TERMS AND CONDITIONS: Ultimate Ad Network websites.TERMS AND CONDITIONS: ULTIMATE AD NETWORK WEBSITES. Welcome to UltimateAdNetwork.com/Mini.UltimateAdNetwork.com, the service for Merchants to sell, and advertise their goods in an online venue. The UltimateAdNetwork.com, Mini.UltimateAdNetwork.com, products and related services are all owned and operated by Neu Media Technologies Group, Inc. (NMTG). By using the UltimateAdNetwork.com and Mini.Ultimate Ad Network.com websites, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"). If you object to anything in this Agreement or the UltimateAdNetwork.com Privacy Policy, do not use the Website or purchase the products and/or Services offered. The Terms of Use are subject to change by NMTG at any time, effective upon posting on the UltimateAdNetwork.com and/or Mini.UltimateAdNetwork.com website(s), and your use of the service after such posting will constitute acceptance by you of such changes. Ultimate Ad Network Policies Part 1 The Ultimate Ad Network.com and Mini.UltimateAdNetwork.com ("UAN", THE UAN) or the "Service"), is owned and operated by Neu Media Technologies Group, Inc. ("Neu Media Tech Group, Inc.") is provided to you ("you" or "Merchant") under the terms and conditions of this Neu Media Technologies, Group, Inc. Agreement. BY COMPLETING THE UAN POLICIES REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE POLICIES OF THE ULTIMATE AD NETWORK. Nothing in this agreement obligates Neu Media Tech Group, Inc. or the Service to list, link to, accept or otherwise host any online store anywhere on the UltimateAdNetwork.com and/or Mini.UltimateAdNetwork.com site. CHARGES FOR SERVICES Mini Ultimate Ad Network Online Ecommerce store/website is offered on a paid (fee based) basis. Fees are $49.95 per month. This charge includes the following: 1. Provision of hosting space on a UAN server(s) for the each period of 7 days after receiving payment of fees listed above. 2. Marketing on the UAN Website for the period of the paid hosting service. 3. Listing within the Ultimate Ad Network link network. 4. Search Engine Advertising 5. All shipping and delivery of items ordered on merchants site will be delivered via USPS,UPS, FED-EX or DHL. The merchant will be sent all pertinent tracking information and it is their sole responsibility to provide updates to the end-consumer. 6. Complete Design and Set up of a professional online store/website. 7. Pre-population of website with products supplied by our wholesalers. 8. Pre-population of website with canned text which the merchant can modify at any time within 7 web pages which include: Home, About, Services, Products, Contact, Newsletter & Policies 9. Merchant Gateway of the UltimateAdNetwork.com and Mini. UltimateAdNetwork.com will be provided by NMTG. Please note that there are Online Business Fees that will be levied against all transactions that are processed through the UltimateAdNetwork.com website. ONLINE BUSINESS FEES The following fees below will be applied to every order/transaction processed for the client's online business: Credit card processing: 2.5 % Additional Payment/Management/Disbursement fees: 1.5% All fees are processed via NMTG's merchant account and as such, all charge backs will be handled by NMTG staff All Merchants will be issued a final payment from revenues generated from their online store/website. Please note that the final payment is determined by subtracting cost of the items, online business fees, shipping costs and all required state and local taxes. All payments will be sent out the last day of every month. REFUND POLICY In the case of customer dissatisfaction with the website design or programming the customer shall have the following remedies: A refund of the weekly UAN price up until the 6th Day of service. next to last contract price with all fees from the payable items listed below will be subtracted to produce the final refund amount. All services are rendered at a rate of $75.00 per hour) Items which require payment are listed below: " Billable hours for design and programming " Contract processing " Document processing " Domain Setup " Database setup and design " Consulting time spent advising the client on design, programming and gathering information for the project. " Any other work that is required in the construction of the website, training, documentation and related components or any other expenses incurred by NMTG. TERMINATION CLAUSE Either the Ultimate Ad Network or Merchant may cancel this contract. Termination must be done in writing and Ultimate Ad Network must be notified 24 hours prior to contract termination. The Letter of Termination must be sent to Neu Media Technologies Group, Inc./UAN by email/USPS order complete contract termination. NMTG must be compensated for all work that has been completed prior to the Notice of Termination as it is in keeping with total fees above. Neu Media Technologies Group, Inc./Ultimate Ad Network must be compensated for any items which have work performed on behalf of the client. Items which require payment are listed