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MULTIAD TERMS AND CONDITIONS

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IMPORTANT - READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES PROVIDED BY MULTIAD THROUGH THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED "I ACCEPT" AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE PROVIDED BY MULTIAD THROUGH THIS WEBSITE, ANY AGREEMENTS BETWEEN YOU AND MULTIAD, OR AFFILIATES OF EACH PARTY, SHALL CONTINUE IN FULL FORCE AND EFFECT. YOUR ACCESS AND USE OF THE SERVICE PROVIDED BY MULTIAD THROUGH THIS WEBSITE SHALL BE GOVERNED SOLELY BY THESE TERMS AND CONDITIONS.

  1. Access and Use of Service. By accepting these Terms and Conditions, you shall be given access to the MultiAd, Inc. ("MultiAd") creativeoutlet.com service (the "Service") provided through this Website, which Service will allow you to view all content and images available hereunder as well as purchase such images and services available hereunder. You hereby acknowledge and agree that MultiAd may, from time to time, modify, alter, change, suspend or terminate the Service hereunder for any reason and without prior notice to you and without refunding any fees or payments made by you to MultiAd.
  2. Content. All content and images available through the Service provided through this Website hereunder are either owned by or licensed to MultiAd. By purchasing, downloading or using any image or content available through the Service provided hereunder, you hereby acknowledge that you do not obtain any ownership interest in the image, content or any associated copyright or other intellectual property right in and to said images and content, but rather a limited, non-exclusive, non-transferable right and license to use that image or content in advertising. The right to use applies only to the specific images or content for which you have paid all applicable fees to MultiAd hereunder. This license is personal to you, with no right to sublicense, distribute or make available to any other person, media or entity for any purpose. Accordingly, you hereby agree not to copy, reproduce, resell, re-syndicate, incorporate any such images or content into a new product for resale on a onetime or syndicated basis or otherwise distribute any of the images or content, by any means or method (other than the use of the same by you in the development of custom advertising materials), and not to make available any of the same to any other person, media or entity.
  3. Payments. In consideration of providing access to the Service and the images and content herein, and for the permitted use of selected, specific images and content, you shall pay MultiAd in accordance with the rates and payment terms set forth herein. You hereby acknowledge and agree that MultiAd may, from time to time, modify, alter, or change its fees hereunder for any reason and without prior notice. If any payment is not received by MultiAd when due, MultiAd may suspend or cancel your access to the Service provided hereunder, require the return any and all images and content or otherwise cease use of any or all such images and content hereunder. All delinquent amounts owed by to MultiAd hereunder shall bear interest at the highest rate permitted by any applicable. You will also be liable for all attorney and collection fees arising from efforts by MultiAd to collect any unpaid amounts owed to MultiAd through your use of the Service hereunder.
  4. DISCLAIMERS OF WARRANTIES. THE SERVICE PROVIDED BY MULTIAD HEREUNDER IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE INTERNET AND THE SERVICE HEREUNDER IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE HEREUNDER AND THE INTERNET GENERALLY. IT IS ALSO YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULLNESS OR VALIDITY OF ALL CONTENT, IMAGES, SERVICE OR OTHER INFORMATION ACCESSIBLE THROUGH YOUR USE OF THE SERVICE HEREUNDER, AND THE QUALITY AND MERCHANTABILITY OF ALL SUCH CONTENT, IMAGES, SERVICE OR OTHER INFORMATION PROVIDED HEREUNDER. NEITHER MULTIAD, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE OR ANY OF THE CONTENT, IMAGES OR INFORMATION AVAILABLE OR ACCESSIBLE THROUGH YOUR USE OF THE SERVICE OR THE INTERNET GENERALLY, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR THE SERVICE OR ANY LINKED SITE, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS, TITLE, NON-INFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE OF ANY CONTENT, IMAGES, OR MATERIALS ACCESSED THROUGH THE USE OF THE SERVICE HEREUNDER. MULTIAD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, MULTIAD DOES NOT WARRANT THAT THE SERVICE OR ANY IMAGES AND CONTENT CONTAINED HEREIN WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THE SERVICE OR THE SERVER AND RELATED FUNCTIONAL COMPONENTS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MULTIAD EXPRESSLY RESERVES THE RIGHT TO REMOVE OR REPLACE CONTENT OR IMAGES IN ITS SOLE AND ABSOLUTE DISCRETION AND TO REQUIRE THAT YOU CEASE USING CERTAIN CONTENT OR IMAGES PURCHASED HEREUNDER.
