Welcome
Thank you for visiting Wiikend.net™ website located at www.Wiikend.net (the “Site”). The Site is an Internet Property of Wiikend.net Marketing, LLC (“AN” “we” or “us”). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Wiikend.net™ Website Terms of Use (“Terms of Use”). These Terms of Use are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the Wiikend.net™ Privacy Policy (“Privacy Policy”), the Wiikend.net™ Affiliate Terms and Conditions and Wiikend.net™ Insertion Order (collectively, the “Network Agreements” and, together with these Terms of Use, the “Agreement”). Where there is a conflict between these Terms of Use and any Network Agreement, the applicable Network Agreement shall take precedence. Please review the terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
Acceptance of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and AN with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes arising prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
Requirements.
The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
The Wiikend.net™ Network.
Only by registering on the Site, completing the applicable Network Agreement as either an Affiliate or Advertiser (as those terms are defined in the applicable Network Agreements) and receiving approval from AN, may you utilize the affiliate marketing network operated by AN (the “The wiikend.net™ Network”). The wiikend.net™ Network enables: (a) interested third party Affiliates to access Creative (as that term is defined in the wiikend.net™ Affiliate Terms and Conditions) associated with various Advertiser products and/or services for purposes of marketing such products and/or services on Affiliate websites and/or through other online media as authorized by AN; and (b) interested Advertisers to attract and retain third party Affiliates for purposes of marketing their products and/or services. AN reserves the right to prohibit any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, AN undertakes no responsibility to monitor or otherwise police the use of Creative or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that AN is not responsible for and shall have no obligation and incur no liability to you in connection with any Creative and/or other information appearing in The wiikend.net™ Network or otherwise made available by and through the Site.
Please use caution, common sense and safety when using The wiikend.net™ Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-users, Affiliates, Advertisers and/or other third parties, you hereby release AN including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. AN reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Affiliates, Advertisers and/or other third parties.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that AN is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as either an Affiliate or Advertiser or to use any associated The wiikend.net™ Network or Site functionality. You understand and agree that AN shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site, wiikend.net™ Network, Creative, any AN products and/or services or any products and/or services offered by any Affiliates and/or Advertisers. These Terms of Use only govern your use of the Site and ability to register for the services provided on the Site. To access The wiikend.net™ Affiliate Terms and Conditions
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against AN and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that AN incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.