below. (All services are rendered at a rate of $75.00 per hour) " Billable hours for design and programming " Document processing " Contract processing " Domain Setup " Database setup and design " Consulting time spent advising the client on design, programming and gathering information for the project. " Any other work that is required in the construction of the website, training, documentation and related components or any other expenses incurred by NMTG. MERCHANT ACKOWLEDGEMENTS Merchant acknowledges and agrees that it shall be responsible for all goods and services offered at Merchant(s) Store/website, all materials used or displayed at the Store/Website, and all acts or omissions that occur at the Store/Website. The Ultimate Ad Network reserves the right to refuse to host or continue to host any Store/Website that offers goods or services or uses or displays materials that are illegal, obscene, vulgar, offensive, dangerous or are otherwise inappropriate as determined by The Ultimate Ad Network in its sole discretion. PROPRIETARY RIGHTS Software License. Neu Media Technologies Group, Inc. hereby grants Merchant(s) a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Neu Media Technologies Group, Inc. for the sole purpose of creating an "Ultimate Ad Network and/or "Mini Ultimate Ad Network Policies Compliant Store/Website on such server. Merchant is not being granted any right to copy the Software or to use it on computers other than a server controlled by Neu Media Tech Group, Inc. Merchant may not use Web pages or parts of Web pages generated by means of the Software, other than content that originates from and is proprietary to Merchant, on any server other than the servers controlled by Neu Media Tech Group, Inc. without Neu Media Tech Group's express written agreement. Merchant shall not attempt to gain unauthorized access to any servers controlled by Neu Media Technologies, Group, Inc. UAN RESALE POLICY Any Store/Website which is cancelled by the merchant or for which payment is overdue by thirty days can be reclaimed for resale by Neu Media Technologies Group, Inc./UltimateAdNetwork.com websites. MERCHANT PRIVACY Merchant shall receive a password from UltimateAdNetwork.com to provide access to and use of the Software and Software Services. Merchant is entirely responsible for any and all activities which occur under Merchant account and password. Merchant agrees to keep password confidential, to allow no other person or company to use the Merchant account, and to notify UltimateAdNetwork.com promptly if Merchant has any reason to believe that the security of its account has been compromised. INDEMNITY Merchant agrees to indemnify and hold harmless Neu Media Tech Group, Inc. and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and, agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Merchant's conduct, Merchant use of the Service, the goods or services offered at Merchants Store/Website, any alleged violation of this agreement, or any alleged violation of any rights of another, including but not limited to Merchants use of any content, trademarks, service marks, trade names or other intellectual property used in connection with Merchant's Store/Website. Neu Media Tech Group, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Merchant, which shall not excuse Merchant's indemnity obligations. DISCLAIMER OF WARRANTIES AND LIABILITIES THE ULTIMATE AD NETWORK/MINI.ULTIMATEADNETWORK.COM STORE/WEBSITE (UAN) SERVICE AND ONLINE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE TEST SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE TEST SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE UAN SOFTWARE HAS INHERENT LIMITATIONS AND MERCHANT MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NEU MEDIA TECH GROUP, INC., AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF NEU MEDIA TECH GROUP INC IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM MERCHANTS USE OR INABILITY TO USE THE UAN SERVICE OR THE TEST SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF TEST SERVICE OR THE TEST SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GENERAL The UAN POLICIES and the relationship between Merchant and Neu Media Tech Group, Inc. shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Merchant and Neu Media Tech Group, Inc. agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of Florida for the County of Broward. Neu Media Tech Group, Inc. failure to exercise or enforce any right or provision of the UAN POLICIES shall not constitute a waiver of such right or provision. If any provision of the UAN POLICIES 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 agree that the other provisions of the UAN POLICIES remain in full force and effect. Merchant agrees 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 UAN POLICIES must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the UAN POLICIES are for convenience only and have no legal or contractual effect. UAN POLICIES We have established the following guidelines to ensure the quality of UAN Store/Website. We expect our merchants to adhere to the following guidelines when running their UAN Store/Website. All transactions conducted on the UAN Store/Website must be consistent with any applicable legal rules, the Neu Media Tech Group, Inc. Store/Website Merchant Service Agreement, and the Neu Media Tech Group, Inc. Terms of Service. Neu Media Tech Group, Inc. provides the UAN Stores/Website as a platform for merchants to sell items on the World Wide Web. UAN Store/Website Merchants should be aware that: 1. They are responsible for resolving any disputes that may arise from the sale of goods on their UAN Store/Website. 