORMATION OR OTHER TYPE OF LOSS. NOTE THAT CERTAIN JURISDICTIONS FORBID LIMITATING OR EXCLUDING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THIS MEANS THAT PARTS OF THIS LIMITATION ON LIABILITY AGREEMENT COULD POSSIBLY NOT APPLY.

Legal Obligations

All that has been contained in these Terms of Service are governed by and are in accordance with the laws of the State of California, without resort to its conflict of law provisions. In the event that you take legal action relating to these Terms of Service, you must file your complaint with the Superior Court of Los Angeles County, California or the United States District Court for the Northern District of California.

OverlayAd Termination Rules

OverlayAd can terminate your account and/or your use of the OverlayAd website. OverlayAd has the right to do so without prior notice and at our sole discretion. It may be necessary to prevent your future access to OverlayAd websites. We have the option to discontinue or alter your website usage or services provided to you, at our discretion.

Exceptions to OverlayAd Terms of Service

In the event that something is found unlawful, that part of these terms of service will become void and removed from the OverlayAd policy. However, all other aspects of these Terms of Service will remain intact and should continue to be followed by all users. Any waiver of a condition given or right granted by OverlayAd won't be honored, unless written in a document. Whoever wishes to waive a condition must personally write and sign the document.