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Terms
Of Service
1.
General. A deposit must be submitted to All-Seeing-Eye.com in
advance of initial advertising date. By submitting advertising for
inclusion on All-Seeing-Eye.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 All-Seeing-Eye.com. This contract
supersedes any previous agreements between All-Seeing-Eye.com and
advertiser/agency relating to the subject matter set forth herein.
All-Seeing-Eye.com's only obligation to serve advertisements hereunder
shall be to serve advertisements of the advertiser described herein,
and in no event shall all-seeing-eye.com be obligated to serve advertisements
for any other advertiser.
2. Changes
and Cancellations. Cancellations and changes can be made via
the advertiser login. All-Seeing-Eye.com's advertising specifications
are accessible through the advertiser login. All-Seeing-Eye.com
reserves the right to change any of its advertising specifications
at any time.
4. Delivery,
Frequency and Makegood. All figures relating to the number of
advertisements served as determined by All-Seeing-Eye.com shall
govern, regardless of whether advertiser/agency is using the services
of a third party ad server. If All-Seeing-Eye.com fails to provide
the guaranteed number of impressions, All-Seeing-Eye.com will make
good on this contract.
6. Key Words
and Phrases. All-Seeing-Eye.com offers no exclusivity on keywords
or phrases. Each advertiser will be given ranking positions based
upon the bid they enter on keywords/phrases.
8. Rejections.
All-Seeing-Eye.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.
9. Licenses
and Indemnification. Advertiser/agency grants All-Seeing-Eye.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 All-Seeing-Eye.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 All-Seeing-Eye.com's
acceptance of such advertisements and information for publication,
the advertiser and agency will jointly and severally indemnify and
hold harmless All-Seeing-Eye.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) all-seeing-eye.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 All-Seeing-Eye.com.
10. Limitation
of Liability. UNDER NO CIRCUMSTANCES WILL all-seeing-eye.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 All-Seeing-Eye.com
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. |