|
MATERIAL
SPECIFICATIONS:
Specifications
for the material elements that must be included
in any banner are listed in the current
"Advertisement Specifications & Submissions
Instructions."
ORDERS
FOR ADVERTISEMENTS:
All orders or other requests for advertising,
whether from an advertiser ("Advertiser"),
or as applicable from an advertising agency
or agent on Advertiser’s behalf ("Agency"),
are governed by these standard terms and
conditions. No other conditions, provisions,
or terms of any sort appearing in any writings
or other communications made in connection
with such orders, including without limitation
those contained on or accompanying checks
or other forms of payment, shall be binding
on Boulder Internet Guide, whether in conflict
with or in addition to these standard terms
and conditions. Orders which quote rates
which very from the rates listed in Boulder
Internet Guide then-current rate card shall
not be binding on Boulder Internet Guide,
and shall be deemed requests for advertising
at then-current rates. Orders are binding
on Advertiser and Agency and not subject
to cancellation, except as provided below
under Cancellation.
ACCEPTANCE: Boulder Internet
Guide offer to publish advertisements for
Advertiser or Agency is made on these standard
terms and conditions only, and the placement
or other communication of an order for advertising
with Boulder Internet Guide shall constitute
Advertiser’s and Agency’s unconditional
acceptance of these standard terms and conditions;
no acceptance shall be effective until it
is received by Boulder Internet Guide in
Boulder Colorado. Boulder Internet Guide
reserves the right not to publish any advertising
at any time in its sole discretion. Failure
by Boulder Internet Guide to publish any
requested advertisement does not constitute
a breach of contract or otherwise entitle
Advertiser or Agent to any legal remedy.
CANCELLATION:
Advertiser
or Agency may cancel any advertisement ordered
at any time on (30) days’ written
notice to BOULDER INTERNET GUIDE 3350
Broadway st Boulder CO 80304.
parties agree that the stated time limit
shall be thirty (30) days.) or you my
use our
contact form to submit your
cancellation In the event
of such cancellation, all discounts for
volume and length of purchase (i.e. the
discounts identified as "Other Discounts"
in the Insertion Order) previously granted
shall be rescinded, the price applicable
to any delivered ad shall be adjusted
to the full rate card price, and Advertiser
and/or Agency shall pay to BOULDER INTERNET
GUIDE, within thirty (30) days after the
advertisement is terminated, all amounts
not yet paid (as determined in accordance
with the higher price calculation) for such
ad delivered. BOULDER INTERNET
GUIDE may cancel any advertisement at any
time, with or without cause, upon notice
to Advertiser and/or Agency. IN THE EVENT
OF SUCH CANCELLATION, ADVERTISER’S AND AGENCY’S
SOLE REMEDY WILL BE A REFUND OF ANY PRE-PAID
FEES IN EXCESS OF THE FEES OWED TO BOULDER
INTERNET GUIDE FOR THE IMPRESSIONS DELIVERED
PRIOR TO CANCELLATION AND WITHIN THIRTY
(30) DAYS AFTER BOULDER INTERNET GUIDE’S
NOTICE OF TERMINATION. IN THE EVENT THAT
IMPRESSIONS ARE NOT THE RELEVANT STANDARD
HEREIN, ADVERTISER’S AND AGENCY’S SOLE REMEDY
WILL BE A PRO-RATED REFUND FOR THE PERIOD
OF TIME BEYOND THIRTY (30) DAYS AFTER CANCELLATION.
THIS RELEASE OF ADVERTISER’S AND/OR AGENCY’S
COMMITMENT IS ADVERTISER’S AND AGENCY’S
SOLE REMEDY AND NEITHER BOULDER INTERNET
GUIDE, BOULDER INTERNET GUIDE NETWORKS ("B.I.G"),
B.I.G INTERACTIVE NEWS, ("B.I.G") NOR ANY
OF THEIR AFFILIATES WILL HAVE ANY OTHER
LIABILITY OF ANY NATURE TO ADVERTISER OR
AGENCY.
RESPONSIBILITY
FOR ADVERTISEMENTS:
Advertiser and Agency represent and warrant
to Boulder Internet Guide that each are
fully authorized to publish the entire contents
and subject matter of all requested advertisements
(including, without limitation, all text,
graphics, URLs, and sites to which URLs
are linked), and that all such materials
will comply with all applicable laws and
regulations. In consideration of the publication
of advertisements, Advertiser and Agency
jointly and severally agree unconditionally
to indemnify and hold harmless Boulder Internet
Guide and its affiliates, and their respective
officers, agents and employees, from and
against any and all loss, liability and
expense (including reasonable attorneys'
fees) suffered or incurred by reason of
any claims proceedings or suits based on
or arising out the contents or subject matter
of such advertisements, including without
limitation claims for defamation, violation
of rights of publicity and/or privacy, copyright
infringement, and trademark infringement.
POSITIONING:
Except as otherwise specified by Boulder
Internet Guide herein, all order provisions
regarding positioning of advertisements
shall be treated as requests, which requests
shall be fulfilled at Boulder Internet Guide's
sole discretion.
STYLE: Advertisements that simulate Boulder
Internet Guide Guide’s, B.I.G’, B.I.G classifieds or their affiliates’ editorial matter
in appearance or style, or that are not
readily identifiable as advertisements,
are not acceptable. Boulder Internet
Guide may in its sole discretion label any advertisement as an "advertisement"
for clarification.