2. They are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange that may pertain to transactions in which they participate. 3. They are responsible for all applicable taxes and for all costs incurred by participating in UAN Store/Website. GENERAL RULES 1. Fraud. You may not use or manipulate this service for any fraudulent activity or purpose, including collecting payment from customers and not providing the item purchased. 2. Interference. You may not spam our system and/or impose an unreasonably or disproportionately large load on our system. You may not put any material on the UAN Store/Website that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. 3. Passwords. You are solely responsible for actions taken under your password and should not disclose it to anyone else. You cannot use your password for any unauthorized purpose. MERCHANT GUIDELINES Neu Media Tech Group Inc. Store/Website Merchants must: 1. Comply with applicable laws. You may not offer for sale or sell an item to any customer in a jurisdiction where the item violates applicable laws or regulations. You also may not offer for sale any item that violates UAN policies as described below in "Items that are prohibited by the Ultimate Ad Network." 2. Provide accurate information. You must accurately describe your store/website and the items you are selling. You may not include any language in your product or store/website descriptions, including the name, which may confuse potential customers or cause your products or store/website to be included in search results that don't accurately describe your products or store/website. 3. Provide accurate contact information. You must provide an accurate company address, phone number, email address, and return policy in the information section of your store/website. 4. Maintain a Privacy Policy. Every UAN Store/Website Merchant must post, maintain, and adhere to a privacy policy. The privacy policy must inform customers what personal information is collected and how it is used. For more information about adding a privacy policy to your store/website please see our privacy policy information page. Engage in ethical marketing practices: UAN Store/Website Merchants must not engage in practices that are in any way connected with the transmission of "junk mail," "spam," "chain letters," unsolicited advertising, or other unsolicited mass distribution of email. Please see the Spam Policy detailed below for more information. 5. Refrain from posting any type of link to any third party payment service or commerce Web site. 6. Avoid listing any items in UAN Shopping that are "adult oriented" in nature or marketed in an objectionable manner, as determined in UAN's sole discretion. 7. Acceptable UAN Shopping logos and language. If you participate in UAN Shopping, would like to use the UAN Shopping logo on your store/website, please refer to UAN Customer Relations for the guidelines for acceptable language to be used in describing your relationship with UAN. ITEMS THAT ARE PROHIBITED BY NEU MEDIA TECH GROUP, INC. It is the responsibility of the Merchant to ensure that the items listed for sale on their UAN Store/Website are appropriate for sale under all applicable laws and regulations. In addition, every item listed for sale on a UAN Store/Website must be consistent with UAN's policies, as determined in UAN's sole discretion. UAN, expressly reserves the right to, but has no duty to, reject or remove any item or listing in UAN's sole discretion. You may not sell the following items under any circumstances: 1. Any item that is harmful to minors, obscene, or otherwise objectionable. 2. Illegal or restricted weapons and related accessories, including the following: Firearms and firearm accessories, including ammunition, scopes, and silencers (Note: UAN allows the posting of antique firearms made before 1898 and replicas of antique firearms that have matchlock, flintlock, percussion cap or similar ignition systems, subject to removal in the UAN's sole discretion. All other firearms are prohibited.) " Switchblade knives. " Any concealed weapon. " Any explosive device. " Martial arts weapons. 3. Cigarettes, illegal drugs, drug paraphernalia (including items to grow, manufacture, or distribute the same), prescription drugs, and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller. 4. Any item that violates any U.S. export law or regulation, including any items subject to the terms of the U.S. embargoes against Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, and Sudan. 5. Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Examples include, but are not limited to: " Unauthorized copies of software, music, video games, movies, photos, or other media. " Bootleg recordings of concerts, movies, or other performances. " Sale of back-up copies of software. 6. Any item that is counterfeit or stolen, including items that are: " "Replicas," "knock-offs," in the same "style" as, or "fake" versions of a name brand product. " Counterfeit, or for the purpose of producing counterfeit, currency, stamps, government identification. " Inauthentic sports collectibles, celebrity autographs, or otherwise inauthentic versions of " memorabilia or other items with inauthentic signatures. " Any item for gaining unauthorized entry to a place or vehicle including lock-picking devices, vehicle master keys, and other devices. 7. Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts, such as Nazis or the Ku Klux Klan. Official government-issue stamps and coins are not prohibited under this policy. Expressive media, such as books and films, may be subject to more permissive standards as determined by Neu Media Tech Group, Inc. in its sole discretion. 8. Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation. (Please note: Pets may only be offered for sale on the UAN Classifieds.) 9. Any item that has been the subject of a product recall by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturer. 10. Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications. 11. Bodies, body parts, bodily fluids. For example: cadavers, organs, "clean" urine for drug tests, sperm, eggs, blood, breast milk. 12. Fireworks, explosives, or any hazardous material or restricted chemical. 13. Government-issued identification documents, whether authentic or counterfeit (e.g., fake IDs for age verification, fake government credentials, passports, green cards, birth certificates), police badges or insignia, and any other law enforcement items (e.g., FBI identification cards, badges, uniforms, flashing lights/sirens, etc.) generally restricted for sale under federal and state law. 14. Stocks and securities. 15. Gambling items (lottery tickets, sweepstakes, pyramid schemes, grab bags, raffles, slot machines, etc.). 16. Individual contracts, services, and any item that is non-transferable. 17. Event Tickets may only be sold in accordance with applicable state and local law. All Event Ticket descriptions must contain the location of the event (venue, city and state), date of the event, and face value of the ticket(s). Neu Media Tech Group, Inc may restrict the sale to the face value of the ticket(s) and require that merchants enter the face value of the ticket(s) as the "Price" for the item. 18. Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations. 19. Any used goods not appropriate for resale for safety, health, or other reasons, including any clothing items that have not been appropriately cleaned (e.g., used underwear). 20. Any other item that violates any applicable federal, state, or local law or regulation or which the UAN determines, in its sole discretion, is inappropriate for sale through the services provided by The UAN. SPAM POLICY The UAN's license agreement explicitly forbids spamming. Prohibited spam or otherwise impermissible marketing activities in the UAN Store/Website may include, but are not limited to, the following: 1. Sending mass email to recipients who haven't requested email from you, and/or sending email with a fake return address 2. Promoting a store/website with inappropriate links, titles, descriptions, or use of any content for which you do not have the appropriate rights. 3. Promoting your store/website by posting multiple submissions in public forums that are identical. If you're not sure if something constitutes spam, please exercise caution. The UAN may take action, at our discretion, if we believe your store/website has engaged in impermissible marketing activities, spamming, or other violations of these Guidelines, the Merchant Service Agreement, or the UAN Terms of Service. OTHER IMPORTANT RULES Other Rules Regarding the UAN Store/Website. Additional rules for the UAN Store/Website may be posted at various places within the UAN Store/Website. The UAN, in its sole discretion, may change these rules without notice. THE ULTIMATE AD NETWORKS RIGHT TO TERMINATE The UAN, in its sole discretion, may terminate or otherwise remove any item, listing, Store/Website, or your UAN ID immediately and without notice if (a) The UAN believes that you have acted inconsistently with the spirit or the letter of the UAN Merchant Agreement, The UAN Terms of Service, or the UAN Store/Website Guidelines, or (b) the UAN believes you have violated or tried to violate the rights of others. Please help us keep UAN Store/Website an enjoyable and positive experience. We reserve the right to change or modify these guidelines at any time. Thank you for your continued support. Copyright © 2007 - 2009 Neu Media Technologies Group, Inc. All rights reserved. |