Terms
& Conditions
1. General. A deposit must be submitted to AccuMeta.com
in advance of initial advertising date. By submitting advertising
for inclusion on AccuMeta.com, advertiser/agency agrees to be bound
by the terms of this contract. No conditions other than those set
forth herein shall be binding on AccuMeta.com. This contract supersedes
any previous agreements between AccuMeta.com and advertiser/agency
relating to the subject matter set forth herein. AccuMeta.com's
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event
shall AccuMeta.com be obligated to serve advertisements for any
other advertiser.
2. Changes and Cancellations. Cancellations and
changes can be made via the advertiser login. AccuMeta.com's advertising
specifications are accessible through the advertiser login. AccuMeta.com
reserves the right to change any of its advertising specifications
at any time.
3. Delivery, Frequency and Makegood. All figures
relating to the number of advertisements served as determined by
AccuMeta.com shall govern, regardless of whether advertiser/agency
is using the services of a third party ad server. If AccuMeta.com
fails to provide the guaranteed number of impressions, AccuMeta.com
will make good on this contract.
4. Key Words and Phrases. AccuMeta.com offers
no exclusivity on keywords or phrases. Each advertiser will be given
ranking positions based upon the bid they enter on keywords/phrases.
5. Rejections. AccuMeta.com reserves the right,
without liability, to reject, omit or exclude any advertisement
or to reject or terminate any links, buttons, boxes or banners for
any reason at any time, with or without notice to the advertiser/agency,
and whether or not such advertisement, link, button, box or banner
was previously acknowledged, accepted, or published.
6. Licenses and Indemnification. Advertiser/agency
grants AccuMeta.com the right to use, reproduce, publicly display
and distribute advertiser's advertisments and collateral information
and warrants that advertiser/agency has the right to grant such
license. Advertiser/Agency represents that the advertiser is the
owner or is licensed to use the entire contents and subject matter
contained in its advertisements and collateral information, including,
without limitation, (a) the names and/or pictures of persons; (b)
any copyrighted material, trademarks, service marks, logos, and/or
depictions of trademarked or service marked goods or services; and
(c) any testimonials or endorsements contained in any advertisement
submitted to AccuMeta.com. In addition, advertiser/agency represents
that the advertiser's advertisements and collateral information
do not violate any applicable local, state or federal law or regulation.
In consideration of AccuMeta.com's acceptance of such advertisements
and information for publication, the advertiser and agency will
jointly and severally indemnify and hold harmless AccuMeta.com
and its officers, directors, shareholders, employees, accountants,
attorneys, agents, parent, affiliates, subsidiaries, successors
and assigns from and against any and all third party claims, damages,
liabilities, costs and expenses, including reasonable legal fees
and expenses, arising out of or related to: (i) advertiser/agency's
breach of any covenants, representations and warranties made therein,
(ii) AccuMeta.com's performance under this contract, and (iii)
the copying, printing, distributing, transmitting or publishing
of advertiser's/agency's advertisements or collateral information
by AccuMeta.com.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL AccuMeta.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST
INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS
CONTRACT, EVEN IF AccuMeta.com HAS BEEN ADVISED AS TO THE POSSIBILITY
OF SUCH DAMAGES. |
