Last revised 2018/05/24
NitroPay is owned and operated by GG Software, LP.
GG Software LP., a Washington limited partnership, (“GG Software”) operates a suite of online advertising products (collectively, “Platform”). You may only use the Platform pursuant to the following terms and conditions, which you accept by your use of the Platform. GG Software, reserves the right to modify or revise these Terms of Use and/or Privacy Policy or its other policies at any time at its sole discretion. You should visit this page frequently to review the terms, as you are bound by them. Continued use of the Platform following GG Software’s posting of adjustments to these Terms of Use and/or Privacy Policy will constitute your acceptance of such changes or modifications. In the event that you do not agree to any adjustments of these Terms of Use and/or Privacy Policy, you should not continue to use the Platform.
License and Access
GG Software grants you a non-exclusive right and license to access and use the Platform. This license does not include and strictly prohibits, without prior written consent, any resale of the Platform or its contents; any derivative use of the Platform or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform, including its operation, interface and contents, are covered by international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of GG Software.
Any unauthorized use shall immediately terminate the licenses and rights granted by GG Software and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.
You may not use any GG Software, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of GG Software, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
GG Software does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within GG Software’s control.
Publisher Payments
GG Software will pay the Publisher based on the net term outlined in their contract. Payment amounts shall be determined when final remittance notification is received by the Publisher. Any other revenue amounts are good-faith estimates by the Advertising Representative and should not be construed as final amounts.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY GG SOFTWARE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GG SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GG SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. GG SOFTWARE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF GG SOFTWARE’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GG Software DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM GG Software ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GG Software WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH GG Software’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold GG Software, its subsidiaries, affiliates, co-brand partners, and other parties with which GG Software is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Platform and/or your breach of the Terms of Use and Privacy Policy and/or resulting from any and all content you submit to GG Software and/or the Platform. GG Software shall provide notice to you of any such claim, suit or proceeding.
Governing Law
These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of Washington, without regard to principles of conflicts or choice of law.
General
If any provision of these Terms of Use and Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by GG Software, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
