1. Banner Image Specifications. The banner image must be a
GIF (*.gif), animated GIF, or JPEG (*.jpg, *.jpeg) file. The size must be exactly
400 pixels wide by by 40 pixels high. It must not exceed 8KB in size.2. Eligibility for Membership. GunBroker.com
reserves the sole right to decide what sites are acceptable to the exchange.
3. Use of Service. As a Banner Exchange
member, you may not: artificially inflate traffic counts to your web site using any
device, program or other means, insert more than Banner Exchange advertisement on any
single web page on your web site, include the Banner Exchange HTML code on any pages of
your web site that automatically reload or go to another page without interaction from the
user (e.g., client pull or server push technology), include the Banner Exchange HTML code
on any web page that is not generally accessible to all Internet users (e.g., pop-up
windows and hidden frames), place any Banner Exchange HTML code on web page that is
unrelated to your web site.
The Banner Exchange code may not be placed within auction listings
or message board messages at GunBroker.com. The Banner Exchange code may not be
placed on any page containing another firearms-related banner exchange.
Banner Exchange members must include the complete and unaltered code
provided by the banner exchange. Banner Exchange members grant GunBroker.com the
right to access your web site for the purpose of verifying compliance with these rules.
4. Forfeiture. Any Banner Exchange member
found to be in violation of any of the rules of this agreement is subject to account
termination and forfeiture of any credits or fees earned through this program. |
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Banner Exchange ("Service"), owned and operated by
this Site Owner ("GB Holdings, Inc."), is provided to you under the following
Terms of Service and any operating rules or policies that may be published by this Site.
The Terms of Service comprise the entire agreement between Member and this Site and
supersede all prior agreements between the parties, regarding the subject matter contained
herein. By participating in the registration process, you are indicating your agreement to
be bound by all of these Terms of Service.
DESCRIPTION OF SERVICE
This Site is providing Member with a Banner Exchange service to
trade banner advertising space. In consideration for this Service, Member agrees to: (1)
provide certain current, complete, and accurate information about Member as prompted to do
so by the Service and (2) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original sign up shall be
referred to as registration data ("Registration Data"). Furthermore, Member
grants this Site the right to disclose to third parties certain Registration Data about
Member and Service membership in the aggregate; however, such disclosures will exclude
Member's name, mailing address, email address, account and phone number, unless: (1)
Member expressly directs this Site, or any other person, Member may specifically designate
to disclose such information through the Service as provided by the Service, or (2) this
Site is required to disclose such information by any applicable law or legal process
served on this Site.
If any information provided by Member is incomplete or inaccurate,
this Site retains the right to terminate Member's membership and rights to use the
Service.
MODIFICATIONS TO TERMS OF SERVICE
This Site may change these Terms of Service from time to time. Upon
any change in these Terms of Service, we will notify you by email.
Member's continued use of the Service constitutes an affirmative:
(1) acknowledgment by Member of these Terms of Service and any modifications; and (2)
agreement by Member to abide and be bound by these Terms of Service and modifications.
MODIFICATIONS TO SERVICE
This Site reserves the right to modify or discontinue the Service
with or without notice to Member. This Site shall not be liable to Member or any third
party should this Site exercise its right to modify or discontinue the Service.
SITE'S OBLIGATIONS
Member acknowledges and agrees that this Site does not endorse any
of the goods that are advertised through the Service.
Member acknowledges and agrees that this Site is not responsible for
any damages to goods during transit or during the inspection period, nor for
misrepresentations and/or breaches of contract by either buyer and/or seller. Member
acknowledges and agrees that any dispute involving this Site shall be settled by
arbitration in the state of Georgia, USA pursuant to the Rules of the National Arbitration
Forum.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you will receive a user ID
and a password. You are entirely responsible if you do not maintain the confidentiality of
your user ID and password. Furthermore, you are entirely responsible for any and all
activities, which occur under your user ID and password. Member agrees to immediately
notify this Site of any unauthorized use of Member's user ID or any other breach of
security known to Member.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE"
BASIS. THIS SITE 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.
THIS SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS SITE MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED. THIS SITE MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER
FROM THIS SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION
OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member
agrees not to resell or make any commercial use of the Service, without the express
written consent of GB Holdings, Inc.
OTHER LIMITATIONS
This Site retains the right, at our sole discretion, to determine
whether or not Member's conduct is consistent with the letter and spirit of these Terms of
Service and User Agreement. This Site reserves the right to terminate service if a
Member's conduct is found to be inconsistent with these Terms of Service and User
Agreement.
MEMBER CONDUCT
Member is solely responsible for the contents of his or her
transmissions through the Service. Member's use of the Service is subject to all
applicable local, state, national and international laws and regulations. Member agrees:
(1) to comply with US law regarding the transmission of technical data exported from the
United States through the Service; (2) not to use the Service for illegal purposes; (3)
not to interfere or disrupt networks connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Member further agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation. Attempts
to gain unauthorized access to other computer systems are prohibited. This Site may, at
its sole discretion, immediately terminate Service should Member's conduct fail to conform
with these Terms of Service and User Agreement.
INDEMNIFICATION
Member agrees to indemnify and hold this Site, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Member's use of the Service, the violation of these Terms of Service by Member, or the
infringement by Member, or other user of the Service using Member's computer, of any
intellectual property or other right of any person or entity.
TERMINATION
Should Member object to any of these Terms of Service or any
subsequent modifications thereto or become dissatisfied with the Service in any way,
Member's only recourse is to immediately: (1) discontinue use of the Service; (2)
terminate Service membership; and (3) notify this Site of termination.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service. Any such
correspondence or promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the corresponding Member and the
Advertiser. This Site assumes no liability, obligation or responsibility for any part of
any such correspondence or promotion.
LAWS
These Terms of Service shall be governed by and construed in
accordance with the laws of the state of Georgia. Member and this Site agree to submit to
the exclusive jurisdiction of the courts of the state of Georgia. If any provision(s) of
these Terms of Service is held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and effect.
This Site's failure to exercise or enforce any rights or provisions of these Terms of
Service shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by this Site in writing. Member and this Site agree that any cause of action
arising out of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred. The section
titles in these Terms of Service are solely used for the convenience of the parties and
have no legal or contractual significance
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