Important! Please read:
It is important that you read, understand, and agree to this entire document, as it creates a binding contract between you and MyITProjects ("MyITProjects" or "us" or "we"). These terms and conditions define and limit your rights and responsibilities in using MyITProjects GenAds. We may revise these terms and conditions (the "Agreement") at any time by posting them to the site. You will be bound by such revisions and should therefore visit this page from time to time to review the current terms and conditions.
User Agreement:
In addition this Agreement, the standard MyITProjects User Agreement, and those documents which it references, including by not limited to the MyITProjects Privacy Policy and Copyright Policy, applies to your use of the MyITProjects GenAds service. To the extent there is any conflict between this Agreement and any of the provisions in the standard MyITProjects User Agreement with respect to your use of the MyITProjects GenAds service, this Agreement shall control but only to extent of such conflict.
Advertising Entity:
You may only advertise for yourself or your current employer. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations hereunder. Use of any automated agents ("bots"), scripts or other devices or means to purchase advertising through MyITProjects GenAds is prohibited without MyITProjects’ express written permission in each instance. You may not resell or transfer access to MyITProjects GenAds to any other party. Your account is for your express use only and not transferable or assignable to anyone else inside or outside your organization.
Content and Advertising Guidelines:
Use of MyITProjects GenAds is subject to the MyITProjects Advertising Guidelines. Because we may revise the MyITProjects Advertising Guidelines at any time by posting them to the site, and you will be bound by such revisions, you should visit the page for the MyITProjects Advertising Guidelines from time to time to review the current version.
You agree not to use MyITProjects GenAds service for any unlawful purpose, including, without limitation, advertising any product or service that would violate any federal, state, local or foreign laws, regulations, administrative or judicial order.
MyITProjects has the editorial discretion to reject or cease serving any advertisement for any reason at any time, regardless of whether or not such advertisement was previously accepted or served.
You represent and warrant that you have the right to permit MyITProjects to serve the advertisement, including, without limitation, any copyrighted material, trademarks, service marks, logos or slogans; and the use, transmission or display by MyITProjects of the advertisement as authorized herein will not violate the rights of any third parties.
Targeting:
MyITProjects GenAds advertisements will be shown to MyITProjects members based on non-personally identifiable profile data of the viewing members. This profile data is either provided by the member or algorithmically determined by data provided by the member. MyITProjects does not verify the accuracy of member-generated content on the site and, as such, is not liable for any advertisement that was shown to members based on inaccurate profile data or data algorithmically generated.
Member profile data will never be provided to you through your use of MyITProjects GenAds, and you agree that you will not attempt to acquire any such member profile data through any means. Members viewing your advertisement will remain anonymous to you.
Payment:
You agree to pay for all fees you incur in connection with each advertisement and you hereby grant MyITProjects the right to regularly charge the credit card you have provided in your account information as means of satisfying the fees you owe. Payment intervals will be determined by MyITProjects and posted in the GenAds information section. Your fees will be owed in the currency indicated by us. Our measurements are the definitive measurements under these terms and conditions for calculating your fees, whether you have elected to pay by impressions (i.e., the number of times the advertisement is displayed to a member) or clicks (i.e., the number of times the advertisement is clicked on by a member). You also are responsible for paying (a) all taxes and government charges that we must levy on your fees for advertising, and (b) reasonable expenses and attorneys fees we incur collecting late amounts.
MyITProjects reserves the right to change which credit cards it accepts in its sole discretion and (a) you may be required to modify your account to provide a then-acceptable credit card in order to maintain your GenAds accounts and (b) your only recourse if you are not satisfied with the then-accepted payment options is to cancel your advertisements, provided that you will nevertheless be responsible for all fees incurred for when your ad ran prior to cancellation.
If MyITProjects charges you an initial one-time fee, it will be applied toward your GenAds account and automatically applied toward your future advertising fees.
Amounts you pay pursuant to the GenAds service are non-refundable.
Cancellation:
You may cancel your advertisement at any time after its submission by accessing the online GenAds service and following the cancellation instructions provided. MyITProjects will endeavor to cease serving your advertisement promptly following your cancellation. You shall be required to pay for those impressions and/or clicks, as applicable, which occur prior to discontinuation of your advertisement.
Removal of Advertisements by MyITProjects:
MyITProjects reserves the right to remove any advertisement at any time, with cause due to a violation of MyITProjects.com's User Agreement, MyITProjects’ Advertising Guidelines, this Agreement, or any other agreement between you and MyITProjects. As a consequence of your violation of any of the aforementioned agreements, MyITProjects may, at its sole discretion, prohibit you from any further participation in the MyITProjects GenAds service and any other service or program offered by MyITProjects, or suspend or remove your MyITProjects account. MyITProjects may undertake technical measures in furtherance of such prohibition.
MyITProjects shall also have the right to remove any advertisement at any time without cause as MyITProjects determines in its sole discretion. MyITProjects is not required to provide you with any explanation for its removal of any advertising and you agree that all of MyITProjects decisions relating to the placement and removal of advertising shall be final and binding.
In addition, your advertisements may be removed if MyITProjects, in its discretion, ceases offering the GenAds program.
In the event of any removal of your advertising under this section, you will be responsible for paying for all ads that ran prior to time of removal or cessation.
