A.  

In order to access useful features of the Web Site, you will have to register a user account. You may never use other user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AdKafe immediately of any breach of security or unauthorized use of your account. Although AdKafe will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AdKafe or others due to such unauthorized use.

B.  

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., to access the AdKafe.com website with the exception of public search engines whom AdKafe grants permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AdKafe reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes that is not through the normal operation of the Web Site. You agree not to solicit privately, for commercial purposes, any users of the Web Site with respect to their User Submissions.

C.  

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, to damage or interfere with the proper working of the Web Site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

A.  

AdKafe.com provides an online platform for Ad Seekers to post advertisement solicitations and for Ad Designers to submit designs to these solicitations for possible purchase considerations. In posting a solicitation, an Ad Seeker may upload file(s) (User Submissions) that relate to the solicitation and that might be helpful to Ad Designers in preparing design(s). An Ad Designer may respond to any solicitation of interest by submitting design(s) (User Submissions) of proper file types. An Ad Solicitation is open to all registered Ad Designers and so are the accompanied uploaded files. An Ad-Design is only open to the intended Ad Seeker that posts the Ad Solicitation. AdKafe.com uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of all User Submissions. However, please note that this is not a guarantee that such User Submissions may not be accessed, disclosed, altered, or destroyed by unintended intruders.

B.  

In connection with your User Submissions, you affirm and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize AdKafe.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; (ii) You retain all of your ownership rights in your User Submissions. However, if you are an Ad Designer, you hereby grant the intended Ad Seeker of any of your submitted Ad-Designs an exclusive access to your User Submissions through the Website. This exclusive access granted by you terminates once the Ad Seeker fails to purchase your submitted design(s) within 10 days after the expiration of the Ad Solicitation that the design(s) is submitted for. If you are an Ad Designer and if your design is purchased by the intended Ad Seeker and all proper procedures necessary to complete such purchase are completed (including the transfer of payment from Ad Seeker through AdKafe.com to your AdBucks account after the deduction of commission fee), you agree that the ownership right of the purchased design will be automatically and immediately transferred to the Ad Seeker that purchased the design; (iii) If you are an Ad Seeker, you will be granted the exclusive right to view an Ad-Design by its submitting Ad Designer. However, this right terminates automatically 10 days after the expiration of the Ad Solicitation that the design(s) is submitted for if no purchase decision is made on your part in relation to this Ad-Design. If you decide to purchase a submitted design, the ownership right will be transferred to you automatically ONLY after you complete ALL necessary procedures, including the transfer of payment of DSRP to AdKafe.com. Once you have determined to purchase a design and have completed all necessary procedures and the payment (in the amount of the DSRP of the purchased design) has been transferred to AdKafe, it is considered to be a terminal transaction. No refund will be issued for any terminal transaction for any reason. By paying AdKafe.com after purchasing a design, you expressly acknowledge that AdKafe is not acting in a fiduciary capacity for either you or an Ad Designer.

C.  

In connection with your User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material to AdKafe.com; (ii) submit and/or publish falsehoods or misrepresentations that could damage AdKafe or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person. AdKafe does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and AdKafe expressly disclaims any and all liability in connection with User Submissions. AdKafe does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AdKafe will remove all Content and User Submissions if properly notified that such Content or User Submissions infringes on another's intellectual property rights. AdKafe reserves the right to remove Content and User Submissions without prior notice. AdKafe also reserves the right to terminate a user's access to its Website, if the user is determined to be an infringer. AdKafe also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material.

D.  

You understand that when using the AdKafe Website, you will be exposed to some types of User Submissions no matter you are an Ad Seeker or Ad Designer, and that AdKafe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AdKafe with respect thereto, and agree to indemnify and hold AdKafe, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

A.  

Your use of the Website and the services provided therein is governed by the terms of this Agreement and the AdKafe.com Privacy Policy, which is incorporated in its entirety by reference into this Agreement. The Privacy Policy is posted on the website and may be updated or revised from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the Website and to terminate this Agreement. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties, upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

B.  

Any login identification and password, and any authorization codes or similar verification identifiers should be maintained by you as confidential and should not be disclosed to third parties. It is your responsibility to change your password and/or registered email address, if it becomes necessary, through the "My Account" section of the Website.

A.  

WHILE ADKAFE MAKES REASONABLE EFFORTS TO PROVIDE ITS SERVICES WITHOUT ERRORS OR INACCURACIES ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, ERROR FREE NATURE OF SERVICES/MATERIAL ON THE WEBSITE, OR TIMELINESS OF THOSE MATERIALS/SERVICES, AND YOU SHOULD NOT RELY UPON IT.

B.  

THE SERVICES PROVIDED BY ADKAFE ARE "AS IS," "WHERE IS." ADKAFE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY ADKAFE UNDER THIS AGREEMENT.

C.  

IN ADDITION, ADKAFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER OR THIRD PARTY YOU MAY ENCOUNTER ON OUR WEBSITE, NOR DOES ADKAFE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE BY ANY USER.

D.  

EACH PARTY REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT AND/OR FULL CORPORATE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT.