|
This site's Advertising Terms and
Conditions
Introduction: This Agreement between
you and this site's owner consists of these Terms and
Conditions. "You" or "Advertiser" 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 ads may be
placed 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 ad. No liability of this site and/or its owner(s)
shall result from any such decision.
Parties' Responsibilities: You are
responsible for 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 hit to web site
is counted as an impression. Due to our advertising price we
don't discriminate from users or automated robots. Even if you
access to this web site and see your own banner ad it will be
counted as a valid impression. Only in the case of the web site
administrator, the impressions 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
|