Introduction: This Agreement between you and this
site's owner consists of these Terms and Conditions. "You" or
"Artist, Singer,Record Label" means the entity identified in this enrollment form,
and/or any agency acting on its behalf, which shall also be bound by the terms
of this Agreement. Please read very carefully these Terms and Conditions.
Uses: You agree that your picture maybe post and
all your song's may be play for air play on (i)
this web site owned and operated by Phatfirm Radio (ii) Any ads may be modified
without your consent to comply with any policy of this site. This site reserves
the right to, and in its sole discretion may, at any time review, reject,
modify, or remove any ador any song's. No liability of this site and/or its owner(s) shall
result from any such decision.
Parties' Responsibilities: You are responsible for
your own song's your own,picture your own site and/or service advertised in this web site. You are solely
responsible for the advertising image creation, advertising text and for the
content of your ads, including URL links. This site is not responsible for
anything regarding your Web site(s) including, but not limited to, maintenance
of your Web site(s), order entry, customer service, payment processing,
shipping, cancellations or returns.
Impressions Count: Any song play is counted as
an Air play. Due to our Artist Special Promotion price we don't discriminate from users or
automated robots. Even if you access to this web site and see your own picture it will be counted as a valid
promotion. Only in the case of the web site
administrator, Server problem it will not be counted.
Termination, Cancellation: This site's owner may at
any time, in its sole discretion, terminate the Campaign, terminate this
Agreement, or cancel any ad(s) or your use of any Target. This site's owner will
notify you via email of any such termination or cancellation, which shall be
effective immediately. No refund will be made for any reason. Remaining
impressions will be stored in a database and you'll be able to request another
campaign to complete your inventory. You may cancel any ad and/or terminate this
Agreement with or without cause at any time. Termination of your account shall
be effective when This site's owner receives your notice via email. No refund
will be made for any reason. Remaining impressions will be stored in a database
for future uses by you and/or your company.
Content: This site's owner does not accepts
advertising that contains: (i) pornography, (ii) explicit adult content, (iii)
moral questionable content, (iv) illegal content of any kind, (v) illegal drugs
promotion, (vi) racism, (vii) political content, (viii) religious content,
and/or (ix) fraudulent suspicious content. If your advertising and/or target web
site has any of this content, the ad will be deactivated without a refund of any
kind. Your banners ads impressions will be stored for future use.
Confidentiality: Each party agrees not to disclose
Confidential Information of the other party without prior written consent except
as provided herein. "Confidential Information" includes (i) ads, prior
to publication, (ii) submissions or modifications relating to any advertising
campaign, (iii) clickthrough rates or other statistics (except in an aggregated
form that includes no identifiable information about you), and (iv) any other
information designated in writing as "Confidential." It does not
include information that has become publicly known through no breach by a party,
or has been (i) independently developed without access to the other party's
Confidential Information; (ii) rightfully received from a third party; or (iii)
required to be disclosed by law or by a governmental authority.
No Guarantee: This site's owner makes no guarantee
regarding the levels of clicks for any ad on its site. This site's owner may
offer the same Target to more than one advertiser. You may not receive
exclusivity unless special private contract between This site's owner and you.
No Warranty: This site's owner MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND
OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability: In no event shall This
site's owner be liable for any act or omission, or any event directly or
indirectly resulting from any act or omission of Advertiser, Partner, or any
third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND
CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE
LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii)
THIS SITE'S OWNER AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY
CLAIM IS LIMITED TO THE AMOUNT PAID TO THIS SITE'S OWNER BY ADVERTISER FOR THE
AD GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has
entered into this Agreement relying on the limitations of liability stated
herein and that those limitations are an essential basis of the bargain between
the parties. Without limiting the foregoing and except for payment obligations,
neither party shall have any liability for any failure or delay resulting from
any condition beyond the reasonable control of such party, including but not
limited to governmental action or acts of terrorism, earthquake or other acts of
God, labor conditions, and power failures.
Payment: You agree to pay in advance the cost of the
advertising. This site's owner will not setup any banner ads campaign(s) unless
the payment process is complete. This site's owner may change its pricing at any
time without prior notice. If you have an advertising campaign running and/or
impressions stored for future use for any mentioned cause and This site's owner
changes its pricing, you'll not need to pay any difference. Your purchased
banners fee will remain the same. Charges shall be calculated solely based on
records maintained by This site's owner. No other measurements or statistics of
any kind shall be accepted by This site's owner or have any effect under this
Agreement.
Representations and Warranties: You represent and
warrant that (a) all of the information provided by you to This site's owner to
enroll in the Advertising Campaign is correct and current; (b) you hold all
rights to permit this site's owner and any Partner(s) to use, reproduce,
display, transmit and distribute your ad(s); and (c) this site's owner and any
Partner(s) Use, your Target(s), and any site(s) linked to, and products or
services to which users are directed, will not, in any state or country where
the ad is displayed (i) violate any criminal laws or third party rights giving
rise to civil liability, including but not limited to trademark rights or rights
relating to the performance of music; or (ii) encourage conduct that would
violate any criminal or civil law. You further represent and warrant that any
Web site linked to your ad(s) (i) complies with all laws and regulations in any
state or country where the ad is displayed; (ii) does not breach and has not
breached any duty toward or rights of any person or entity including, without
limitation, rights of publicity or privacy, or rights or duties under consumer
protection, product liability, tort, or contract theories; and (iii) is not
false, misleading, defamatory, libelous, slanderous or threatening.
Your Obligation to Indemnify: You agree to indemnify,
defend and hold this site's owner, its agents, affiliates, subsidiaries,
directors, officers, employees, and applicable third parties (e.g., all relevant
Partner(s), licensors, licensees, consultants and contractors)
("Indemnified Person(s)") harmless from and against any and all third
party claims, liability, loss, and expense (including damage awards, settlement
amounts, and reasonable legal fees), brought against any Indemnified Person(s),
arising out of, related to or which may arise from your use of the Advertising
Program, your Web site, and/or your breach of any term of this Agreement.
Customer understands and agrees that each Partner, as defined herein, has the
right to assert and enforce its rights under this Section directly on its own
behalf as a third party beneficiary.
Information Rights: This site's owner may retain and
use for its own purposes all information you provide, including but not limited
to Targets, URLs, the content of ads, and contact and billing information. This
site's owner may share this information about you with business partners and/or
sponsors. This site's owner will not sell your information. Your name, web
site's URL and related graphics shall be used by This site's owner in its own
web site at any time as a sample to the public, even if your Advertising
Campaign has been finished.
Miscellaneous: Any decision made by This site's owner
under this Agreement shall be final. This site's owner shall have no liability
for any such decision. You will be responsible for all reasonable expenses
(including attorneys' fees) incurred by This site's owner in collecting unpaid
amounts under this Agreement. This Agreement shall be governed by the laws of
the United States. Any dispute or claim arising out of or in connection with
this Agreement shall be adjudicated in New York, NY (USA). This constitutes the
entire agreement between the parties with respect to the subject matter hereof.
Advertiser may not resell, assign, or transfer any of its rights hereunder. Any
such attempt may result in termination of this Agreement, without liability to
This site's owner and without any refund. The relationship(s) between this
site's owner and the "Partners" is not one of a legal partnership
relationship, but is one of independent contractors. This Agreement shall be
construed as if both parties jointly wrote it.
USA (c) 2003
|