Advolution Terms of Service

Last Updated: February 1, 2006

Welcome to the Terms of Service for Advolution. This agreement describes the terms on which you may access and use our services. In order to use Advolution, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Advolution service indicates your acceptance of the amended Terms of Service.

Description of Service

Advolution is an online service offered to help people share information with one another (the "Advolution Service").

Eligibility

The Advolution Service is not available to minors or to any users suspended or removed from the system by Advolution for any reason. Users may not have more than one active account. If you do not qualify, you may not use the Advolution Service.

Use of Service

Your use of the Advolution Service is governed by these Terms of Service. Advolution may refuse service, in all or in part, without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your password or account information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Advolution of any unauthorized use of your password or account or any other breach of security. Advolution cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Copyrights

User Contributions
By contributing anything to Advolution you acknowledge and affirm that:

You have full unrestricted rights to do so and are not violating any agreements or infringing upon anyone else's rights, copyrights, or trademarks.
You retain full ownership, responsibility, and liability for what you contribute.
You provide a full, unrestricted, transferable and royalty-free license to Advolution to use in any manner and media.

Use Agreement
Anyone is free to use any user-contributed Advolution content for non-commercial purposes as long as attribution is made (a link back to the web page will usually suffice for this). All other content is the copyright of Advolution, all rights reserved.

Copyright Infringement
If you believe content on Advolution infringes your copyright, please bring it directly to the attention of Advolution by using the feedback form found via the feedback link on the top of every page of the site.

Editorial Guidelines

Listings

Add listings only to relevant search terms.
Listing titles are limited to 75 characters.
Description lines are limited to 150 characters.
Once you place a bid, the bid is non-refundable.
You will be able to edit all the fields of your listing via your Advolution Account, including changing the search term it is associated with.
Listings are sorted by bid order (highest first), with ties in the bid amount sorted by the age of the listing (with oldest first). Depending on bid amount and number of bids for a search term, your listing may not appear on the first page of search results for a search term.
Advolution reserves the right to reject or remove your listing or make minor edits to your listing to bring it into compliance with these Terms of Service.

Accurate categorization as Family-Safe or Not-Family-Safe
When adding a listing to Advolution or editing an existing listing, there will be check boxes to signify whether or not the listing and the site it links to are "Family-Safe". If any aspect of the listing or the site it links to is not Family-Safe and is marked as Family-Safe, Advolution reserves the right to:

make minor edits to the listing to make it compliant.
change the category to NOT-Family-Safe.
reject or remove the listing and, at our sole discretion, refund or not refund your bid (so, if you are not sure that both your listing and the site it links to is Family-Safe, please error on the side of marking it as NOT-Family-Safe. Thanks!)

Other Suggested Guidelines

Clearly and accurately describe your site.
Emphasize the unique benefits of your product or service.
Add your listing only to appropriate search terms.
Use clear, direct language and avoid gimmicks.
Use standard punctuation.
Avoid repeated and unnecessary punctuation or symbols.
No exclamation points in your listing title!
No more than one exclamation point in your listing description!!!!!
No excessive capitalization such as "FREE" or "VIVA LA ADVOLUTION!"
Avoid gimmicky repetition. Avoid gimmicky repetition.
Use correct spelllling.
Put listing text in logical sentence or phrase form with grammatically correct spacing.
Use symbols, numbers, or letters based on the true meaning of the symbols.
Your listing text and the search terms it is associated with should directly relate to the content on the page to which it links.
Distinguish your listing by including your company name, line of business, or product in your description or title.
If you offer a local service or product, clearly indicate your location in your listing.
Use keywords that reflect your location if you offer a location-specific product or service.
Use specific keywords that accurately reflect your site.
If your listing text contains competitive language regarding other companies, support for this claim should be displayed on the page you link to.
Avoid Superlatives. If your listing contains comparative or subjective phrases such as "best", "lowest", or "#1", verification by a third party should be clearly displayed on your website.
If your listing includes a price, special discount, or 'free' offer, it should be clearly and accurately displayed on your website.
Your listing should not have universal call-to-action phrases such as "click here," "link here," "visit this link," "this site is," or other similar phrases that could apply to any listing, regardless of content.
Use a call-to-action unique to the service or product you provide.
The limited text space should be used for concise, informative language that sets you apart from your competition.
Your listing should not contain offensive or inappropriate language.
The URL you put in your listing should work properly. Check your spelling and symbols to make sure you entered the correct URL for the page you want users to visit.
Your URL should link to a working website. Don't link to an email address or a file (example: an image, audio, video, or document file that requires an additional program or application to open or run).
Please do not link to a page that generate pop-ups. And, while we are on the subject, please just remove all pop-ups from your site and put them in the trash can along with blink tags and the like.
Links to your website should have a working back button that allows users to enter and exit the landing page easily, and to return to the search results page by clicking just once on the browser's Back button. If you have to resort to coding tricks to keep visitors on your site, then we will be more than happy to not send any more visitors to you.
Be excellent to one another.

Affiliate Program

When someone comes to Advolution via one of your Advolution Affiliate Links or Advolution Affiliate Search Boxes, we automatically give them a "cookie" (a small text file that resides on their computer and identifies them as having come to Advolution via you).

