Online Advertising Contract / Terms and Conditions
1. ADVERTISING. The advertiser shall purchase the online advertising package at the rate listed and for the duration specified in the insertion order, which is attached and incorporated herein by reference and made a part of this agreement.
2. POSITIONING. Except as otherwise expressly provided in the contract, positioning of advertisements on kinerktube.com is at the sole discretion of the Company. Advertiser acknowledges that Company has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in the attached insertion order. Company provides Advertiser with estimated usage only as a courtesy to the Advertiser and shall not be held liable for any claims relating to said usage statistics. Any information collected by the Company, or its site vendors, relating to users or Advertiser’s site (including and without limitation any personally identifiable transactional data, secure data, or demographic information relating to users of the site), shall be property of the Company, and Advertiser shall not obtain any rights in such information by virtue of this agreement.
3. ACCEPTANCE OF ADVERTISEMENTS. The Company may, at its sole discretion, reject any advertisements.
4. CANCELLATION. After thirty days, advertiser is still liable for full amount of the contract. If campaign is postponed or suspended, Company can not guarantee an exact duplication of the campaign; due to a potentially limited inventory.
5. INDEMNIFICATION. The Advertiser agrees to defend, hold harmless and will indemnify the Company from all damages, costs, and expenses, of any nature whatsoever, including but not limited to reasonable attorneys’ fees, for which the Company may become liable by reason of its publication of the Advertiser’s online advertising.
6. COPYRIGHT. All advertising, which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor, composition, or material furnished by it, is and remains the property of the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize reproductions, in whole or in part, of any such advertising.
7. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the creation of the online advertising or on the sale of online advertising, such taxes shall be assumed and paid by Advertiser.
8. PAYMENT. The Advertiser shall make payment within 30 days of the billing date indicated on the Company’s statement. In the event that the account becomes past due, in addition to such other remedies as it may have, Company shall be relieved of its obligation to perform the advertising services under this Contract and the full of the contract shall immediately become due and payable by Advertiser. The Advertiser must also reimburse company for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys fees.
9. REJECTION OF ADVERTISEMENT. Company reserves the right to not run any advertisement that is received and that is not in accordance with company’s policies. In addition, Company reserves the right to reject or cancel any advertisement, order or reservation at any time and to reject any URL link embodied within any advertisement.
10. LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify Company from all claims, losses, judgments, and damages arising there from. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to Acts of God, as well as all other matters Advertise might raise relevant to this contract, is limited to the amount charged to the Advertiser by Company for the applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the matters first occurrence. LIMITATION OF LIABILITY. Company’s liability is limited in all cases to the return of the charges made for the applicable advertising. THIS LIMITATION OF LIABILITY IS A CONDITION FOR THE ACCEPTANCE OF ANY ADVERTISING BY THE COMPANY. IN NO EVENT SHALL THE AUSTIN AMERICAN STATESMAN BE LIABLE TO ADVERTISER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE PUBLICATION OF OR FAILURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADVERTISER FURTHER AGREES THAT THE COMPANY’S PROVIDER OF AD MANAGEMENT SERVICES, WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT MAY ARISE FROM ADVERTISER’S USE OF AD BANNER MANAGEMENT SERVICES ON STATESMAN.COM AND THAT NEITHER THE COMPANY NOR THE AD BANNER MANAGEMENT SERVICES WILL BE LIABLE TO ADVERTISER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
11. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.
12. ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.
13. It is expressly agreed that neither Advertiser, nor KinerkTube.com, nor their respective agents and representatives, shall disclose in any manner the terms and conditions of this Agreement to anyone not a party to it.
14. This Agreement is governed by the laws of the State of California
15. By signing below I certify that I am the owner or authorized representative of the Advertiser, and I hereby grant on behalf of the Advertiser its express permission and consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmission from the Austin American-Statesman or any other business operated by the Company. I agree that such information may be transmitted to the mailing and email address(es), telephone number(s) and facsimile number(s) listed on the front of this agreement or to any other contact addresses and numbers used by the Advertiser. I further represent that the Advertiser is the owner or lessor of the facsimile equipment that will be used to receive fax messages at the numbers noted, or is the authorized representative of the equipment owner or lessor.
16. The advertiser has read and agrees to the Terms and Conditions by the signature below
17. This agreement is fully executed upon the acceptance by both parties’ signatures.
18. This is a legally binding contract cancellations, changes, and corrections will not be accepted unless presented in writing and signed by purchasing party. I understand that this authorization will remain in effect until I cancel the advertising contract in writing, and I agree to notify KinerkTube.com in writing of any changes in my account information or termination of this authorization at least 72 hours prior to your next billing date. Please send written cancellations to 904 Civic Center Dr.#1, Rohnert Park Ca. 94928. Cancellations will ONLY be accepted in physical writing sent by physical mail, emails or voicemails will not count as an account termination request. Each contract will be automatically renewed at each anniversary for the term of that said contract. No cancellation of contracted listings will be deemed valid unless received in writing at least 30 days before the contract is to renew, but no more than 60 days prior to the end of the current contract. By signing this contract you are agreeing to the terms and conditions written above.
19. Recurring Payment Authorization:
I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify KinerkTube.com in writing of any changes in my account information or termination of this authorization at least 72 hours prior to the next billing date. Please send written cancellations to KinerkTube 904 Civic Center Dr. #1, Rohnert Park CA 94928. If the above noted periodic payment dates fall on a weekend or holiday, I understand that the payment may be executed on the next business day. I understand that because this is an electronic transaction, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of a transaction being rejected for Non Sufficient Funds (NSF) I understand that KinerkTube.com may at its discretion attempt to process the charge again within 5 days, and agree to an additional $25 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of transactions to my account must comply with the provisions of U.S. law. I agree not to dispute this recurring billing with my bank so long as the transactions correspond to the terms indicated in the listing authorization form.
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