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GUARANTEE:
You are guaranteed quality traffic to your website and maximum exposure for your products or services. You only pay for performance . We do not guarantee any sale of your products
or services.
REFUNDS:
If we are unable to deliver the number of visitors ordered,
you may claim a refund. In the unlikely event that we cannot
deliver the number of visitors promised, we will provide a refund
of your entire purchase price on a pro-rata basis. In cases
where refunds are claimed, we reserve the right to require proof
that the proper number of visitors were not delivered. Stats,
data and other information from third party counters (e.g. Extreme-DM.com,
hitbox) are not sufficient to establish a claim. These counting
systems tend to yield an improper count. If we dispute your
claim, you must provide us with RAW server logs from the site
and time period in question - this is the only reliable method
of counting a visitor.
Deposits by
Advertisers: Advertisers may deposit money into their
account by credit card or by check. If an Advertiser chooses to
deposit money into their account by sending a check to Babadorie
Online, the account will not reflect the deposited amount until
the check has cleared and funds have been moved to your
Babadorie Online account. No funds deposited into an
Advertiser’s Babadorie Online account shall accrue interest.
Checks received from you
that are not honored by your bank will be subject to a $40
service charge.
SITE
CONTENT: (1) We cannot deliver visitors to sites with popup
windows (with one exception, see below). Any additional window
generated by your site shall be considered a popup window,
including popunder windows and JavaScript alert windows. If a
popup window is installed on the URL at any time, we may stop
the campaign and you will not be entitled to a refund.
(2) We cannot deliver visitors to sites containing content that
is not appropriate for viewing by a general audience.
Inappropriate content includes, but is not limited to, adult
content, hate text, illegal content (in the US) and content that
encourages illegal activities or violence. What constitutes
inappropriate content shall be determined at our sole
discretion. We will review your site before beginning the
campaign. If your site is changed during the campaign such that
it includes inappropriate content, we may stop your campaign
immediately. In this case, we will provide a refund on a
pro-rata basis.
LIMITATIONS:
We cannot be held responsible for factors beyond our control
that may interfere with our ability to deliver visitors to your
URL. Such factors include, but are not limited to: downtime on
your server, overuse of your bandwidth quota (if applicable),
errors on your site and network outages beyond our servers.
Please contact your web hosting company or network provider if
you are unsure about whether your hosting account is sufficient
for the program you are ordering.
TERMINOLOGY:
(1) In the present context, a visit generally occurs when a text
file is loaded from your server (this includes HTML files). A
hit occurs when a file is loaded from your web server. Since
loading a single web page can cause several files to load (e.g.
images), several hits usually occur when a page is loaded. Thus,
the number of hits is always greater than (or equal to) the
number of visits. The term “number of visitors” is
interchangeable with the term “number of visits.” Several
“visits” may originate from a single IP address or
individual. This generally occurs when an individual returns to
or reloads a webpage.
(2) “Pro-rata” refunds are calculated by dividing the number
of visits we delivered by the number of visits you ordered. The
result of this calculation is subtracted from 1 and the
resulting figure is multiplied by your purchase price to derive
the “pro-rata” refund.
NO WARRANTIES
THE FOLLOWING DISCLAIMERS
APPLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW:
NOTWITHSTANDING ANY TERM IN THIS USER AGREEMENT TO THE CONTRARY:
(A) Babadorie Online DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE Babadorie Online PROGRAM, YOUR USE OF SUCH
SERVICE AND ANY PRODUCTS OR SERVICES SOLD ARISING OUT THE USE OF
SUCH SERVICE; AND (B) Babadorie Online DISCLAIMS ANY WARRANTY
THAT (1) THE Babadorie Online PROGRAM WILL NOT BE INTERRUPTED OR
FREE OF ERRORS, (2) THAT DEFECTS WILL BE CORRECTED, (3) THAT THE
PROGRAM IS VIRUS FREE, (4) THAT THE SECURITY METHODS USED BY
Babadorie Online WILL NOT BE COMPROMISED, AND (5) THAT THE
TRAFFIC RECEIVED BY ADVERTISER WILL BE LEGITIMATE TRAFFIC.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL
Babadorie Online BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY
FOR DIRECT OR INDIRECT DAMAGES, LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF ANY ACTS OR OMISSIONS OF AN
ADVERTISER OR AFFILIATE OR THEIR EMPLOYEES OR AGENTS, OR
NEGLIGENCE, OR ARISING OUT OF OR IN CONNECTION WITH THE
Babadorie Online SERVICES, INFORMATION PROVIDED BY ADVERTISERS
OR AFFILIATES, PRODUCTS OR SERVICES SOLD BY ADVERTISERS OR
AFFILIATES, THIS USER AGREEMENT OR TRANSACTIONS BY OR AMONG
ADVERTISERS AND AFFILIATES, OR THIRD PARTIES WHO TRANSACT
BUSINESS WITH ANY ADVERTISER OR AFFILIATE. EXCEPT AS EXPRESSLY
PROVIDED FOR OTHERWISE IN THE REFUND PARAGRAPH OF THIS USER
AGREEMENT, Babadorie Online’S LIABILITY TO YOU OR ANY THIRD
PARTIES IN ANY AND ALL CIRCUMSTANCE IS LIMITED TO THE
OUTSTANDING AMOUNT OF BALANCES DEPOSITED OR BALANCES ACCRUED AS
AN ACTIVE Babadorie Online MEMBER MINUS TRANSACTION PAYOUTS
(I.E. MONIES PAID TO AFFILIATES FOR TRAFFIC SENT TO AN
ADVERTISER) AND Babadorie Online SERVICE CHARGE(S). THIS
LIMITATION OF LIABILITY IS APPLICABLE TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.
END
OF TERMS
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