If they then place and pay for an order with Advolution and have your affiliate cookie when they do so, you will be credited with half the revenue from that order (example: if someone pays us $100, then your share of that would be $50).

There are then two ways to use your affiliate earnings:

At any time, you can use them to pay for your Advolution Listing bids, and/or
When your affiliate earnings balance reaches at least $100, you can request us to pay you directly (limited to no more than one pay-out request every 30 days).

Payments requested by you may take up to 30 days to process and are currently only made via PayPal (other options may be made available in the future).

If someone does not have your affiliate cookie when ordering, you will not receive credit for the sale. Some examples of why someone may not have your affiliate cookie when they place an order include:

You may not have set up the affiliate link properly - please use the affiliate tools (accessible from your Account page) to build links and search boxes that will properly pass your Affiliate ID to us.
The visitor may have changed to a different computer or blocked or deleted the affiliate cookie from their computer between the time you referred them to us and when they placed an order (in which case we would not know that an affiliate had referred them to us).
The affiliate cookie may have expired (it is set to expire after one year).
The affiliate cookie is always set to reflect the last affiliate who sent the visitor to us, so your cookie may be overwritten if the visitor comes back to Advolution via another affiliate before placing an order. Basically, the credit for the sale goes to the last affiliate who sent that visitor to Advolution within the one-year period prior to that sale.

Termination

You agree that Advolution may, with or without cause, immediately suspend or terminate your Advolution account and access to the Advolution Service without prior notice. Without limiting the foregoing, the following may lead to a suspension or termination (a) breaches or violations of these Terms of Service 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) unexpected technical issues or problems, (e) misuse of the Advolution Service, and (f) extended periods of inactivity. Suspension or termination of your Advolution account may include one or more of the following: (a) removal of access to all offerings within the Advolution Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Advolution Service. Further, you agree that all terminations shall be made in Advolution's sole discretion and that Advolution shall not be liable to you or any third-party for any termination of your account or access to the Advolution Service.

User Conduct

You understand and agree not to use Advolution to:

Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the Advolution Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
Post information in inappropriate or misleading areas
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Use the Advolution Service as part of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Advolution Service.
Interfere with or disrupt the Advolution Service or servers or networks connected to the Advolution Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Advolution Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the Advolution Service, users may provide information which may be visible to certain other users (see our Privacy Policy to learn more). You understand that by posting materials on the Advolution website or otherwise providing materials to Advolution, you are granting to Advolution a full, unrestricted, transferable and royalty-free license to use this information. Furthermore, you understand that Advolution retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Advolution Service is the sole responsibility of the person from which such content originated and that Advolution will not be liable for any errors or omissions in any content. You understand that Advolution cannot guarantee the identity of any other users with whom you may interact in the course of using the Advolution Service. Additionally, we cannot guarantee the authenticity of any data which users may provide.

Access to Service

You agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. You also agree not to "frame" or otherwise simulate the appearance or function of this website.

Advolution Communications

In the course of providing you services, Advolution may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Advolution Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Advolution Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or suspending or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Advolution Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Advolution reserves the right to charge for the Advolution Service or any portion thereof, modify the pricing of, add to, change, or discontinue the Advolution Service or any portion thereof without prior notice.

Indemnification

By accepting these Terms of Service, you agree to indemnify, defend, and otherwise hold harmless Advolution, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, losses, fines, and expenses (including attorneys' fees and costs) arising out of, related to, or resulting from i) your use of the Advolution Service; ii) unauthorized access to or alteration of your communications with or through the Advolution Service, or iii) any other matter relating to the Advolution Service. Any activity which may arise between users from their use of Advolution are the sole responsibility of the users involved.

You understand and agree that Advolution may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, or protect the rights, property, or safety of Advolution, its users, and the public.

Disclaimer of Warranties

ADVOLUTION MAKES NO GUARANTEE OF VALIDITY OF INFORMATION.

YOU UNDERSTAND AND AGREE THAT THE ADVOLUTION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ADVOLUTION DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ADVOLUTION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. ADVOLUTION 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.

ADVOLUTION MAKES NO WARRANTY THAT (I) THE ADVOLUTION SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE ADVOLUTION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ADVOLUTION SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ADVOLUTION SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ADVOLUTION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVOLUTION OR THROUGH OR FROM THE ADVOLUTION SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

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 MAY NOT APPLY TO YOU.

Entire Agreement

The Terms of Service constitutes the entire agreement between you and Advolution and governs your use of the Advolution Service, superseding any prior agreements between you and Advolution. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVOLUTION 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 ADVOLUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ADVOLUTION'S TOTAL CUMULATIVE DAMAGES EXCEED $100.

Governing Law

The Terms of Service between you and Advolution will be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of laws principles. Any claim shall be settled by binding arbitration in Maricopa County, Arizona in accordance with the American Arbitration Association's commercial arbitration rules.

Injunctive Relief

To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Advolution's intellectual property rights, or may cause continuing or irreparable harm to Advolution (including, but not limited to, any breach that may impact Advolution's intellectual property rights, or a breach by reverse engineering), Advolution may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

General Information

Advolution, the Advolution logo, and other Advolution logos and names are trademarks of Advolution. The section titles of these Terms of Service are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to us via the feedback form.