 ecoReef Tools |
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 Help us help the reefs |
Simply by using our tools you will be attracting advertisers. Money from ads goes to the reefs. That's great! But if you want to do a bit more... here is how you can help:
Ads by ecoReef- Show our ads in your site. Help the reefs and make money 
Marine Aquaria Search Box- Add our search box to your site, MySpace, Facebook, etc.
Forums- Post questions & answers in our forums. We'll pay you to do so!
Knowledge- Help build our encyclopedia
Sponsorships- Be a sponsor, increase your business' exposure ...while helping the World's Coral Reefs.
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Terms & Conditions
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Please help us maintain this site useful, fun and free by reporting any illegal/offensive content, spam, copyright violations, or any other problem.
Introduction.
The General Section of this Terms & Conditions document applies to all pages within ecoReef.org, while the other sections address the specific rules of some of ecoReef's tools. However, by accessing any webpage within ecoReef.org you are agreeing to the Terms & Conditions of ALL sections in this document, including those available by hyperlink. In this document, "we" or "ecoReef" means ecoReef International and any website, software, code, service or product owned by ecoReef International.
This policy is effective 25/09/2008.
1. General Section
Content.
When you give us content, you are agreeing to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We actually need these rights to host and display your content in our site.). To keep all content safe, all users (including you) need to agree to not copy, modify, or distribute any content from other ecoReef users. If you think that your rights have been violated, let us know and we will investigate the matter. If we think that posted content violates any party's rights, we reserve the right to remove the content and potentially to ban the abusing user from ecoReef. You also agree not to copy, modify, or distribute ecoReef content, copyrights or trademarks.
Personal Information.
By using ecoReef, you agree to the collection, transfer, storage and use of your personal information by ecoReef. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Privacy.
We don't sell or rent users' personal information to third parties for their marketing purposes without users' explicit consent, as expressed in our Privacy Policy. However, if you voluntarily disclose personal information (name, email address, etc.), it could be collected by others and may result in unsolicited messages and spam.
Liability.
Most items on ecoReef come from other users, therefore you agree not to hold us responsible for things other users post or do. We do not guarantee the accuracy, quality, safety, or legality of user posted items, services or communications. We are not liable for any loss of money, or profit, or goodwill, or reputation, arising out of your use of ecoReef. We are also not liable for any special, indirect, or consequential damages that may result from your use of ecoReef. We disclaim all warranties, representations and conditions, whether express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.
Assumption of risk.
Use this web site at your own risk. Neither ecoReef, nor any of its sponsors shall be liable to you or anyone else for any injury, any loss of money, or profit, or goodwill, or reputation, arising out of your use of ecoReef or arising out of any action taken in response to or as a result of any information available on this web site. You hereby waive any and all claims against ecoReef arising out of your use of the services of this web site and the information available thereon. This assumption of risk is extended to any information or content linked to our website. We do not review or monitor any web sites linked to ecoReef and we are not responsible for the content of any such linked web sites.
Abusing ecoReef.
You agree that ecoReef, in its sole discretion and without notice, may ban access to all ecoReef services, remove hosted content and take legal and technological steps against users that (a) ecoReef believes that have acted inconsistently with the spirit or the letter of this Terms of Use or (b) ecoReef believes that the rights of other users have been violated. In any case, we do not accept any liability for monitoring ecoReef, for illegal or unlawful content on ecoReef or for use of ecoReef by users.
2. ecoReef-Bid Section
Using ecoReef-Bid.
You will only post items directly related to the marine aquaria hobby. You will post in the appropriate category and you will not post multiple items that are too similar to each other. Also you will not do any of the following:
- violate any laws;
- trade endangered or illegal species;
- be false or misleading;
- infringe third-party rights;
- distribute spam or chain letters;
- distribute multi-level marketing and/or pyramid schemes;
- distribute viruses or any other technologies that may harm ecoReef or the property or interests of ecoReef users;
- interfere with the proper functioning of ecoReef;
- copy, modify, or distribute any other person's content;
- collect email addresses or other information about others, without their consent;
- hack ecoReef or bypass restriction measurements to access ecoReef systems, code and databases.
Fees and Services.
Using ecoReef-Bid is free. This includes posting items, bidding and buying items from posts, messaging sellers, using forums, etc. We may charge fees for premium services such as post-featuring, title-bolding, attention getters, etc. Our fees are quoted in American Dollars, and are non-refundable. You are responsible for paying them when they're due; we may limit access to ecoReef services if you don't pay them in time. Although we intend to maintain our fees as low as they are, and we normally inform our customers of our plans as early as possible, we do reserve the rights to modify our fees without previous notice.
3. ecoReef-Ads Section
Introduction.
This Agreement between you and The Network ("ecoReef") consists of ecoReef's Standard Terms and Conditions ("Terms and Conditions"), the ecoReef's Program (the "Program") Guidelines, which may be revised periodically, and the terms of any advertising campaign you submit or modify. "You" or "Advertiser" means the entity identified in this enrolment form, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions and the Program.
Uses; Partner Sites.
