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Conditions of Use

Date of last update: May 30, 2007

Permission:

Permission to use services, advertising designs and artwork at The Ad Wizard website theadwizard.com and its newspaper and publishing affiliates whose web site names end in theadwizard.com or quickadwizard.com is granted under our Conditions of Use.

Conditions of Use:

Thank you for visiting The Ad Wizard website. The Ad Wizard website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the Ad Wizard website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.

You may select advertising design “Templates” and modify them for use as advertisements. Any preliminary designs which you do not select as the final version of your advertisement or advertising artwork remain the full property of The Ad Wizard, and you do not own a limited license to them. The Ad Wizard retains the right to cancel orders or limit or refuse access to any user. The Ad Wizard also retains the right to modify or change this policy, at its sole discretion, at any time. You cannot sell, assign, or otherwise transfer rights or your site access to any other person or company. The content of any advertisement you may eventually develop in the advertisement or advertising artwork will be owned by you. The advertisement or advertising artwork is considered to include the images and the text you display in the advertisement.

The Ad Wizard reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on The Ad Wizard website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. When we make changes, we will also update the revision date at the top of the document.

Privacy:

Please review our Privacy Policy, which also governs your visit to Ad Wizard, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications:

When you visit the Ad Wizard website or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright, Trademark and Licenses:

THE ENTIRE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO: USER INTERFACE DISPLAYS AND PORTIONS THEREOF, TEXT, GRAPHICS, THE AD WIZARD ADVERTISEMENT OR ADVERTISING ARTWORK, BUTTON ICONS, [FLASH MOVIES], IMAGES, [AUDIO CLIPS,] DIGITAL DOWNLOADS, DATA COMPILATIONS, THE SELECTION FORMAT AND ORGANIZATION THEREOF, AS WELL AS THE UNDERLYING SOFTWARE AND DATABASES, ARE THE PROPERTY OF THE AD WIZARD AND ARE PROTECTED BY DOMESTIC AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. EXCEPT AS EXPRESSLY PROVIDED IN OUR ON-LINE INSTRUCTIONS FOR PREVIEWING THE DESIGN OR PURSUANT TO OUR LICENSE AGREEMENT, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE ANY PORTION OF THE WEBSITE OR THE IMAGE LIBRARY DATABASE WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE AD WIZARD.

If you believe any content appearing on our website infringes another party's rights, please contact us via email using the address below to notify us of this infringement.

You agree that The Ad Wizard may use any ideas, concepts, or techniques that you send to us for any purpose. You also grant Ad Wizard the right to utilize your advertisement or advertising artwork in connection with advertising, marketing and promotional materials for the Ad Wizard website. Any material posted or transmitted to the website will be treated as non-confidential.

You agree and acknowledge that your rights to use our materials are limited to those provided in the License and Web Site Access Agreement, and that no trade or service marks in or to the final advertisement or advertising artwork are being conveyed under these Conditions of Use. You agree that Ad Wizard has no obligation or duty to perform trade or service mark searches, or similar inquiries, to validate the legality or propriety of the symbols, the advertisement or advertising artwork you create, or other materials provided. In addition, you acknowledge that Ad Wizard shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (including, but not limited to, trademark registration) for the advertisement or advertising artworks or other materials provided, nor shall Ad Wizard be responsible for assisting you in any way in your perfection of your rights.

License and Web Site Access Agreement:

The Ad Wizard grants you a limited license to access and make personal use of this website. You agree not to download (other than for page caching purposes) or modify the Ad Wizard website, or any portion of it, except as expressly provided in our on-line instruction for previewing advertisement or advertising artworks, or pursuant to the License Agreement, or with the express written consent of The Ad Wizard. You may not frame, or use any framing techniques to enclose the Ad Wizard trademark, advertisement or web sites, or other proprietary information (including images, text, flash movie, page layout, or form) without the express written consent of The Ad Wizard. You may not use META tags or any other "hidden text" which utilize The Ad Wizard or any other derivative of our domain or company name without the express written consent of The Ad Wizard.

It is further understood and agreed that Ad Wizard cannot and does not guarantee or warrant that files made available for downloading through the Ad Wizard website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through The Ad Wizard are free from such contaminations.

Ad Wizard shall not be responsible for any delays or interruptions of, or errors or omissions contained in the website or resulting from use of the website. We reserve the right, but are not required, to correct any delays, interruptions, errors or omissions. Although we intend to use commercially reasonable efforts to make the website accessible, we do not represent or warrant that the website will always be available. We may, at our sole discretion, discontinue the website at any time, either in whole or in part, and may alter or eliminate any transmission method, and may alter transmission speeds or other signal characteristics. Ad Wizard shall not be responsible for any loss or liability that may result.

