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Terms & Conditions for Blogads Advertisers

Last revised: August 27, 2008

Welcome to the Blogads online advertising sales and display services (the "Service") . Our Service allows you ("Advertiser") to place an advertisement ("Blogad") via the Service into a Javascript ("Adstrip") that is displayed on one or more of our network of web sites. You are buying the Blogad from the organization or person who publishes the web site and manages the Adstrip ("Publisher") . The Service runs on software developed and hosted by Pressflex LLC, its subsidiaries and third party contractors ("Application Provider"). Blogads are viewed by members of the public ("User"), who access Blogad(s) via the World Wide Web. The Service is a venue for a Publisher and an Advertiser to organize, complete and fulfill advertising transactions. The parties acknowledge and agree that Application Provider is solely a third party provider of services under this Agreement and does not serve as the agent of or for either Advertiser or Publisher.

YOU ACKNOWLEDGE AND AGREE THAT BY SUBMITTING YOUR BLOGAD TO PUBLISHER THROUGH THE SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.

1. CONDITIONS FOR ADVERTISING AND PAYMENT
1.1  Subject to approval by Publisher, Blogads are available to anyone who registers all the required information and has paid for the advertising submitted ("Advertiser Content") in a manner required on the Blogad submission form.

1.2  Application Provider shall provide Advertiser with a price list for all Adstrips and it shall be Advertiser's sole responsibility to determine on which Adstrips to place a Blogad. Advertiser shall be liable for all charges that accrue based on the price list provided to Advertiser. Blogads are sold on a fixed time basis. Until a Blogad is invoiced or paid for the parties agree that its price may change without notice. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Application Provider provides tracking tools, and in the event of any dispute in the running of an ad, the number of ad impressions or recorded click throughs on any Blogad, Advertiser hereby agrees that the tracking device provided by Application Provider shall be the official tracking mechanism for the applicable Blogad.

1.3  Publisher, Application Provider and their designees reserve the right to, and in their sole discretion may, at any time review, edit, reject, modify, or remove any Blogad. The sole liability of Publisher and Application Provider to Advertiser for removal of any Blogad shall be limited to a refund of any fees paid for Blogads not yet approved by Publisher. No liability of Publisher, Application Provider or their designees shall result from any such decision. In addition, Publisher may, at its option request that Advertiser rescind changes made to an approved Blogad, if Publisher in its sole discretion finds any modifications made to an approved Blogad objectionable.

1.4  Payment may take place via PayPal, with credit card using WorldPay's secure payment system ("Payment Solution Providers"), or, upon special arrangement, by check or wire transfer to the account designated by Application Provide. Payments are limited by terms of Payment Solution Providers. If a Blogad is not accepted, Publisher or its designees shall return the fee paid upon submission of the Blogad to Advertiser via either 1) the PayPal system to the PayPal account Advertiser used for payment or 2) by refunding the credit card purchase or 3) by mailing advertiser a check to the postal address registered with Application Provider via the appropriate Application Provider form, if the ad was paid for by check or wire transfer. If a refund is not claimed within the time period specified by Payment Solution Providers, Advertiser forfeits the entire amount and the payment is canceled. Any check not cashed within its expiry period will be forfeited and the payment is canceled. Advertiser may also request a refund at any time prior to approval of the Blogad by Publisher by sending an email to mistake (AT) blogads DOT com with sufficient detail to describe the Blogad and the refund requested. Other than as specifically described above, all fees paid for Blogads are nonrefundable.

1.5  Advertiser may not use the Service in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Application Provider and its designees reserve the right to restrict, suspend, or terminate Advertiser's access to all or any part of the Blogads system at any time, for any or no reason, with or without prior notice, and without liability.

1.6  By submitting advertising into the Blogads Service, the Advertiser grants Application Provider the right to reproduce, publish, display and distribute, without additional charge, the Blogad on any of the Application Provider sites or in any Application Provider collateral materials, including but not limited to www.blogads.com. In addition, Advertiser hereby agrees that Publisher and Application Provider may display Advertiser's Blogads, free of charge, on other sites maintained by Publisher, Application Provider or their designees. If you wish to opt out from providing Application Provider such additional rights, please contact Application Provider by sending an email to materials (AT) blogads DOT com, specifying the Blogad id number of the subject advertisement.

1.7  By submitting a Blogad to the Service, Advertiser shall represent and warrant that it is the owner of all patent, copyright, mask work, trademark, service mark, and any and all other proprietary rights and interests therein. Advertiser hereby grants Publisher, Application Provider and their designees the right to communicate such works to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of this Agreement for the purpose of providing the Service and posting the Blogad as described in this Agreement. Advertiser also permits any User to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the web Site retains any and all rights that may exist in such content.

