TERMS OF SERVICE

These are the Terms (“Terms”) of Virtual Marketing, Inc., DBA Fusion92.  Virtual Marketing, Inc.  (“Fusion92 or “we” or “our”) is an advertising and marketing-solutions company that creates and distributes a variety of digital advertisements (each a “Ad” and, collectively, the “Ads”) and websites (each a “Site” and, collectively, the “Sites”) for clients (“Clients”).  These Terms incorporate by reference the Privacy Policy set forth hereinafter.

Fusion92 operates the websites www.Fusion92.com, www.Liquidus.net, Shoplocal.com, cofactordigital.com, and circularcentral.Shoplocal.com, as well as a number of Client-specific weekly Ad sites on the Fusion92 and Liquidus domains (e.g., Clientname.Shoplocal.com) and on various non-Fusion92 subdomains (e.g., weeklyad.Clientname.com or localad.Clientname.com), and supports weekly Ads for a number of Sites for Clients, social media sites, and mobile applications.

By engaging our Ads or using any one of the Sites, you agree to be bound by these Terms and act in accordance with these Terms and our Privacy Policy. Accessing any one of the Ads or Sites, in any manner, constitutes use and your express agreement to be bound by these Terms and our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP ACCESSING THE AD AND/OR SITE.

We reserve the right to change, amend, or supplement these Terms and/or to impose new conditions on access and/or use of the Ads or Sites, from time to time, without advance notice, by posting the revised Terms on Sites; by any further access and/or use of the Ads and/or Sites, you are deemed to have accepted the Terms, as revised and posted.

Availability of the Sites

There may be interruptions in service that are beyond our control. While we use reasonable efforts to keep the Sites accessible, the Sites may be unavailable from time to time, for any reason, including but not limited to routine maintenance. You understand and acknowledge that access and/or use of the Sites may be interrupted, suspended, or terminated. Fusion92 retains the right and sole discretion to deny service and/or access to the Sites to anyone or any account, at any time and for any reason.

Your Conduct on the Sites

As a condition of your access and/or use any of the Sites, you acknowledge, warrant, and agree that: (i) you are an individual person more than 13 years of age; (ii) your use of the Sites will at all times comply with these Terms and all applicable laws and regulations.

BY ACCESSING AND/OR USING ANY OF THE SITES, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES (each of which constitute express violations of these Terms):

  • attempting to access, or actually accessing data that is not intended for you, such as logging into a server or an account which you are not authorized to access;
  • attempting to scan or test the security or configuration of a Site or to breach associated security or authentication measures;
  • tampering or interfering with the proper functioning of any part, page, or area of a Site or any of the functions and services provided through a Site;
  • attempting to interfere with service to any user of a Site in any manner, including, without limitation, by means of submitting a virus to a Site, or any attempts of hacking, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing” a Site;
  • using a Site or any of a Site’s contents to advertise or solicit, for any commercial, political, religious, or other inappropriate purpose, or any attempts to compete, directly or indirectly with Fusion92;
  • using a Site or any of a Site’s resources to solicit users or advertisers to become users or partners of other online or offline services which might be directly or indirectly competitive with Fusion92;
  • using any information from a Site for any commercial purpose, including, but not limited to, marketing;
  • accessing, monitoring, or copying any content or information from a Site using any robot, spider, scraper, or other automated or manual means/process for any purpose without our express, advance, written permission;
  • violating the restrictions in any robot-exclusion headers on a Site or bypassing or circumventing other measures employed to prevent or limit access to a Site;
  • taking any action that places excessive demand on our services, or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

A Site and all the materials available on a Site are the property of us and/or our affiliates, licensors, or Clients, and are protected by copyright, trademark, and other intellectual property laws. A Site is provided solely for your personal non-commercial use. You may not use a Site or the materials available on a Site in a manner that constitutes an infringement of our and/or others’ rights or that has not been authorized, in advance, in writing, by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute, in any manner or medium (including by email or other electronic means), any of the materials from a Site. You may, however, from time to time, download and/or print one copy of individual pages of a Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.

Links to Other Websites

Throughout a Site, links are provided to Internet sites maintained by third parties, such as links to third-party websites (where you can view more information and purchase advertised products) and to social networking sites like Facebook, LinkedIn, and Twitter (where you can view more information and comment on advertised brands and products).  Providing links to such third-party websites does not imply an endorsement or sponsorship of such third-party websites, or the information, products, and/or services offered on or through the third-party websites. In addition, we, and our affiliates, do not operate or control, in any respect, any information, products, or services that third parties may provide on or through third-party websites via links on a Site. The access and/or use of third-party websites are governed by the associated privacy policies and terms of service; Fusion92 is not responsible for the content of these third-party websites.

Privacy

We respect the privacy of the users of the Sites in accordance with our Privacy Policy. Please take a moment to review our Privacy Policy.

Disclaimers

The content/information on the Sites related to Clients is supplied by Clients, which Clients bear sole responsibility for the accuracy and completeness of their content/information. You acknowledge, understand, and agree that you have the obligation to, and must, personally evaluate and bear all risks associated with the use of any content/information on the Sites, including any reliance on the accuracy, completeness, or usefulness of that content/information.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

The Sites are provided for informational purposes only, and are not intended for your commercial use. The Sites should not be used in any risky activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs; you expressly assume any and all risk for such use.

Your interactions with companies, organizations, and/or individuals found on or through the Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, and/or representations associated with such purchases, transactions or dealings, are solely between you and such companies, organizations, and/or individuals. You acknowledge, understand, and agree that we will not be responsible or liable for any loss or damage, in any manner whatsoever, incurred/suffered by you as the result of any such purchases, transactions or dealings. You also acknowledge, understand, and agree that, if there is a dispute between users of a Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING THE SITES’ INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES, OR THIRD-PARTY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITEs, OR ANY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES ON THE SITEs, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Sites, violation of these Terms by you or any other person using your account, and your violation of any rights of another person/party. We reserve the right, at our option and in our discretion, to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Other Provisions

These Terms constitute the entire agreement between us and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern the subject. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.

The obligations under these Terms are personal to you and may not be assigned by you to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred. All claims or disputes arising out of or related to these Terms or use of the Sites shall be resolved exclusively by a state or federal court in Chicago, Illinois, where Fusion92 has its principal place of business, and you consent to the personal jurisdiction of and venue in such courts, and waive any objection to such courts being an inconvenient forum.