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Enrollment Agreement. This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the LeapFish Affiliate Program (the "Program"). In this Agreement, "we", "us", or "our" is LeapFish, and "you" means the enrollee. “LeapFish” means, collectively, the LeapFish web site or sites, which is identified by the URL www.LeapFish.com, respectively. "Your site" means any site that you will link to the LeapFish Site (and which you will identify in your Program enrollment). LeapFish Inc is a California corporation. Use of the Affiliate Program and Site The Affiliate Program and associated Sites and all information and materials included in the Affiliate Program and associated Sites are only for your personal use. You will not use the Affiliate Program and associated Sites or any information or materials included in the Affiliate Program and associated Sites for commercial purposes. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site any information or materials provided through or obtained from the Affiliate Program and associated Sites. You will not use the Affiliate Program and associated Sites or any information or materials included in the Affiliate Program and associated Sites in any way that is unlawful, or harms LeapFish and/or its suppliers. LeapFish prohibits to the maximum extent allowable the resale, redistribution, and use of the information or materials included in the Affiliate Program and associated Sites for commercial purposes. You may not engage in the practices of "screen scraping," "database scraping," “email address scraping” or any other activity with the purpose of obtaining lists of users or other information from the Affiliate Program and associated Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Affiliate Program and associated Sites. Responsibility for Your Conduct You are solely liable for your conduct or any information that you upload or transmit to a Site. You may not provide false or misleading information to this Affiliate Program and associated Sites or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of the Affiliate Program and associated Sites if you provide false or misleading information or submit information under false pretenses. Each person that is provided with a password and user ID to use a Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality of any password connected with your account. You can use LeapFish Logos, Banners, Graphics and Widgets;
Limitation of Liability IN NO EVENT WILL LeapFish OR ANY OF ITS SUPPLIERS or AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. THE MATERIALS, GRAPHICS, CODE, WIDGETS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LeapFish DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY MATERIALS, GRAPHICS, CODE, WIDGETS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY MATERIALS, GRAPHICS, CODE, WIDGETS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MATERIALS, GRAPHICS, CODE, WIDGETS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND ‘MATERIALS, GRAPHICS, CODE and WIDGETS’ PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Termination We may terminate or suspend your access to the Affiliate Program and associated Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Affiliate Program and associated Sites will immediately cease. Applicable Law and Venue These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. General Terms If any part of the Affiliate Program and associated Site Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Affiliate Program and associated Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Affiliate Program and associated Sites. Except as expressly stated herein, the Affiliate Program and associated Site Terms constitute the entire agreement between you and us with respect to the Affiliate Program and associated Sites. Copyright, Trademark and Patent Notices All contents of the Sites are ©2009 LeapFish Inc. and/or its suppliers, all rights reserved. LeapFish and/or other LeapFish products and services referenced herein may also be either trademarks or registered trademarks of LeapFish in the United States and/or other countries. The names of actual companies and products mentioned in the Affiliate Program and associated Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. |
© 2009 LeapFish Inc. All Rights Reserved