1. ACCEPTANCE OF TERMS
   Adviper.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by Adviper.com or Musqo from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.adviper.com/terms.php. If you have any questions about these terms and how they apply to you, please contact AdViper through the contact form at http://www.adviper.com/contact.php.

2. DESCRIPTION OF SERVICE
   Adviper.com provides its members with the ability to buy advertising space for, and/or sell advertising space on, their websites. Advertising is sold on a CPC (Cost Per Click) or CPM (Cost Per Thousand Impressions) basis for Campaign Placements, and on a monthly recurring rate for Direct Placements. "Direct Placements" or "Site Targeted Placements" are ad placements in which the advertiser places an ad on a specific ad unit and on a specific website. Direct Placements are charged to the advertiser as a recurring monthly fee based on the publisher's asking price at the time the ad is placed. "Campaign Placements" or "Run of Network Placements" are ad placements in which the advertiser places an ad to be shown on multiple websites, with specified criteria as set forth in the campaign form, and these placements are charged on either CPC or CPM basis, depending on the campaign objectives. You understand, as both a publisher and/or an advertiser, that clients may choose to employ ad-filtering software, or have ad-filtering software applied to their internet connection. While this implies that not every viewer of a website will see every ad displayed through Adviper.com, the majority of internet browsers do not filter our ads. You understand and agree that while Adviper.com strives to supply ads to every website viewer that is not filtering them, there may be some readers who elect not to view the ads. You also understand and agree that the Service may include certain non-advertising-based communications from Adviper.com, such as administrative messages and that these communications are considered part of Adviper.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS (Terms of Service). You understand and agree that the Service is provided "AS-IS" and that Adviper.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that we do not edit the content on Adviper.com, and therefore there may be certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. IMPLEMENTATION AND OPERATION OF ADS, AD UNITS, AND REFERRALS                                                                      

   You agree to comply with the specifications provided by Adviper.com from time to time to enable proper delivery, display, tracking, and reporting of Ads, Links, Referral Buttons, and Adviper.com Brand Features in connection with Your Property(ies), including without limitation by not modifying the JavaScript or other programming provided to You by Adviper.com in any way, unless expressly authorized in writing by Adviper.com (including by electronic mail).

   1. Ad Placements: Member is solely responsible for all: (a) ad targeting options and keywords (collectively "Targets") and all ad content, ad information, ad images, ad messages, and ad URLs ("Creative"), whether generated by or for Member; and (b) web sites, services and landing pages which Creative links or directs viewers to, and advertised services and products (collectively "Services"). Member understands and agrees that ads may be placed on any content or property provided by Adviper.com ("Adviper.com Property"), and, unless Member opts out of such placement in the manner specified by Adviper.com, any other content or property provided by a third party ("Partner") upon which Adviper.com places ads ("Partner Property"). Adviper.com may modify any of its Programs at any time without liability. Adviper.com or Partners may reject or remove any ad or Target for any or no reason.

                                                               i.      Direct Ad Placements: Member agrees and understands that all “Direct Ad Placements” are placements whereby the member places an ad on a specific ad unit on a specific website. Member also agrees that such ad placements may be subject to the approval of the publisher or owner of the website and ad unit being advertised on. Member agrees that upon all approval of the ad placement, the member’s account will be charged with the listed price per month. Member agrees that member may choose to inactivate or delete the ad once placed, however member will not have rights to moneys charged prior to inactivation or deletion of the specified ad unit. Member also understands and agrees that upon placing a "Direct Ad Placement", Member will be billed monthly for the ad placed until such time that Member decided to end the ad placement. Member also agrees that any recurring billings processed are pro-rated and are non-refundable.

                                                             ii.      Campaign / Network Ad Placements: Member agrees and understands that “Campaign Ad Placements” or “Run-of-Network Ad Placements” constitute ads placements by the member to be displayed on multiple websites and ad units within the Adviper.com Ad Network with “Target” criteria as specified by member in the Campaign Placement form.

