BowlingFans.com Advertising Terms and Conditions
These terms and conditions govern all Advertiser set-up and insertion setup forms ("Insertion Orders") submitted by Advertiser to usrbingeek LLC, ("BowlingFans.com"). Collectively these terms and conditions and all Insertion Orders constitute the "Agreement." In the event that an advertising agent executes any portion of the Agreement on behalf of Advertiser, the agent is jointly and severally responsible for all Advertiser obligations under such portions and represents that it has authority to bind the Advertiser.
From time to time, Advertiser may submit Insertion Orders. No Insertion Order shall be effective unless accepted by BowlingFans.com. BowlingFans.com may amend the Insertion Order form from time to time in its sole discretion, and may require that Advertiser use an electronic Insertion Order form.
Advertiser acknowledges that the sole obligation of BowlingFans.com is to display promotional graphics, links and/or banner advertisements (the "Promotional Displays") from Advertiser which conforms to the specifications set forth elsewhere in the insertion order (the insertion order, BowlingFans.com Advertising Specifications (the Specifications") available at http://www.bowlingfans.com/about/adspecs.shtml, BowlingFans.com Advertising Rate Card (the "Rate Card") available at http://www.bowlingfans.com/about/ratecard.shtml, and these General Terms and Conditions are referred to collectively herein as the "Agreement"). In this regard, Advertiser agrees that (i) BowlingFans.com has the right to market, display, perform, transmit and promote the Promotional Displays, and (ii) users of BowlingFans.com's web site have the right to access and use the Promotional Displays and any content and/or services directly linked to the Promotional Displays (the "Advertiser Web Content").
Neither impression displays nor pricing are in any way reserved by BowlingFans.com for you until a fully executed insertion order or Agreement has been processed by our business office. Promotional Displays require payment in full with the Agreement prior to the display of any Promotional Displays. Advertiser understands that once this Agreement is executed there shall be no refunds or proration of rates or payments if Advertiser elects to discontinue display of the Promotional Displays prior to expiration of the advertising term.
Notwithstanding the foregoing, BowlingFans.com may terminate this Agreement if Advertiser fails to pay any amount due hereunder and such nonpayment remains uncured for five (5) days following notice to Advertiser of nonpayment.
Orders are accepted subject to the terms and provisions of the current Rate Card and Specifications. Advertising rates set forth in the Rate Card are subject to change; any rate changes will apply to any additional advertising services requested by Advertiser after such rate change.
Promotional Displays randomly rotate with other Promotional Displays scheduled for the same position, including Promotional Displays for the same Advertiser and Promotional Displays for other Advertisers. Purchasing additional Promotional Displays insertions of the same size will not necessarily increase the frequency that the Promotional Displays will appear.
UNDER NO CIRCUMSTANCES SHALL BOWLINGFANS.COM BE LIABLE TO THE ADVERTISER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT BOWLINGFANS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE ADVERTISING RELATIONSHIP PROVIDED FOR HEREIN. BOWLINGFANS.COM SHALL IN NO EVENT BE LIABLE TO ADVERTISER FOR MORE THAN THE TOTAL AMOUNT PAID TO BOWLINGFANS.COM BY ADVERTISER HEREUNDER. BOWLINGFANS.COM MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING BOWLINGFANS.COM'S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOWLINGFANS.COM SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (I) THE NUMBER OF PERSONS WHO WILL ACCESS THE PROMOTIONAL DISPLAYS AND (II) ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM INCLUDING THE PROMOTIONAL DISPLAYS WITHIN BOWLINGFANS.COM'S WEB SITE.
Advertiser is solely responsible for any legal liability arising out of or relating to the Promotional Displays and/or the Advertiser Web Content. Advertiser represents and warrants that (1) the Promotional Displays comply with BowlingFans.com's advertising standards; (2) Advertiser holds the necessary rights to permit the use of the Promotional Displays by BowlingFans.com for the purposes of this Agreement; (3) the use, reproduction, distribution, or transmission of the Promotional Displays will not violate any civil or criminal laws, rules or regulations or any rights of any third parties including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity; (4) neither the Promotional Displays nor the Advertiser's Web Content shall advertise or enable the sale of alcohol, tobacco or tobacco products to persons under 21 or otherwise be harmful to minors, obscene or child pornographic; and (5) Advertiser Web Content complies with all laws, rules and regulations of the state, territory or country or territory in which the Advertiser is located. Advertiser agrees to indemnify BowlingFans.com and to hold BowlingFans.com harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by BowlingFans.com, arising out of or related to the Promotional Displays, the Advertising Web Content or Advertiser's breach of any of the foregoing representations and warranties. BowlingFans.com does not undertake to review Promotional Displays for accuracy or the possibility that Promotional Displays may create liability to third parties.
BowlingFans.com reserves the right to reject any advertising and/or promotions that are not consistent with BowlingFans.com's standards. In addition, BowlingFans.com shall have the right, at any time, to remove any of Advertiser's advertising and/or terminate this Agreement if BowlingFans.com determines, in its sole discretion, that the Promotional Displays, Advertiser Web Content or any portion or such display thereof (1) violate BowlingFans.com's then applicable advertising policy; (2) violate any law, rule or regulation or if BowlingFans.com is directed to do so by any law enforcement agency, court or government agency; (3) are the subject of a claim asserted by an entity to trademarks, trade names, service marks or other proprietary rights; (4) are associated in any way with "malware", including but not limited to, dialers, spyware, viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (5) the Promotional Displays might create liability for BowlingFans.com or degrade the user experience, .or (6) are otherwise objectionable to BowlingFans.com. In such event, BowlingFans.com may at its sole discretion (i) display other Promotional Displays or Advertising Web Content as mutually agreed upon by the parties or (ii) refund to Advertiser a pro rata portion of the fee which Advertiser has paid to BowlingFans.com for display of the Promotional Displays (if Advertiser has paid BowlingFans.com a flat fee). BowlingFans.com may terminate this Agreement at any time in the event of material breach of this Agreement by Advertiser.
Advertiser shall use all reasonable efforts to honor all valid Promotional Displays, and Advertiser shall address all disputes and complaints that arise with respect to Promotional Displays (or their redemption) in a professional, courteous and timely manner.
If performance hereunder (other than payment) is interfered with by any condition beyond a party's reasonable control, the affected party shall be excused from performance to the extent of such condition. BowlingFans.com and Advertiser are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by the Agreement. This Agreement sets forth the entire agreement between Advertiser and BowlingFans.com, and supersedes any and all prior agreements (whether written or oral) of BowlingFans.com and Advertiser with respect to the subject matter set forth herein; provided, however, that all pricing will be governed by BowlingFans.com's then-current Rate Card, whether in print or electronic form. This Agreement may only be modified, or any rights under it waived, by a written document executed by authorized representatives of both parties. This Agreement shall be interpreted, construed and enforced in all respects in accordance with laws of the State of Vermont, without regard to the actual state or country of incorporation or residence of Advertiser. Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Vermont and the federal courts situated in the State of Vermont in connection with any action arising under this Agreement. Advertiser may not assign this Agreement, in whole or in part.
Any notices hereunder shall be in writing and delivered to the address specified above or such other address as specified in writing. Notice shall be deemed given: upon personal delivery; if sent by fax, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, 5 days after the date of mailing. Advertiser may not assign its rights or delegate its duties without BowlingFans.com's prior written consent, and any such attempted assignment shall be void and of no effect. The waiver of a breach hereunder does not waive any other or subsequent breach. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.