| TERMS OF USE & AGREEMENT
TO ADVERTISE ON WEB SITE/SITES.
THIS AGREEMENT is made on the Execution
Date between the Owner or Lessee of the one part and the Advertiser User
of the other part
1. The Owner is the owner or licensee
of the Web Site;
2. The Owner has agreed to allow
the Advertiser to advertise on the Web Site upon the
following terms and conditions.
WHEREAS:-
1. DEFINITIONS
In this Agreement the following words
shall have, unless the context requires otherwise the
following meaning:--
1. “Agreement” means this agreement,
its contents and any amendments thereto between the advertiser & user
and
the web site directory owner;
2. “Execution Date” means the
date for the commencemet of the advertising;
3. “Advertiser” means the name
of the enity or person requesting the advertising;
4. “Owner or Leasee” means
the party who owns or leases the web site directory that the advertiser
requests
advertising on;
5 “Fees” means the amount
payable by the Advertiser to the Owner or Leasee of the web sites in the
amount
agreed upon for the term of the
advertising;
6 “Term” means the period
of time for the advertising;
7. “Web Site” means the
web site on the internet where the advertising will appear;
8. "User" means the persons
or persons uploading information to a web site:
2.0 THE RIGHT TO ADVERTISE
2.1 The owner grants to the Advertiser
or User the non-exclusive right to advertise on the
Web Site for the Term in consideration
for the Advertiser paying the Fees
to the Owner and otherwise complying
strictly with the terms and conditions
contained in this Agreement.
2.2 The Fees will be paid by way
of on line banking, cheque, credit card, money order or direct bank deposit;
2.3 The Level of the Fees will be
for the advertising Term only.
Advertising term is for one year
(1 Year) unless negociated by arrangement in writing by the owner.
3.0 OWNERSHIP OF THE WEB SITE
3.1 The Advertiser User acknowledges
that the Owner is or is entitled to be the
owner or licensee of the Web Site
and agrees and acknowledges that it
does not have any ownership or other
rights with respect thereto other than
the rights granted to it pursuant
to this Agreement.
3.2 The Advertiser User will not
compete with the Owner as regards the Owner’s rights
of ownership or licence with respect
to the Web Site.
3.3 No part of the Web site may be
copied, modified, reproduced by any process
or downloaded without the written
consent of the owner.
4.0 GENERAL
The Advertiser User acknowledges
the following:---
4.1 The Owner reserves the right
to reject or delete any advertisement which it considers
unsuitable for publication;
4.2 The positioning of advertisements,
except where special arrangements have
been made and payment of the appropriate
loading undertaken, will be at the
discretion of the Owner. Loaded
positions are subject to availability;
4.3 An advertisement having the appearance
of editorial matter must have
a border of acceptable thickness
and thickness and the word “advertisement”
set above;
4.4 Advertising material supplied
for any advertisement should be collected
immediately after publication.
No responsibility will be accepted for material
not collected by the Advertiser
within one (1) month from the date of appearance;
4.5 Where advertising copy is placed
by telephone, no responsibility is taken for
errors;
4.6 The cost of submission of a revised
proof and of implementation of the
Advertiser’s corrections, if any,
are payable by the Advertiser;
4.7 The Advertiser warrants
to the Owner that nothing in the advertising
material infringes any federal or
state law or the rights of any other person;
4.8 The Advertiser, to the extent
permissible by law, indemnifies the Owner
and its agents and employees against
all costs, expenses, claims, demands,
damages and loss of any kind wholly
or partially attributable to or arising out
of acceptance or publication of
any advertising material;
4.9 The Owner reserves the right
to cancel or suspend any advertisement, for
any reason, at its discretion and
without compensation;
4.10 If the Owner or User by reason
of an event of force majeure, is wholly or partially
unable to perform its obligations
pursuant to this Agreement, the Owner
will give to the Advertiser their
immediate due care and attention to restore services
as soon as soon as possible in the
event of Force Majeure whereupon
the Owner’s obligations to the Advertiser
will be suspended for so long as the
event renders the Owner unable to
perform its obligations. The Advertiser
acknowledges that the Owner will
not be liable in any way to the Advertiser
or any other person by virtue of
a suspension pursuant to this Clause. The
term “event of force majeure” means
an act of God, strike, lock-out or
other industrial disturbance, act
or public enemy, war, blockade, public
riot, lightning, earthquake, fire,
storm, flood, explosion, governmental
restraint, unavailability of equipment,
power surge or failure, electronic
failure, hacking, virus (including
but not limited to any outage) and any wilful,
criminal or negligent act of destruction.
The Owner will take all reasonable
steps to remove the force majeure
condition and resume performance of its
obligation under this Agreement.
5.0 WARRANTY
5.1. Australia: The Advertiser
or User warrants to the Owner that the advertisement and its contents are
true
and correct in all respects and
are in no way misleading or deceptive and contain no
representations or statements prohibited
by the Australian Trade Practices Act, 1974, or
otherwise contravene any other provision
of the said Act.
5.2. Global: The Advertiser
or user warrants to the Owner that the advertisement and its contents are
true
and correct in all respects and
are in no way misleading or deceptive and contain no
representations or statements prohibited
the Australian Trade Practices Act, 1974, or
otherwise contravene any other provision
of the said Act or by any local, state or country law where
the advertiser requests the advertising;
6.0 INDEMNITY
The Advertiser or User indemnifies
the Owner, its servants and agents against all liability, claims
or proceedings whatsoever arising
from the publication of the advertisement and without
limiting the generality of the foregoing
indemnifies each of them in relation to defamation,
slander of title, breach of copyright,
infringement of trade marks or names of publication titles,
unfair competition of trade practices,
royalties or violation of rights or privacy and warrants that
the material complies with all relevant
laws and regulations and that its publication will not give rise
to any rights against or liability
in the Owner, its servants or agents and in particular that nothing
therein is capable of being misleading
or deceptive or otherwise in breach of the
Australian Trade Practices Act,
1974 and any of its amendments.
Term Of Advertising Is One Year (1
Year) unless negociated by arrangement in writing by the owner.
To
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