1.8  Advertiser acknowledges and agrees that Publisher or its designees may preserve Advertiser Content and may also disclose Advertiser Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Advertiser Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Application Provider, Publisher, Users and the public.

2. REPRESENTATIONS AND WARRANTIES
2.1  Advertiser hereby represents and warrants that Advertiser is authorized to publish Advertiser Content and further represents, that the contents are not unlawful, do not infringe the rights of any person or entity and that the Advertiser has obtained all necessary permission or releases to display the Blogad.

2.2  Advertiser further represents and warrants that any Web site linked to Advertiser's Blogad(s) complies with all laws and regulations in any state or country where the ad is displayed, does not breach and has not breached any duty toward or rights of any person or entity and is not false, misleading, defamatory, libelous, slanderous or threatening.

2.3  Advertiser acknowledges and agrees that Publisher, Application Provider, their affiliates, partners and third-party service providers make no guarantee regarding the levels of impressions or clicks for any Blogad placed into an Adstrip. Advertiser further acknowledges that Publisher and Application Provider, their affiliates and third-party service providers act as a passive conduit for the online distribution and publication of Advertiser-submitted information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by Users. Publisher, Application Provider, their affiliates and third-party service providers do not warrant or make any representations regarding the use or the results of the use of the materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise and Advertiser assumes the entire cost of all necessary maintenance, repair or correction to the Blogad.

3. NO WARRANTY
ADVERTISER ACKNOWLEDGES THAT ADVERTISER IS USING THE SERVICE AT ADVERTISER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND PUBLISHER, APPLICATION PROVIDER, THEIR AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM SERVICE PROVIDER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

4. LIMITATIONS OF LIABILITY
PUBLISHER, APPLICATION PROVIDER, THEIR OFFICERS, DIRECTORS, AGENTS, ADVISORS, AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO ADVERTISER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, ADVERTISER'S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, ADVERTISER'S USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER ACKNOWLEDGES THAT, DUE TO THE NATURE OF THE INTERNET, PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS CAN ASSUME NO LIABILITY FOR UNAUTHORIZED COPYING OF BLOGADS CONTENT BY USERS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO ADVERTISER. ADVERTISER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. 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.

5. INDEMNIFICATION
ADVERTISER HEREBY AGREES TO RELEASE PUBLISHER, APPLICATION PROVIDER, THEIR AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ADVERTISER'S USE OF THIS SITE. IF ADVERTISER IS A CALIFORNIA RESIDENT, ADVERTISER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" .

6. MISCELLANEOUS
6.1  This Agreement shall be governed in all respects by the laws of Delaware and the parties agree to submit to the non-exclusive jurisdiction of the Delaware courts.

6.2  Unless otherwise noted in this Agreement, all correspondence should be sent to the Publisher via the e-mail address specified on Publisher's site.

6.3  Unless, otherwise directed by Advertiser in writing, Publisher and Application Provider or their designees may, even after termination of this Agreement, retain and store all Advertiser information, including but not limited to Ads, URLs, contact and billing information. In addition, Publisher and Application Provider or their designees may share aggregate (i.e., not personally identifiable) information about Advertiser with other advertisers, business partners, including syndication partners, sponsors, and other third parties.

6.4  While Application Provider, its affiliates, partners and third-party service providers do value Advertiser feedback on the Blogads Services, Advertisers are asked to be specific in their comments and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, Advertiser sends us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Application Provider, its affiliates, partners and third-party service providers. None of the Submission shall be subject to any obligation of confidence on Application Provider, its affiliates, partners and third-party service providers, and the same shall not be liable for any use or disclosure of any Submission. Application Provider, its affiliates, partners and third-party service providers shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to Advertiser or any other person who submitted the Submission.

6.5  Use of Trademarks. Advertiser hereby grants Application Provider the right to use its name and logos ("Trademarks") on its web sites and advertising materials in connection with the Services.

6.6  In the event that the bulk of the assets of Application Provider, its affiliates, partners and third-party service providers are acquired, user data submitted via the Service may be among the transferred assets.

6.7  Advertiser agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activities conducted on Application Provider's servers. Advertiser agrees not to take any action that imposes an unreasonable or disproportionately large load on the Service's hardware, bandwidth or software. Advertiser agrees not to impede or interfere with others' use of the Service. Advertiser further agrees not to alter or tamper with any information or materials on or associated with the Service.

6.8  All prices and terms are subject to change. The current terms of this Agreement can always be publicly accessed via the Blogad buying pages of the Adstrip.

To read the Privacy Policy, please click here.
To read the Terms & Conditions for Adstrip Publisher, please click here.