No Guarantees:
MyITProjects does not guarantee the results or distribution of any advertisement in any manner. MyITProjects does not guarantee you any number of impressions (i.e., times your advertisement is viewed by a member) or clicks (i.e., times your advertisement is clicked on by a member) through MyITProjects GenAds. MyITProjects provides no guarantee or warranty regarding the placement, delivery, timing, or performance of advertisements purchased through MyITProjects GenAds. MyITProjects does not screen or attempt to verify the accuracy of any information on the MyITProjects.com site or in the member profiles, and, as such, does not guarantee the identity or personal information of the individuals who will view the advertisements you purchase through MyITProjects GenAds.
Non-Exclusive:
This contract is not exclusive as to your business, products or services. MyITProjects retains the complete and unqualified right to solicit the business of and advertisements from persons and entities that may be in competition with your business, products or services, as well as to serve its own advertisements that may be in competition with your business, products or services.
Ownership:
All materials and information on or available through the MyITProjects GenAds service, including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to MyITProjects (collectively, "MyITProjects Intellectual Property Rights"). You agree that any feedback you provide to us (including suggestions, comments, improvements, ideas, etc.), about the GenAds service and its content shall be part of MyITProjects Intellectual Property Rights and you hereby assign to us all your rights in such feedback.
You may not add, delete, distort, or otherwise modify the MyITProjects Intellectual Property Rights, except with the express consent of MyITProjects. Any unauthorized attempt to modify any MyITProjects Intellectual Property Rights, to defeat or circumvent our security features, or to utilize the MyITProjects GenAds service or any part of the MyITProjects Intellectual Property Rights for any purpose other than its intended purposes, is strictly prohibited. You agree that you do not have nor will you make any claim of interest in or ownership of any such MyITProjects Intellectual Property Rights. You are granting MyITProjects a non-exclusive, fully paid up and royalty-free right to use, reproduce, and distribute any content you create, including the content of your advertisement for use in connection with the MyITProjects GenAds service. You are also, by creating an advertisement, granting MyITProjects a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on MyITProjects.com, unless requested otherwise in writing to MyITProjects’ customer service department. MyITProjects shall also have the non-exclusive, fully-paid up and royalty free, perpetual right to use any advertisements placed through the MyITProjects GenAds service, and the name, trademarks and logos of any person or company on whose behalf a placement has been made, in connection with MyITProjects’ promotion of the service.
Limitation of Liability:
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither MyITProjects corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors ("MyITProjects Affiliates") shall be liable for (1) any damages in excess of five times the most recent monthly fees that you paid for your GenAds account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Direct Ads service or any content displayed through the GenAds service even if MyITProjects is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
2. not apply to any damage that MyITProjects Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Indemnification:
Notwithstanding any review or approval of any advertisement by MyITProjects, you agree to indemnify MyITProjects and the MyITProjects Affiliates, and hold MyITProjects and the MyITProjects Affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by a) your failure to comply with this Agreement, including, without limitation, your submission of advertisements that violates third party rights or applicable laws, b) any advertisement you submit to MyITProjects or c) any activity in which you engage on or through the MyITProjects.
Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON MYITPROJECTS GENADS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE GENADS SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MYITPROJECTS GENADS OR ANYTHING RELATED THERETO YOU MAY CANCEL YOUR ADVERTISEMENT IN ACCORDANCE WITH THIS AGREEMENT AND SUCH CANCELLATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE GENADS SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED AS PART OF THE GENADS SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
MYITPROJECTS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE VERACITY OR APPROPRIATENESS OF THE USERS OF GENADS OR THE ADVERTISEMENTS PLACED VIA THE GENADS SERVICE.
MYITPROJECTS DOES NOT GUARANTEE THAT THE GENADS SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE SERVICE'S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. MYITPROJECTS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MYITPROJECTS DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MYITPROJECTS SITE OR GENADS SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO MYITPROJECTS. UNDER NO CIRCUMSTANCES WILL MYITPROJECTS BE LIABLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE GENADS SERVICE.
Non-Waiver; Sever-ability:
If any provision is found to be illegal, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to make such provision valid and enforceable, and the remainder of this Agreement shall remain in full force and effect. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of MyITProjects. The remedies of MyITProjects under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. You hereby waive the right to seek specific performance or injunctive relief hereunder.
Force Majeure:
Notwithstanding anything to the contrary herein, MyITProjects shall not be liable to you if it is not able to post the advertisement or MyITProjects is rendered unable to timely perform any of its obligations hereunder for any reason, including, without limitation, strikes, boycotts, war, terrorism, Acts of God, labor troubles, riots, and restraints of public authority.
Copyright and Content Complaints:
We respect the intellectual property of others, and we ask our users to do the same, including your use of the GenAds service. Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
Interpretation:
You agree that MyITProjects has sole discretion in determining the interpretation of the meaning of this Agreement, and those documents it incorporates by reference, including determining your compliance with such.
Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance and enforcement. The parties agree that Santa Clara County, in the State of California, shall be the sole forum for any action brought against the other party. The parties waive trial by jury in any action, proceeding or counterclaim brought in respect of any matter whatsoever arising out of or in any way connected with this Agreement or your use of the GenAds service.
Miscellaneous:
No agency, partnership, joint venture, or employment relationship is created between you and MyITProjects by this Agreement or any advertisement transaction, and neither party shall have the authority to bind the other in any way. This constitutes the entire agreement by and between you and MyITProjects with respect to the subject matter hereof and supersedes all prior agreements, understandings, representations or negotiations, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
