TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions of Use. Please read this Deal PiranhaTM Agreement (“Agreement”) carefully before registering to be a participant in Deal PiranhaTM. By checking “I Accept”, you agree to be bound by the terms and conditions of this Agreement, and any other agreement or policy incorporated herein by reference. By checking “I Do Not Accept”, you will not be able to register or use Deal PiranhaTM. Deal PiranhaTM is a service created and maintained by P2i Newspaper LLC (hereinafter “Provider”). Deal PiranhaTM is subject to the terms and conditions contained in the iPhone Developer Program License Agreement and the Android Market Developer Distribution Agreement, and, to the extent any term or condition in this Agreement contradicts the aforementioned developer agreements, the terms and conditions of the developer agreements shall govern. The mapping functions contained in Deal PiranhaTM are also subject to the Google Maps Terms of Service. Any information that is provided to Apple Inc. or Google Inc. will not be deemed confidential by Apple Inc. or Google Inc. This Agreement shall also be subject to the terms and conditions contained in Apple Inc.’s App Store or Google’s Android Market.
2. Registering as a Merchant/Media Partner. To use Deal PiranhaTM, as either a Merchant or Media Partner (by definition a reseller of Deal Piranha to Merchants) you will be directed to register as a “Merchant”. As a Merchant, you will be providing “Content” to Deal PiranhaTM in the form of publication-ready banners, advertisements, photographs, text, images, audio or video clips, illustrations, or any combination of the above, either directly or through a participating media outlet. All Content shall meet the requirements set forth and published by Deal PiranhaTM, as may be amended from time-to-time by Provider. As a Merchant, you are agreeing to allow Deal PiranhaTM to place your Content on mobile applications owned by Provider or by other parties that have agreements with Provider to incorporate Deal PiranhaTM into their mobile applications.
3. Unauthorized Activities. By registering with Deal PiranhaTM, you are agreeing not to engage in activities that could be considered an abuse of Deal PiranhaTM. Such activities include, but are not limited to, causing, advocating or encouraging false or fraudulent clicks on any Content, using Deal PiranhaTM for the purpose of obtaining private or personal information in an unauthorized manner, and using Deal PiranhaTM to gain access to mobile or handheld devices, cellular telephones, or other computing devices for malicious purposes. You also agree not to provide Content to Deal PiranhaTM that is libelous, defamatory, obscene, pornographic, abusive, offensive, that infringes on the rights of others, or that violates any law or rule of any governmental agency. You hereby acknowledge that Provider has no control over, nor a duty to authorize or restrict, the Content that is available in Deal PiranhaTM, who can gain access to your Content, the Content that another merchant may place in Deal PiranhaTM, what effects the Content may have on users or customers, or where users or customers may be directed. You also acknowledge that Deal PiranhaTM is intended to be a medium, liaison, or conduit between Merchants and their respective users and customers, and is not intended to be a filter, editor, or monitor of that relationship or communication.
4. Intellectual Property Rights. All trademarks, service marks, names, logos, video, audio, or photographs (“Marks”) used in connection with the Content on Deal PiranhaTM are either owned by or licensed to Provider, or the party credited as the provider of the Content. Your use of Deal PiranhaTM does not allow you to infringe on Provider’s rights in its Marks or the rights of third parties that may exist in material contained in the Content.
5. Changes to Terms and Conditions. Provider reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. You agree to periodically review this Agreement for any changes. Your continued usage of Deal PiranhaTM will mean you accept those changes.
We may also change, suspend, or discontinue any aspect of Deal PiranhaTM at any time. Provider may also impose limits on certain features and services or restrict your access to parts or all of Deal PiranhaTM without prior notice or liability. We reserve the right to make changes, corrections, and improvements to Deal PiranhaTM, at any time without prior notice.
6. No Warranties. YOU EXPRESSLY AGREE THAT USE OF Deal PiranhaTM IS AT YOUR OWN RISK. YOUR USE OF Deal PiranhaTMACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT TRANSMITTED THROUGH OR BY Deal PiranhaTM HAS BEEN PROVIDED BY OTHER PARTIES. AS A RESULT, YOU AND YOUR USERS MAY BE EXPOSED TO CONTENT OR MATERIAL FROM A VARIETY OF SOURCES. PROVIDER IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR MATERIAL. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU AND YOUR USERS MAY BE EXPOSED TO CONTENT OR MATERIAL THAT MAY BE INACCURATE OR OBJECTIONABLE, THAT YOUR USE OF Deal PiranhaTM WILL BE AT YOUR OWN RISK, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST PROVIDER WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROVIDER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT TRANSMITTED BY Deal PiranhaTM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH Deal PiranhaTM OR ANY LINKED SITE. FURTHER, PROVIDER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT Deal PiranhaTM OR ANY MATERIALS OR CONTENT TRANSMITTED THEREBY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Deal PiranhaTM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER SHALL NOT BE LIABLE FOR THE USE OF Deal PiranhaTM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. PROVIDER SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
7. Indemnification. You hereby agree to indemnify, defend, and hold Provider, and all its officers, directors, owners, managers, members, agents, employees, information providers, affiliates, licensors and licensees and the assigns of the same (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the representations, warranties, and covenants contained herein, including, without limitation, attorneys’ fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Provider.
8. Shipping and Delivery. Deal PiranhaTM will not be shipping or delivering any products to you.
9. Non-Refundable. All amounts deposited into Deal PiranhaTM are non-refundable, and all sales will be final.
10. Governing Law and Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF PENNSYLVANIA
11. Miscellaneous. This Agreement constitutes the entire agreement between Provider and you with respect to your use of Deal PiranhaTM. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Provider’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
12. Contact Information. You agree to only communicate with Provider, and not with any other Merchant, in connection with Deal PiranhaTM. We respect the rights of all copyright holders and, in this regard, Provider has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of Merchants who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Provider’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: P2i Newspaper LLC
1236 Main St,Ste C
For any questions or requests other than copyright issues, please contact email@example.com.
13. Termination. Either party to this Agreement may terminate this Agreement at any time by giving the other party prior written notice by any means that would reasonably transmit notice of termination to the other party. Provider may also terminate this Agreement immediately and without any prior notice with any Merchant if that Merchant breaches any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive the termination of this Agreement shall survive termination of this Agreement. Any amounts paid hereunder are non-refundable, unless otherwise agreed to by Provider.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS HEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE Deal PiranhaTM.