FlashBannerNow.com Terms of Service

This agreement will govern your use of FlashBannerNow.com website and purchase of services. Please do not use the website and do not purchase the services if you do not accept these terms. If you purchase any products or services from FlashBannerNow.com, you understand that such purchase is subject to these agreement. This website is owned and operated by FlashBannerNow.com, which owns or has licensed all the materials on this website.

SERVICE AND SALES

FlashBannerNow.com provides to the customer online tools for generation of the Flash web advertising banners, ie. Adobe SWF version 8 files in the following Internet Advertising Bureau's standard formats: "Full Banner" (468 x 60) - Instant and Pro services; "Leaderboard" (728 x 90), "Medium Rectangle" (300 x 250), "Large Rectangle" (336 x 280) and "Wide Skyscraper" (160 x 600) - Instant service only. When the customer completes the creation of Flash banner, he or she can purchase the Flash banner SWF file by accessing the download page immediately or receiving the generated Flash banner SWF file by email as email attachment. FlashBannerNow.com reserves the right to delay the immediate delivery of any order for additional fraud screening. Flash banners SWF files are generated in real-time on the FlashBannerNow.com server, thus the Flash banner generator service does not produce and will not provide Flash source files in the FLA file format. FlashBannerNow.com does not sell banners generated with the banner generator service in file formats other than the standard Adobe Flash Player SWF file. If required, manual conversion or recreation of purchased Flash banners into other file formats, such as animated GIF, is available as Custom Ad Design service for a separate fee. All SWF files generated with FlashBannerNow.com Flash banner generator are fully compliant with the Adobe Flash Ad Tracking standard (http://www.adobe.com/resources/richmedia/tracking/adserving_guide/).

The Flash banners are also available by subscription to one of the monthly plans listed at http://www.flashbannernow.com/help/ordering.php#pricing. The subscription service will automatically renew and charge the credit card of record for your account. The day of the month your service is activated will be the start date of each term. Billing occurs at the beginning of each term. Each service plan is billed according to a defined limit on the number of banners that can be downloaded in any given month, known as the download "quota" for that plan. Any unused downloads from the prior month will not carryover and will be lost. After you have reached the maximum quota limit for your plan, you can purchase additional banners at a regular price. You can upgrade, downgrade or cancel your subscription plan at anytime during the month from your Pro account interface or by contacting our support at http://www.flashbannernow.com/support.php

The regular price of a Flash banner includes up to five free minor updates to the ad copy. Examples of such minor updates include correction of spelling mistakes or typos, address or telephone number changes, slight rewording of the ad copy etc. Alterations to the ad copy advertising completely different product or service does not constitute minor updates and require purchase of a separate ad banner.

It is the responsibility of the customer to consult with his or her web publisher or ad network regarding their support of the Adobe Flash SWF file format before purchasing the generated Flash banners. The customer must be able to upload purchased Flash banner SWF file on his/her website(s) and make required modification to the website HTML code. FlashBannerNow.com provides a free demo Flash banner at http://www.flashbannernow.com/download-flash-banner.php, which the customer must try before making actual purchase.

2Checkout.com, Inc. (http://www.2checkout.com) is an authorized retailer of goods and services provided by FlashBannerNow.com.

FlashBannerNow.com may use Registered (Pro) users contact information from the registration form to send information about FlashBannerNow.com. Such information is send on opt-out basis and user can unsubscribe at any moment by closing his/her Pro account.

USING THE INSTANT FLASH BANNERS ON THIRD-PARTY WEB SITES

FlashBannerNow.com is not responsible for methods that your web hosting provider may use to display Flash animations. For example, MySpace.com has made it impossible to link to external websites from Flash animations. You can still use your Flash banner as an animated "logo" on your MySpace page, but the click-through URLs will be disabled for web users with new Flash 9 plugin installed in their browsers. Please try the free demo banner code available at http://www.flashbannernow.com/download-flash-banner.php to fully understand the banner functionality prior to your purchase.

CUSTOM FLASH AD DESIGN SERVICES

GRANT OF LICENSE

Instant Flash banners downloaded by you from this website, including, without limitation, any files generated by our service and data accompanying the products are licensed to you by FlashBannerNow.com. You can use the purchased SWF files for advertising purposes on your own web sites or third-party ad networks without limitations. You may not decompile, reverse engineer, disassemble, or otherwise reduce the products to a machine or human readable form. The design, programming, media elements and other content of this website is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

REFUND POLICY

FlashBannerNow.com is offering non-tangible irrevocable goods in the form of downloadable files. We also offer a free demo banner, which the customer must try before ordering. FlashBannerNow.com guarantees full refund in the case when the purchased SWF file was not generated on our server due to a service malfunction. All successful sales when the purchased SWF file is generated, displayed and accessible on the order download page, are final and all charges from those sales are nonrefundable.

You can request a refund for unused credits remaining in your Pro account no later than 14 days after the purchase of the credits. 10% service charge of the total value of that purchase will be deducted from your balance, and the remainder credits will be paid to you. Refunds after 14 days from the date of purchase are not possible. Credits that have been used to order services or files from our website, cannot be refunded as that equals a confirmed purchase. Only the credit balance remaining on your account is eligible for refund. Alternatively, we can convert unused credits into monthly subscription plans upon your request.

LIMITATION OF WARRANTY AND DAMAGES

FlashBannerNow.com makes no representation or warranty with respect to this website and to the extent permitted under applicable law this website is delivered "as is". The warranty stated herein is expressly in lieu of all other warranties, express or implied, including but not limited to any express or implied warranty of accuracy, correctness, reliability, merchantability, fitness for a particular purpose, and non-infringement, and such warranty constitutes the only warranty made by FlashBannerNow.com with respect to this website, content, services and products.

In no event will FlashBannerNow.com or any of its affiliates, officers, directors, employees, licensors, suppliers or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use this website. In no event will liability of FlashBannerNow.com or any of its affiliates, officers, directors, employees, licensors, suppliers or distributors exceed the amount paid by you, if any, for accessing or using this website, or purchasing or downloading the products or services from this website.

CUSTOM CONTENT

Our service provides you ability to enter information, such as advertising messages and other info and upload your own materials, such as images and logotypes to use this information and materials (the "Custom Content") in the banners you create. FlashBannerNow.com does not control the Custom Content. FlashBannerNow.com is not responsible for the Custom Content of any banners generated and downloaded from this website nor is FlashBannerNow.com liable for any claims arising in connection with use of such banners.

FlashBannerNow.com reserves the right to cancel any Registered User's account without prior notice for any reason, including, but not limited to if, in FlashBannerNow.com's sole discretion, you fail to comply with any term of these Terms of Service. Upon termination, you must destroy all materials obtained from this website, copies and related documentation thereof. FlashBannerNow.com reserves the right to change or amend these Terms of Service at any time without prior notice. By using the services at this website, you signify your agreement to the Terms of Service in effect at such time.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

If you have any questions about our Terms of Service or the practices of this site, please use the feedback form at http://www.flashbannernow.com/support.php to contact us.