You agree that your ads may be placed on (i) any site owned or operated by ecoReef and (ii) on any site owned by a third party (a "Partner") with which ecoReef has an agreement to place ecoReef ads ("Partner Site"). Unless otherwise agreed to in writing by ecoReef, any ads may be modified without your consent to comply with any policy of ecoReef or any Partner Site. ecoReef reserves the right to, and in its sole discretion may, at any time review, reject, modify, or remove any ad. The Partners may also have certain rights allowing them to reject, modify or withdraw ads placed under this Agreement. No liability of ecoReef and/or any Partner shall result from any such decision.
Communications Solely With ecoReef.
Even if your ad(s) are placed on Partner Site(s), you agree to direct to ecoReef, and not to any Partner, any communication regarding your ad(s) on any Partner Site.
Approval of Advertisement.
Any character title, keyword, site description or URL (collectively, the "Listing") and Bid Amount submitted to ecoReef-Ads Network is subject to the prior approval of ecoReef. ecoReef will not allow any Listings which are not relevant to marine aquaria, inappropriate, offensive or irrelevant. Once you submit your Listing, ecoReef will review your submission for editorial integrity, relevance, appropriateness and accurate mapping to ecoReef-Ads network of Sites. You will be notified of rejections. ecoReef reserves the unrestricted right to reject or cancel any Listing for any reason at any time. When you bid for placement on ecoReef-Ads network of sites, your approved Listing may also be posted on sites with which we have partnered (at a minimum, the Listing's title will be displayed). As a result, Listings may appear anywhere on the World Wide Web, including on our sites and our partner sites, Listing positioning and placement is determined by ecoReef in its sole discretion and is subject to change in ecoReef 's sole discretion. ecoReef reserves the right to edit any titles and/or descriptions and to suspend and/or remove any Listing at any time for any reason.
ecoReef-Ads Guidelines.
ecoReef-Ads Guidelines contain many important policies and procedures. ecoReef may modify these Guidelines at any time upon notice published on ecoReef's Web Site.
Parties' Responsibilities.
You are responsible for knowing the contents of the ecoReef-Ads Guidelines. You are solely responsible for the selection of all "Targets" (any category, and other targeting mechanism), and for the content of your ads, including URL links. ecoReef is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
Prohibited Uses.
ecoReef strictly prohibits using ecoReef's Web Site or any Partner Site(s) (i) to generate fraudulent impressions of or fraudulent clicks on Advertiser's ad(s) or third-party ad(s), including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) to advertise substances, services, products or materials that are illegal in any state or country where the ad is displayed; (iii) in any way that violates any policy posted on ecoReef Web Site, as revised from time to time; or (iv) to engage in any other illegal or fraudulent business practice under the laws of any state or country where the ad is displayed. You may not include links to any Web site(s) as part of your ad, unless the content found at such site(s) is relevant to your Target(s). You may not run multiple ads linking to the same or similar site on the same search results page; or (v) to advertise the sale of illegal or endangered species. Violation of these policies may result in removal of your ad or immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
Termination; Cancellation.
ecoReef may at any time, in its sole discretion, terminate the Program, terminate this Agreement, or cancel any ad(s) or your use of any Target. ecoReef will notify you via email of any such termination or cancellation, which shall be effective immediately. You may cancel any ad and/or terminate this Agreement with or without cause at any time. Cancelled ads will be discontinued within 24 hours of notice received via your account on the Program homepage. Termination of your account shall be effective when ecoReef receives notice via your account on the Program homepage. Upon termination for any reason, (i) you shall remain liable for any amount due for ads already delivered or for clicks on any ad(s). Existing credits on your account will be available for use only towards ecoReef. Should your account be terminated with a credit balance, your credit will not be refunded. All deposits are non-refundable.
Confidentiality.
Each party agrees not to disclose Confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes (i) ads, prior to publication, (ii) submissions or modifications relating to any advertising campaign, (iii) clickthrough rates or other statistics (except in an aggregated form that includes no identifiable information about you), and (iv) any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
No Guarantee.
ecoReef makes no guarantee regarding the levels of impressions or clicks for any ad on its site or those of its Partners. ecoReef may offer the same Target to more than one advertiser. You may not receive any impressions for your ad(s) if for a given Target there are more advertisers than available display positions.
No Warranty.
ecoReef MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability; Force Majeure.
In no event shall ecoReef or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) ecoReef's AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO ecoReef BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Payment.
You agree to pay ecoReef an upfront, non-refundable set up fee in the amount set forth on the registration form. You also agree to pay ecoReef based on the number of click-throughs to the specified Web site generated via the ecoReef-Ads Service. Such amount shall be determined by multiplying the number of click-throughs by your Bid Amount for each keyword and site purchased. You hereby authorize ecoReef to charge your credit card for your pre-determined amount as pursuant to the terms set forth in connection with ecoReef-Ads Service and you agree to pay all such charges. ecoReef will not rebill or perform scheduled charges to your account. Your advertising with ecoReef-Ads is contingent on an available credit in your Company account. ecoReef will suspend your currently active campaigns in ecoReef-Ads if your account balance falls to $0. If your account is reduced to $0 for 90 days or more, ecoReef may terminate your participation in ecoReef-Ads. If you dispute any charge made under the Program, you must notify ecoReef in writing within sixty (60) days of any such charge; failure to so notify ecoReef shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by ecoReef. No other measurements or statistics of any kind shall be accepted by ecoReef or have any effect under this Agreement. All deposits to your Company account are non-refundable.
Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to ecoReef to enroll in the Program is correct and current; (b) you hold all rights to permit ecoReef and any Partner(s) to use, reproduce, display, transmit and distribute ("Use") your ad(s); and (c) ecoReef and any Partner(s) Use, your Target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any Web site linked to your ad(s) (i) complies with all laws and regulations in any state or country where the ad is displayed; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.
Your Obligation to Indemnify.
You agree to indemnify, defend and hold ecoReef, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Program, your Web site, and/or your breach of any term of this Agreement. The customer understands and agrees that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
Information Rights.
ecoReef may retain and use for its own purposes all information you provide, including but not limited to Targets, URLs, the content of ads, and contact and billing information. ecoReef may share aggregate (i.e., not personally identifiable) information about you with advertisers, business partners, including syndication Partners, sponsors, and other third parties. The display of your ad on Partner Site(s) will provide access to Partner(s) to the content of your ads, including the URL(s), and any contact or other information that can be obtained through such URL(s), as well as data regarding queries or clicks on directory categories that may enable such Partner(s) to determine your Targets.
Miscellaneous.
Any decision made by ecoReef under this Agreement shall be final. ecoReef shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by ecoReef in collecting unpaid amounts under this Agreement. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. 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. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to ecoReef. The relationship(s) between ecoReef and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.
Code.
ecoReef Referral Partner ad codes must be not be modified from original format without consent from ecoReef. You agree to use the ad code provided for displaying Creative not more than ONCE per page view. Referral Partner ad codes may be placed in email messages. ecoReef Referral Partner ad codes may be used on Webpages that contain forums, discussion boards, or chat rooms. Publisher can not alter, copy, modify, take, sell, reuse, or divulge any ecoReef computer code, except as is necessary to partake in ecoReef-Ads Network, provided, however, with the prior approval of ecoReef, a Publisher may, in certain instances, modify ecoReef's computer code for purposes of inserting certain pre-approved language above or below an advertisement served by ecoReef.
4. Section for ecoReef-Forums and ecoReef-Blogs
Posting.
You agree to post with a friendly and healthy attitude. You agree not to post (or link to) content that is abusive, harassing, threatening, defamatory, obscene, vulgar, pornographic, illegal, unlawful, or that is offensive to a race or an ethnicity. You will not post content that is religious or political. You will not post material that is objectionable in any way, including, but not limited to, any material which encourages illegal or criminal conducts, violate the rights of other users, or otherwise violate any applicable law. You are responsible for your posts and we reserve the right to reveal any information about you in the case of a complaint or legal issue arising from content posted by you. Under any circumstance ecoReef is not liable for content posted by users.
Abusing ecoReef-Forums and ecoReef-Blogs.
You agree that ecoReef, in its sole discretion and without notice, may ban access to all ecoReef services, remove hosted content and take legal and technological steps against users that (a) ecoReef believes that have acted inconsistently with the spirit or the letter of this Terms & Conditions or (b) ecoReef believes that the rights of other users have been violated. In any case, we do not accept any liability for monitoring ecoReef-Forums and ecoReef-Blogs, for illegal or unlawful content on ecoReef-Forums and ecoReef-Blogs or for use of ecoReef-Forums and ecoReef-Blogs by users.
Commercial posting.
ecoReef sells advertisement. Unless you purchased spaced via our sponsorship program, you are not allowed to include any advertising in your posts or in your signatures or avatars. We reserve the right to remove post that we believe have a "commercial" connotation, whether direct or indirect.
Ads automatically inserted in your posts.
ecoReef automatically inserts advertisement in your posts and you can earn money through this ads. However, you will not create "blank" or "unreasonably short" or "irrelevant" posts with the intention to have more Ads. Also, you will not click on Ads in your own posts with the intention of increasing your revenue. You are not allowed to use bots or any type of software to click on ads.
No warranty.
ecoReef does not control the information available on the forums, blogs and other user-generated pages and that any opinions, advice, statements, services, offers or information are those of their respective authors and they are solely liable for their content. User-generated content is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither ecoReef nor its sponsors endorse or are responsible for the accuracy or reliability of any opinion, advice, statement or content on ecoReef forums and blogs. Although ecoReef may monitor or review forums, blogs and other user-generated pages, we are not under any obligation to do so.
Content.
You assume full responsibility for anything you post or transmit. However, when you give us content, you are agreeing to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We actually need these rights to host and display your content in our site.). To keep all content safe, all users (including you) need to agree to not copy, modify, or distribute any content from other ecoReef users. If you think that your rights have been violated, let us know and we will investigate the matter. If we think that posted content violates any party's rights, we reserve the right to remove the content and potentially to ban the abusing user from ecoReef. You also agree not to copy, modify, or distribute ecoReef content, copyrights or trademarks.
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