As a user, you may create a user identity for purposes of accessing your advertisement or advertising artwork design(s) in progress. Your user identity will include certain personal information.. If information will be shared with the newspaper affiliate. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Conditions of Use, your user identity and password for the website. You shall immediately notify The Ad Wizard if you suspect any loss or theft of these items or any unauthorized use of them or of the website. In such an event, we may impose additional security requirements on you and/or discontinue your access, at our sole discretion.

The Ad Wizard reserves the right, at our sole discretion, to reject, cancel or terminate your access to the The Ad Wizard website, your order for any product or service offered by The Ad Wizard, including one pursuant to a License Agreement, at any time and without prior notice. You agree that Ad Wizard shall not be liable to you or any third party for any rejection, cancellation or termination of your access to The Ad Wizard website, your order or your License Agreement. If we reject, cancel, or terminate your order or License Agreement for a reason other than your breach or non-performance under your License Agreement, we will refund any prepayments made by you to The Ad Wizard relating to the rejected, canceled or terminated order or License Agreement.

The Ad Wizard will maintain and grant you access to your in-progress information from the date you initially accept the License Agreement until your advertisement or advertising artwork is finished, for a period up to one year. If you have not accessed your in-progress information within one year's time, the information may be deleted at our sole discretion, at a time of our choosing.

Disclaimer of Warranty/Limitation of Liability:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY THE AD WIZARD ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AD WIZARD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

THE AD WIZARD DOES NOT REPRESENT OR WARRANT THAT WE HAVE THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS OR SERVICES PROVIDED TO YOU NOR THAT SUCH PRODUCTS OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. THE AD WIZARD WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS OR SERVICES TO BE DELIVERED UNDER YOUR LICENSE AGREEMENT, AND WILL DELIVER THE SAME "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO USE SUCH PRODUCTS OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.

THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AD WIZARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS. THE AD WIZARD DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE AD WIZARD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT IT WILL NOT EXPERIENCE COMMUNICATION DELAYS OR FAILURES. THE AD WIZARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AD WIZARD USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. THE AD WIZARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN YOUR LICENSE AGREEMENT OR THESE CONDITIONS OF USE, THE AD WIZARD'S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE LICENSE AGREEMENT OR OUR PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID TO THE AD WIZARD FOR SUCH PRODUCTS OR SERVICES.

Third Party Links:

Linked websites are not under the control of The Ad Wizard and The Ad Wizard is not responsible for the availability or contents of any linked site or any link contained in a linked site. Ad Wizard provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by The Ad Wizard of the site. If you choose to use any linked content, you do so at your own risk.

Applicable Law:

By visiting the The Ad Wizard website, you agree that the laws of the Province of British Columbia, Canada, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Ad Wizard. This website is operated and controlled by The Ad Wizard from our offices in British Columbia, Canada. We do not represent that materials on the website are appropriate or available for use in other locations. If you choose to access this website from another location you do so at your own initiative and are responsible for compliance with any local laws.

Disputes:

Any dispute relating in any way to your visit or access of the Ad Wizard website or to the licenses or products or services you purchase through the Ad Wizard website shall be submitted to binding arbitration in Vancouver, British Columbia, Canada, except that, to the extent you have in any manner violated or threatened to violate Ad Wizard's intellectual property rights, The Ad Wizard may seek injunctive or other appropriate relief in any provincial or federal court in Canada, and you irrevocably consent to personal and exclusive jurisdiction and venue in such courts. Under no circumstances shall the laws of any other Country or State be applied, even where this result would be implicated by conflict of law principles. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification:

You agree to indemnify, defend and hold harmless The Ad Wizard, its officers, directors, owners, partners, subsidiaries, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, claims of any third party, including attorney's fees, due to, arising out of, related to or otherwise (i) attributable to the actual or alleged infringement or violation of any intellectual property right claimed by a third party, or otherwise arising out of or related to any materials or intellectual property you provided, (ii) resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you, (iii) your use of any of the products or services provided by The Ad Wizard or (iv) your use and access of the The Ad Wizard website.

International Use:

Given the global nature of the Internet, you agree to comply with all local rules and laws including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

Other Provisions:

These Conditions of Use set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by The Ad Wizard (for example, the Privacy Policy and License Agreement) as a condition precedent to your use of the website. No modification, amendment, or waiver of these Conditions of Use shall be binding unless evidenced in writing and signed by The Ad Wizard. The language of these Conditions of Use shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Conditions of Use shall not affect the meaning or interpretation of these Conditions of Use.