LINKS
TO INTERNET SITES:
Advertiser and Agent each warrant and represent
to BOULDER INTERNET GUIDE that each Internet
site identified by URLs in advertisements:
(i) is controlled by Advertiser and operated
by Advertiser and/or its independent contractors,
(ii) will be functional and accessible at
all times, and (iii) is in compliance with
all applicable laws and regulations, and
suitable in all respects to be linked to
from the applicable site containing the
advertisement. BOULDER INTERNET GUIDE may
test Advertiser’s URLs, and in Boulder Internet
Guide's sole discretion may remove any URLs
at any time that fail to comply with the
above requirements.
COMMITMENT;
PAYMENT TERMS:
By submitting an order for advertising to
BOULDER INTERNET GUIDE, Advertiser and Agency
agree to be jointly and severally liable
for the cost of such order. Advertiser and/or
Agency will pay BOULDER INTERNET GUIDE the
Total Fee due hereunder in equal payments
allocated over the number of months the
advertisement is to run. Each payment is
due by each monthly anniversary of the date
on which the first impression is delivered.
All unpaid advertising fees shall accrue
interest at the rate of 1½% per month until
paid, or the legal maximum, whichever is
less. In addition to all other available
rights and remedies, BOULDER INTERNET GUIDE
may cancel and remove any advertisement,
which is not paid for on a timely basis.
With respect to advertising to be placed
within boulderinternetguide.com or any other
B.I.G Interactive Media Division properties,
BOULDER INTERNET GUIDE shall remit any of
the funds it collects hereunder on Boulder
Internet Guides behalf to B.I.G Classifieds,
respectively.
COUNTS;
THIRD PARTY SERVINGS:
BOULDER INTERNET
GUIDE counts ads delivered based on ad request/insertion,
and BOULDER INTERNET GUIDE will issue any
tracking reports on that basis. BOULDER
INTERNET GUIDE reserves the right to refuse
advertising buys from third parties that
require ads to be served from that third
party’s servers.
NO REPRESENTATIONS
OR WARRANTIES; NO DAMAGES:
ALL services provided to advertiser and/or
agency that are the subject of these terms
B.I.G and conditions are provided without
warranties of any nature, and each of Boulder
Internet Guide, B.I.G, B.I.G Classifieds
and their affiliates disclaim all warranties,
EXPRESS OR IMPLIED, including without limitation
any implied warranties of merchantability
and fitness for a particular purpose. IN
NO EVENT SHALL EITHER BOULDER INTERNET GUIDE,
B.I.G, B.I.G Classifieds OR ANY OF THEIR
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION,
AND THE LIKE, EVEN IF BOULDER INTERNET GUIDE,
B.I.G, B.I.G OR ANY AFFILIATE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL BOULDER INTERNET GUIDE, B.I.G,
B.I.G Classifieds OR ANY OF THEIR AFFILIATES
BE LIABLE TO ADVERTISER AND/OR AGENCY FOR
AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR
AMOUNT ACTUALLY RECEIVED BY BOULDER INTERNET
GUIDE FROM ADVERTISER AND/OR AGENCY FOR
THE ADVERTISEMENT(S) AT ISSUE.
NO USE
OF BOULDER INTERNET GUIDE’S,’ OR B.I.G’S
NAME:
In consideration of Boulder Internet Guide
review for acceptance of any advertising
for publication, both the Advertiser and
Agency each agree not to make promotional
or merchandising reference to Boulder Internet
Guide, B.I.G or any of their affiliates
in any way except with the express written
permission of the applicable party for each
such use.
GENERAL
PROVISIONS:
These terms and conditions are governed
by the laws of the State of Colorado, USA.
Advertiser and Agency consent to the exclusive
jurisdiction and venue of courts in Boulder
County, Colorado for all disputes arising
out of or relating to the subject matter
hereof. The prevailing party in any dispute
concerning the subject matter hereof shall
be entitled to recover its reasonable attorneys'
fees and costs. The parties agree that this
Agreement is deemed to have been made in
the State of Colorado, USA. No joint venture,
partnership, employment, or agency relationship
exists between Advertiser and/or Agency
and Boulder Internet Guide. Boulder Internet
Guide shall not be deemed to have waived
or modified any of these terms and conditions
except by writing signed by its duly authorized
representative. Neither Advertiser not Agency
may assign its rights hereunder to any third
party unless Boulder Internet Guide expressly
consents to such assignment in writing.
In the event that any provision of these
standard terms and conditions is found invalid
or unenforceable pursuant to judicial decree
or decision, the remaining provisions shall
remain valid and enforceable, and the unenforceable
provisions shall be deemed modified to the
extent necessary to make them enforceable.
Unless specifically stated otherwise, the
applicable territory for the advertising
shall be the United States only. Boulder
Internet Guide may send electronic mail
to Advertiser and/or Agency for any notices
or notifications. All notices to Boulder
Internet Guide relating to any legal claims
or matters must be made in writing to The
Boulder Internet Guide Network., Boulder
Internet Guide, Boulder, co 80304, with
a copy to Boulder Internet Guide Networks
— attn., Law Affairs, Boulder Internet Guide,3350
Broadway st Boulder, co 80304.
|
