PLEASE READ THE FOLLOWING CAREFULLY AS IT REPRESENTS A LEGAL AGREEMENT BETWEEN YOU AD GIANTS, LLC AND AFFILIATES (COLLECTIVELY “MODsocket”):

USE OF MODSOCKET.COM (THE “SITE”), THE MATERIALS AND INFORMATION CONTAINED ON THE SITE AND/OR SERVICES THAT MAY BE OTHERWISE PROVIDED (THE “SERVICES”) ARE SPECIFICALLY CONDITIONED UPON YOUR ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE (THE “SITE TERMS”).

BY CLICKING THE “I AGREE” BUTTON, ACCESSING THE SITE OR BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THE SITE TERMS. IF YOU DO NOT AGREE TO ALL OF THE SITE TERMS, CLICK THE “CANCEL” BUTTON AND DO NOT USE THIS SITE OR THE SERVICES.
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 AND ARE LAWFULLY ABLE TO ACCEPT THESE SITE TERMS. IF YOU ARE USING THE SITE ON BEHALF OF ANY ENTITY, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE SITE TERMS INDIVIDUALLY AND ON SUCH ENTITY'S BEHALF, AND THAT SUCH ENTITY AGREES TO INDEMNIFY AD GIANTS FOR VIOLATIONS OF THESE SITE TERMS.

Privacy Policy
Ad Giants is committed to protecting your privacy. Please refer to our Privacy Statement for information on how we collect, use and disclose customer and personal information.

Ownership of the Site and its Contents
Unless otherwise indicated, all of the content featured or displayed on this Site is owned by Ad Giants, its licensors, customers, content providers and registered users. All elements of the Site, including the Services are protected by copyright, trade dress, trademark and other laws relating to the protection of intellectual property.

Use of the Site
The Site and the Services are intended for customers and prospective customers and you are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Services without, or in violation of, a written license or agreement with MODsocket; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Services; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any third party for any Ad Giants Services; and (e) using the Site or the Services other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes of the United States or the country in which you reside.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Charges
You agree that Ad Giants may charge to your credit card or other payment mechanism selected by you and approved by Ad Giants all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with use of the Services. Ad Giants may change prices at any time without prior notice. You agree that in the event Ad Giants is unable to collect the fees owed to Ad Giants for the Services, Ad Giants may take any steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Ad Giants in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Ad Giants may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Ad Giants has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, account holders who infringe the intellectual property rights of Ad Giants or any third party.

Trademarks
MODsocket™, the MODsocket logo, PitchRocket™, the PitchRocket logo, Ad Giants, the Ad Giants logo and any other product or service name or slogan contained in the Site are trademarks of Ad Giants and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ad Giants or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "MODsocket" or any other name, trademark or product or service name of Ad Giants without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ad Giants and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use the MODsocket logo or other proprietary graphic of Ad Giants to link to this Site without the express written permission of MODsocket. Further, you may not frame any Ad Giants trademark, logo or other proprietary information, including the Services, without Ad Giants’ express written consent.

Ad Giants makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Ad Giants and Ad Giants is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Ad Giants provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Ad Giants of any site or any information contained therein. Your participation, correspondence or
business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Ad Giants shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Ad Giants, to keep it accurate, current and complete; (c) maintain the security of any password and user identification related to use of the Site; (d) notify Ad Giants immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to MODsocket.

Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED "AS IS" AND AD GIANTS AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK. AD GIANTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Ad Giants uses reasonable efforts to ensure the accuracy, correctness and reliability of the Services, but we make no representations or warranties as to the Service’s accuracy, correctness or reliability and you acknowledge and agree that Ad Giants does not guarantee their accuracy.
Some states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or federal provisions
.
Indemnification
You agree to defend, indemnify and hold harmless Ad Giants, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your
conduct, your use or inability to use the Site or your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Services, or your violation of any rights of another.

Limitation of Liability
IN NO EVENT SHALL AD GIANTS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM AD GIANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AD GIANTS’ CONTENT OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AD GIANTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES EXCEED ANY COMPENSATION OR FEES YOU ACTUALLY PAY, IF ANY, TO AD GIANTS FOR ACCESS TO OR USE OF THE SITE, THE SERVICES OR SERVICES PROVIDED BY AD GIANTS IN THE 12 MONTHS PRECEDING ANY CLAIM.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Services shall be governed by the laws of the State of Texas as it applies to agreements entered into and to be performed in Texas by Texas residents. By using this Site or the Services you agree to the exclusive jurisdiction and venue of the courts located in Dallas County, Dallas, Texas.

Termination
Notwithstanding any of these Site Terms, Ad Giants reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by MODsocket. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

General Provisions
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. This Agreement has been prepared in the English Language and such version shall be
controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.

Changes to Site Terms
Ad Giants reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Ad Giants at support@adgiants.com or by mail at Ad Giants, LLC, ATTN: Website Administrator, 8117 Preston Road, Suite 260, Dallas, TX 75225.