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Terms & Conditions
These Standard Terms and Conditions (the "Standard Terms") must be accepted and agreed to in order for an advertiser ("Customer") to purchase advertising space on The Ring of Wedding Gifts. 1. RIGHT TO REJECT ADVERTISEMENTS OR SITES. The Ring of Wedding Gifts ("The Ring") reserves the right, in its sole discretion, to refuse to provide advertising services to any web site, to reject any URL link, or to disallow a site from becoming a Member. Without limiting the foregoing, the following advertisements are prohibited from participating in the The Ring network: Any advertisement or site that would violate any applicable law, regulation or third party right; sites containing pornographic material, sites with links to pornographic sites; sites containing adult material, links to adult material, or nudity; sites encouraging illegal activity or racism, sites providing instructions or discussions about illegal activities; sites that promote or utilize software or services designed to deliver unsolicited e-mail; sites with products or advertisements that are offensive or inappropriate; or any advertising that The Ring determines has resulted or could result in legal liability or adverse publicity to The Ring as a result of such advertising being offensive, inaccurate, defamatory, libelous or slanderous or involving potential infringement of third party's intellectual property rights. 2. LOCATION OF BANNER. Unless otherwise agreed to in writing by The Ring, the placement and location of any banner advertisement shall be within The Ring's sole discretion. The Ring makes no guarantee as to the location or placement within the web page of the advertiser's banner. As a general rule, we place the banner ads in the following order of acceptance; a)Immediately above our logo, b)immediately below our logo, c)In the Visit Out Sponsors section. 3. REPORTING. Customer will be provided with all information collected by The Ring about the advertisement to the extent information is generally made available online to Members. 4. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that Insertion Order, when executed and delivered by such party, will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Each party acknowledges that the other party makes no representations, warranties or agreements (written or oral) related to the subject matter except as expressly provided for in the Insertion Order and these Standard Terms. Customer represents and warrants that Customer has the right to publish the contents of the advertisement, without infringement of any rights of any third party. 5. LIMITATION OF LIABILITY. The parties agree that: (i) The Ring exercises no control and has no responsibility whatsoever over the content or quality of any advertising materials or any Member web sites, (ii) use of The Ring's services is at Customer's own risk, and (iii) this is not a contract for the sale of goods and, therefore, is not subject to the Uniform Commercial Code. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" The Ring of Wedding Gifts DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Ring shall not be liable for any advertisers whose banners appear on the The Ring network, nor the contents of any banner, nor shall The Ring be liable for any loss, cost, damage, or expense (including attorney's fees) incurred by Customer in connection with Customer's participation in the The Ring network. The Ring makes no guarantees with respect to the services rendered under the Insertion Order and hereunder, and neither The Ring nor any of its officers, directors, agents, Members or Customers shall have any liability as a result of The Ring's performance under the Insertion Order and hereunder, including, without limitation, Internet disruption, interrupted service, errors or delays in providing the service, levels of use or impressions, loss of data, failure to provide requested subject categories, failure to meet Member or advertiser's requirements or other injury, damage, or disruption to Customer or Customer's web site. Without limiting the foregoing, The Ring's entire liability under, for breach of, arising under, or related to the Insertion Order and hereunder or the services to be provided hereunder or thereunder (whether in tort, contract or any other theory), and Customer's sole remedy, is for The Ring, if possible, to either provide the advertising services or refund any amounts paid by Customer under the Insertion Order. In no event shall either party be liable for indirect, exemplary, special, incidental or consequential damages, or costs, including but not limited to, any lost profits or revenues, loss of use or goodwill, or any third party claims, even if such party has been advised of the possibility of such damages. 6. INDEMNIFICATION. Customer, at its own expense, shall indemnify, defend and hold The Ring and its officers, directors, employees, agents, distributors and licensees harmless from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, suit, action or proceeding collectively, a "Claim") to the extent the basis of such Claim relates to a breach by Customer under the Insertion Order or these Standard Terms or in connection with claims arising out of publication of any content or information in the Customer's advertisement (including, without limitation, any claim of trademark or copyright infringement, libel, defamation or breach of confidentiality) or web site or any product or service of Customer or any breach of a third party contract. 7. DEFAULT BY CUSTOMER. The Ring shall not be obligated to provide any advertising services to Customer following any failure by Customer to pay any amounts due hereunder or any default by Customer hereunder; provided, however, the termination of The Ring's obligation to provide such services shall not relieve Customer from its liability to pay any fees that have accrued with respect to Impressions already delivered by The Ring. 8. MISCELLANEOUS. (a) Entire Agreement. These Standard Terms and the Insertion Order sets forth the entire understanding between the parties and supersedes prior agreements and representations between the parties, whether written or oral, regarding the subject matter contained herein. All Customers shall be subject to the then current The Ring Standard Terms, which Standard Terms may be revised by The Ring at any time. (b) Assignment. A Customer may not assign or otherwise transfer, whether voluntarily or by operator of law, any rights or obligations under these Standard Terms and the Insertion Order, without the prior written consent of The Ring. (c) Governing Law; Attorney's Fees; Jury Trial. These Standard Terms and the Insertion Order shall be construed and interpreted according to the laws of the State of California and all disputes arising under these terms shall be heard exclusively in the state courts of California in the county of Los Angeles or in the federal courts of the Southern District of California. Each party hereby consents to the jurisdiction of such courts. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of the Insertion Order or these Standard Terms, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES ANY RIGHT TO TRIAL BY JURY THAT THE PARTIES MAY HAVE IN ANY ACTION OR PROCEEDING IN CONNECTION WITH SUBJECT MATTER CONTAINED HEREIN. (d) Waiver/Severability. The waiver by either party of a breach or right under these Standard Terms and the Insertion Order, will not constitute a waiver of any other or subsequent breach or right. If any provision of these Standard Terms or the Insertion Order is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Standard Terms and Conditions and the Insertion Order, which will remain in full force and effect. (e) Delivery of Ads. The Ring will make good faith efforts to begin the impressions on the start date set forth in the Insertion Order. However, Sponsor understands that by the nature of online advertising, the advertising campaign's exact start and end dates and the rate of impressions delivered may vary due to fluctuations in daily traffic.<P> (f) Force Majeure. The Ring shall not be in default or otherwise liable for any delay in or failure of its performance under these Standard Terms or the Insertion Order where such delay or failure of its performance hereunder arises by reason of any Act of God, or any government or any governmental body, acts of war, the elements, strikes or labor disputes, or other cause beyond the control of The Ring. (g) Refund. Any amount paid is not refundable. The Ring will only provide a refund in the event The Ring does not advertise your banner ad for any reason. Due to our stringent refund policy, we strongly advise that any advertiser purchasing banner ads for the first time to buy a smaller amount for testing purposes. (h) Construction. No obligations other than those expressly set forth in these Standard Terms or the Insertion Order shall be binding on The Ring. In the event of any inconsistency between the Insertion Order and these Standard Terms, these Standard Terms shall control.
The Ring does not advertise sites containing
adult material or other inappropriate content.
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