  5. LIMITATION OF LIABILITY. MULTIAD WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH THE SERVICE PROVIDED HEREUNDER OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR ANY OF THE CONTENT, IMAGES OR OTHER INFORMATION ACCESSIBLE HEREUNDER OR TRANSMITTED THROUGH THE USE OF THE SERVICE OR THE INTERNET GENERALLY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MULTIAD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL MULTIAD'S LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF THE USE OF THE SERVICE PROVIDED HEREUNDER OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE PAYMENTS MADE BY YOU TO MULTIAD HEREUNDER DURING THE TWO MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF SAID CAUSE OF ACTION. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USING THE SERVICE HEREUNDER.
  6. Service Rules. You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in these Terms and Conditions or otherwise made known to those users of the Service by MultiAd, may result in MultiAd terminating the Service or your access to said Service. You hereby expressly agree (i) not to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind; (ii) not to upload, post, publish, transmit, reproduce, or distribute in any way, information or other material which is protected by copyright, or other proprietary right, without obtaining permission from the owner of such rights; (iii) not to use the Service to commit a crime, or to plan or encourage others to commit a crime; (iv) not to post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes or the like; (v) not to post or transmit any advertising, promotional materials or any other form of solicitation; (vi) not to send unsolicited mass e-mailings; (vii) not to violate the terms and conditions and operating rules of any other interactive service; (viii) not to post or transmit any private e-mail to any newsgroup or mailing list or other similar groups without the explicit approval of the sender; and (ix) not to impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
  7. Indemnity. You agree to defend and indemnify and hold harmless MultiAd and its officers, directors, employees, affiliates, third party licensors, and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorneys fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or the nature of the cause of action.
  8. Proprietary Rights. MultiAd, or its suppliers and licensors, own all right, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the internet generally. MulitAd's ownership rights in the Service include, without limitation, the look and feel of the end-user interfaces associated with the Service, the name of the Service, the copyrights to those images and content created by MultiAd. You may not copy, adapt, modify, reproduce, translate, distribute, reproduce, reverse engineer, decompile or disassemble (i) any aspect of the Service which we or our suppliers and licensors, own, or (ii) any service, information or content supplied by a third party content provider and which you may access through the Service.
  9. Miscellaneous. These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior written or oral agreements or understanding with respect to the subject matter hereof. These Terms and Conditions shall be construed and governed by the laws of the State of Illinois, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions or the Service shall be in an appropriate state or federal court located in Peoria County, Illinois. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce these Terms and Conditions, the prevailing party shall be entitled to recover all costs and expenses (including but not limited to reasonable attorneys fees and court costs) from the other party. Any notice pursuant to this Agreement shall be delivered by certified mail, return receipt requested, postage prepaid and addressed to the party entitled thereto at the address provided by such party to the other, or as otherwise posted on the Website. The invalidity of any particular term or provision set forth in these Terms and Conditions shall not affect the validity of the remaining terms and provisions set forth herein. Notwithstanding any other provision of this Agreement, any and all remedies of MultiAd, described herein, are in addition to, and do not limit, the remedies of MultiAd granted by statute, law or otherwise.

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How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 800.245.9278 or send us an email at create@creativeoutlet.com.

Effective July 7, 2010 | 2014 MultiAd Services, Inc. | All Rights Reserved

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