2. Ad Units: All content and Property-based Ads (and Ads served in response to end user clicks on and queries entered into Links, if any) shall be grouped by Adviper.com and displayed with Links (where applicable) to end users of the Property(ies) as ad units (such groups of Ads and/or Links collectively referred to as "Ad Units") in standard formats as offered generally by Adviper.com from time to time. You may select a format approved by Adviper.com for the display of Ad Units in connection with the Property(ies), but You acknowledge and agree that Ads and/or Links: (i) shall only be displayed in connection with the Property(ies), each of which is subject to review and approval by Adviper.com in its discretion at any time; and (ii) shall be subject to the placement guidelines set forth herein. Member agrees that all ad placements placed on each ad unit will automatically be approved, unless member opts to manually approve all ads in the ad unit setup form. Member also agrees that each ad unit will accept Network Ads or Campaign Ads, unless member opts out of accepting these ads from the ad unit form. Member also agrees that Adviper.com will be in charge of the approval of all Network Ads or Campaign Ads, and will notify Adviper.com upon identification of any ad that violates Adviper.com Advertising policies as set forth herein. You agree to direct to Adviper.com, and not to any advertiser, any communication regarding any Ad(s) or Link(s) displayed in connection with Your Property(ies).
3. Referrals: If You have elected to participate in the Adviper.com Referral Program, You will implement any Referral Buttons on Your Property(ies) in accordance with the specifications provided by Adviper.com. End users who click on a Referral Button will be directed to a Web page that may be hosted by Adviper.com (“Referral Page”), and the format, look and feel of those Web pages hosted by Adviper.com may be modified by Adviper.com from time to time. A “Referral Event” will be initiated when an end user clicks on a Referral Button from the Property and will be completed when the referral requirements for the relevant product are satisfied in accordance with this Agreement. Such referral requirements are located at http://www.adviper.com/members/?f=referrals, or such other URL as Adviper.com may provide from time to time. You agree to comply with the specifications provided by Adviper.com from time to time to enable proper tracking and reporting of Referral Events in connection with Your Property. You shall not promote or facilitate a Referral Event by any means other than displaying a Referral Button on the Property, unless expressly authorized in writing by Adviper.com (including by electronic mail). In the event that any ad unit on any of your websites have no placement, Adviper.com will automatically display a referral banner which will qualify as a referral button.

4. YOUR REGISTRATION OBLIGATIONS
   In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Adviper.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adviper.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Adviper.com is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 7 below) are appropriate for your child.

5. Adviper.com PRIVACY POLICY
   Registration Data and certain other information about you is collected through use of our Service. Adviper.com does not rent, sell, or share personal information about you with other people or companies except to provide products or services you've requested, or when we have your permission, or in the case of responding to subpoenas, court orders, legal process, and in defense against legal claims. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to the United States and Canada and/or other countries for storage, processing and use by Adviper.com.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY
   You will receive a confirmation email upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account/username/userID and are fully responsible for all activities that occur under your password or account/username/userID. You agree to (a) immediately notify Adviper.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Adviper.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. MEMBER CONDUCT
   You understand that all information, data, text or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Adviper.com, are entirely responsible for all Content that you upload, post, or otherwise make available via the Service. Adviper.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Adviper.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
   a. upload, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   
   b. harm minors in any way;
   
   c. impersonate any person or entity, including, but not limited to, a Adviper.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   
   d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   
   e. upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
   
   f. upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   
   g. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
   
   h. upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   
   i, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   
   j. intentionally or unintentionally violate any applicable local, provincial, national or international law,
   
   k. "stalk" or otherwise harass another; and/or
   
   l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above. You acknowledge that Adviper.com may or may not pre-screen Content, but that Adviper.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Adviper.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Adviper.com or submitted to Adviper.com. You acknowledge, consent and agree that Adviper.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Adviper.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Adviper.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
   Adviper.com does not claim ownership of Content you submit or make available for inclusion on the Service. The copyright of any copyrighted Content remains with the source. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Adviper.com the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Adviper.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Services of Adviper.com. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Adviper.com removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the Adviper.com network of properties that are intended by Adviper.com to be available to the general public. By way of example, publicly accessible areas of the Service would include the index page and others which are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Adviper.com that are limited to members, or areas off of the Adviper.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Adviper.com.

10. INDEMNITY
    You agree to indemnify and hold Adviper.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, any portion of the Service (including your Adviper.com ID), use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
    You acknowledge that Adviper.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, You agree that Adviper.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Adviper.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Adviper.com reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO SERVICE
    Adviper.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Adviper.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION
    You agree that Adviper.com may, under certain circumstances and without prior notice, immediately terminate your Adviper.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Adviper.com account includes (a) removal of access to all offerings within the Service, and (b) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Adviper.com's sole discretion and that Adviper.com shall not be liable to you or any third party for any termination of your account or access to the Service.

15. DEALINGS WITH ADVERTISERS
    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Adviper.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. LINKS
    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Adviper.com has no control over such sites and resources, you acknowledge and agree that Adviper.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Adviper.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. ADVIPER.COM'S PROPRIETARY RIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Adviper.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Adviper.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Adviper.com for use in accessing the Service.

18. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Adviper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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. Adviper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. SPECIFICALLY BUT WITHOUT LIMITATION, Adviper.com DOES NOT AND CAN NOT GUARANTEE THAT SITES UPON WHICH ADVERTISING IS PURCHASED WILL REMAIN UP AND RESPONSIVE WHILE THE ADVERTISING IS IN EFFECT. WHILE WE DO HAVE PROCESSES IN PLACE TO SUSPEND PUBLISHERS WHOSE SITES ARE NOT RESPONSIVE OR WHO ARE NOT DISPLAYING ADS PROPERLY, ALL ADVERTISING IS AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Adviper.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT Adviper.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Adviper.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) INDIRECTLY THROUGH THE USE OF ANY SITE CONTACTED OR REFERRED THROUGH THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

21. NO THIRD-PARTY BENEFICIARIES
    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. NOTICE
    Adviper.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

23. TRADEMARK INFORMATION
    The Adviper.com trademarks and service marks and other Adviper.com logos and product and service names are the property of Adviper.com (the "Adviper.com Marks"). Without Adviper.com's prior permission, you agree not to display or use in any manner the Adviper.com Marks.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
    Adviper.com respects the intellectual property of others, and we ask our users to do the same. Adviper.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Adviper.com's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Adviper.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Legal & Compliance Dept. Musqo: Adviper.com, 9809 Regent St #202, Los Angeles, CA 90034, USA By email: legal@musqo.net

25. SERVICE DOWNTIME
    In the event the site is offline or otherwise critically unusable for an extended period of time, advertisers will not be charged for campaign placements, publisher network placements, or run-of-network placements, and website owners will not receive funds for such placements. This is because ads were not being displayed.

26. COMPLIANCY
    Publishers that are selling ads on their site have an obligation to keep the ad unit code displayed as long as the ad unit is active. We employ a script to automatically check up on member sites in certain circumstances, such as in the event that we do not register hits from an ad unit for an extended period of time. If this script is unable to detect the code for our ad units on the site, the ad unit will be automatically suspended. You agree to allow these occasional, automated requests of your site.

27. ARTIFICIAL HIT GENERATION
    There exist sites which, either for free or for a fee, will deliver traffic to your site, often by encouraging their members to visit a site for a few seconds in exchange for credit. Such sites are not advertising networks, but often describe themselves using phrases like 'auto hits', 'auto surf', and so on. Usage of such sites is not allowed on Adviper.com and any publishers found to be employing such services may have their Adviper.com account suspended, and may be removed from the Service. Any publishers whose accounts are suspended or removed for such reasons will lose any and all rights to the funds they have earned on that account, and will be liable to return all funds (including funds withdrawn) to Adviper.com.

28. GENERAL INFORMATION
    Entire Agreement. This TOS constitutes the entire agreement between you and Adviper.com, and governs your use of the Service, superseding any prior agreements between you and Adviper.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Adviper.com services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Adviper.com shall be governed by the laws of the County of Los Angeles and State of California without regard to its conflict of law provisions. You and Adviper.com agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, CA USA. Waiver and Severability of Terms. The failure of Adviper.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Adviper.com account is non-transferable and any rights to your Adviper.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

29. VIOLATIONS
    Please report any violations of the TOS to TOSviolations@musqo.net.

30. YOUR RELEASE AND WAIVER
    You understand and agree that Adviper.com acts as the venue for sellers to list items and buyers to bid on items in connection with Adviper.com. Adviper.com is not involved in the actual transaction between buyers and sellers. Adviper.com does not screen or control users who may sell or bid on auction items, nor does Adviper.com review or authenticate all auction listings or items offered for sale. Because Adviper.com is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Adviper.com and its affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code �1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Also, as Adviper.com is acting only as a venue, Adviper.com is not responsible for the collection and remittance of any federal, state or local taxes. Buyers and sellers are responsible for all tax related issues that may arise.

31. LEGAL COMPLIANCE
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Adviper.com and your bidding on, listing of, purchase of, and sale of any and all items.

32. INTEREST ON FUNDS
    You agree that any unclaimed funds credited to your account do not earn interest, and are not treated as currency.

33. UNCLAIMED FUNDS
    If there is no activity on your account for a period of six months, we reserve the right to close your account, at which point any unclaimed funds will revert to Adviper.com.

34. Adviper.com RESERVATION OF RIGHTS
    Adviper.com expressly reserves the right to, but has no duty to, refuse, reject or remove any listing in Adviper.com's sole discretion. You acknowledge and agree that Adviper.com has the right to immediately modify, suspend or terminate any listings or your account and refuse current or future use of any Adviper.com service if Adviper.com, in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) have acted inconsistently with the spirit or letter of these additional terms or any document incorporated by reference, including, without limitation, the Adviper.com Guidelines. Your Adviper.com account may be terminated if you do not use this service at least one time during a reasonable period of time (as determined by Adviper.com) which will not be less than three months.

35. MISCELLANEOUS
    This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Los Angeles County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Adviper.com. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Adviper.com. Notwithstanding the foregoing, Adviper.com may assign this Agreement to any affiliate at any time without notice. The relationship between Adviper.com and You is not one of a legal partnership relationship, but is one of independent contractors.
    
     

Last Updated Feb 15, 2010.