Terms of Service
1. ACCEPTANCE OF TERMS
MyKeyPhrase.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. If you printed this out, to review the most current version of the TOS at anytime go to: http://www.MyKeyPhrase.com/p-13-terms-of-service.html. In addition, when using particular MyKeyPhrase.com services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules will be found here. MyKeyPhrase.com also may offer other services from time to time that could be governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
MyKeyPhrase.com provides merchants with online pay per click advertising options.
You also understand and agree that the service may include certain communications from MyKeyPhrase.com, such as service announcements, administrative messages and the MyKeyPhrase.com Newsletter, and that these communications are considered part of MyKeyPhrase.com membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that MyKeyPhrase.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. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being 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 incomplete or MyKeyPhrase.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete MyKeyPhrase.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). MyKeyPhrase.com is concerned about the safety and privacy of all its users.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyKeyPhrase.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. MyKeyPhrase.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. REFUNDS, SUBSCRIPTIONS
MyKeyPhrase.com offers no refunds on valid pay per click services used, all sales are final. Once you have paid for advertising we will not refund monies if you disagree for reasons other than proven click fraud.
You also understand that some payment options within your membership that are labeled as "renewable" "renewal" "automatic" are automatically renewed based on the terms selected by the member.
6. INDEMNITY
You agree to indemnify and hold MyKeyPhrase.com, INC. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content 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.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyKeyPhrase.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that project or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on MyKeyPhrase.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MyKeyPhrase.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that MyKeyPhrase.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyKeyPhrase.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. MODIFICATIONS TO SERVICE
MyKeyPhrase.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 MyKeyPhrase.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that MyKeyPhrase.com may, under certain circumstances and without prior notice, immediately terminate your MyKeyPhrase.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 issues or problems, and (f) extended periods of inactivity. Termination of your MyKeyPhrase.com account includes (a) removal of access to all offerings within the Service, and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MyKeyPhrase.com's sole discretion and that MyKeyPhrase.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
11. MYKEYPHRASE.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. Except as expressly authorized by MyKeyPhrase.com, 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.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYKEYPHRASE.COM EXPRESSLY DISCLAIMS 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.
b. MYKEYPHRASE.COM MAKES 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.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYKEYPHRASE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYKEYPHRASE.COM SHALL NOT BE LIABLE 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 MYKEYPHRASE.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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. 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.
15. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
16. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MyKeyPhrase.com and govern your use of the Service, super-ceding any prior agreements between you and MyKeyPhrase.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MyKeyPhrase.com shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and MyKeyPhrase.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Douglas, GA. The failure of MyKeyPhrase.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. 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.