The Ad Wizard' failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. The Ad Wizard may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

You may contact us at: legal@theadwizard.com

PRIVACY POLICY:

Ad Wizard is committed to protecting your privacy. That is why we have adopted this Privacy Policy, which is intended to describe how your personal information is processed and used. We will make every effort to ensure that our activities remain within the spirit of this Privacy Policy. Please note that by visiting and using the Ad Wizard website, you are accepting the practices described in this Privacy Policy. Ad Wizard may change the terms of this Privacy Policy at any time. Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. When we make changes, we will also update the revision date at the top of the document.

What Information is Ad Wizard gathering about its visitors and how is it being used?

Every computer connected to the Internet is provided with a domain name (e.g. netnation.net) and an IP Address (e.g. 152.765.14.445). When a visitor requests a page from within the Ad Wizard website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:

The IP Address of the Site that may have Referred you.
Your IP Address.
The Web Page that you may have linked to us from, if any.
The pages requested, and time and date of that request.
The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 6.0)
The Operating System platform that you may be running (e.g. Macintosh or Windows)
Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)
There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems on the computers of the users that visit our site.

Protection of Children's Personal Information:

The Ad Wizard and theadwizard.com is a general audience website and we do not knowingly collect any personal information from children (those under the age of 13).

What about Cookies?

Cookies are small pieces of data that are transferred to your computer's hard drive through your Web browser from our website. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The Ad Wizard website utilizes cookies as a means of providing personalization features to our visitors. For example, we utilize cookies to remember settings that you may have made at our website (design information, responses to questions) and to monitor usage trends.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser's help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished, access may be denied, and some features may not work as intended.

What other information does Ad Wizard request?

We may also request your e-mail address or mailing address, phone number and input for the purposes of delivering the final version of your advertisement or advertising artwork, notifying you of login information, conducting a survey, adding you to our mailing list, or by your request to have someone contact you on a customer service issue or for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No Spam" policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. If you give us personal information on another person, such as a spouse or co-worker, we will assume that they gave you their permission to do so.

We retain information on advertisement or advertising artwork designs in progress in password-protected files.

When you use Ad Wizard to access or review design projects, the software may record the date and time that you reviewed the designs.

In addition, Ad Wizard will not send you e-mail that you have not agreed to receive. If you are a member of our Mailing List, you may be contacted with announcements, news, portfolio additions, and new products or services. You have the option of "Unsubscribing" from our Mailing List at any time, thereby disabling any further such e-mail communication from being sent to you. If you wish to have specific communications with a member of the Ad Wizard staff, you will be required to provide specific information that will be routed to the appropriate contact within Ad Wizard.

What information does Ad Wizard collect when I purchase something?

If you purchase something, such as a license for use of a advertisement or advertising artwork, or other products such as stationery, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:

Your Name
Billing Address (for Credit Card Orders)
Shipping Address
E-Mail Address
Phone Number
Credit Card Number (for Credit Card Orders)
Expiration Date (for Credit Card Orders)
We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.

Will The Ad Wizard disclose the information collected to Third Parties?

Ad Wizard will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

Conform to the edicts of the law or comply with a legal process served on InPrint Media Sales Ltd., a British Columbia, Canada corporation doing business as The Ad Wizard. Protect and defend the rights or property of The Ad Wizard, or visitors of The Ad Wizard. Identify persons who may be violating the law, the legal notice, or the rights of third parties.

Cooperate with the investigations of purported unlawful activities. We may employ third parties to perform acts on our behalf, for example to fill orders, send mail, process credit card payments, handle questions and customer service, etc. We may also need to provide your personal information to these parties. We will give them only the information needed to perform their duties, and will prohibit them from using the information for any other purpose.

Miscellaneous information that is not solely personal to you or that is anonymous may be used to improve our website and service, to monitor usage, and for general business purposes. We may disclose this information to third parties for business reasons, including allowing publishers to learn which information is of interest to their readers, allowing advertisers to learn usage habits or characteristics of the users, and to allow potential investors to understand our business.

The Ad Wizard welcomes your comments regarding this Privacy Policy, please contact us by e-mail at legal@theadwizard.com

The Ad Wizard uses reasonable precautions to keep the information disclosed to us secure. For example, we store the personal information provided to us in computer servers with limited access and locate them in controlled facilities. However, no data sent over the internet or wireless networks can be sure of security. Thus, despite our efforts, we cannot guarantee the security of any information that you send to us, and thus you do so at your own risk.

When we transmit sensitive information (such as credit card numbers) over the internet, we use encryption for protection. Ad Wizard reserves the right to transfer information in connection with the sale of all or part of The Ad Wizard capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. For your convenience, Ad Wizard may also provide "links" to a wide variety of other web sites on the Internet. We are not responsible for their content or Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy.

 
 
 
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