Synopsis: PVDN makes no warranties, guarantees, or promises about how well the client’s advertising will perform. All advertising is final and non-refundable. The client must own the right of any content (images or text) provided for their advertisement, or have permission to use creatives by the rights holder. We won’t accept any advertisement that we deem offensive or illegal. We won’t advertise tobacco, alcohol, adult sites, or gambling. Payments are processed via PayPal or through credit card processing. This complete agreement includes banner advertising, text advertising, newsletter advertising, and sponsored posts.
PVDN (the Owner) agrees to publish the Advertisement on the Website (vallartadaily.com), or through the PVDN Newsletter, depending on the advertisement purchased, for the exact period of days shown on the receipt of payment or invoice provided to the client. If the Client (you) desires to remove the Advertisement from the Website or Newsletter prior to the end of this period, the Client must make a request to the Owner in writing by email. No refund will be made for such early withdrawal of Advertisement.
The Client shall pay the Owner for publication of the Advertisement on the Website or Newsletter, the sum agreed upon and shown on the Client invoice or receipt. All fees and payments are due and payable via PayPal or credit card before Advertisement is published.
Client shall deliver the Advertisements to Owner digitally via email at least five (5) business days before the scheduled start date. Client shall be solely responsible for providing the Advertisement in the format required for display. Client acknowledges that Owner will not be responsible or liable for the quality of any portion of the Advertisement that does not meet the established mechanical criteria. If at any time Client desires to modify its content, it shall provide a written request to Owner specifying in detail the modification desired. Owner shall, within a reasonable time, effectuate the modifications to the content.
Client shall be fully responsible and liable for the content contained in the Advertisement. The Owner is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents.
Advertisements shall not contain:
(i) any content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content;
(ii) any content which is explicative or inappropriate language;
(iii) content promoting illegal activity, racism, hate, “spam”, mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law;
(iv) content that is libelous, defamatory, contrary to public policy, or otherwise unlawful or any other content deemed inappropriate by the Owner in its sole discretion.
Use of any such inappropriate content by the Client will result in the suspension, termination, and removal of the Advertisement or any other action deemed necessary by the Owner in its sole discretion.
The Owner reserves the right to review and approve the suitability of the Advertisement submitted. Website Owner may reject or cancel any Advertisement for any reason which it believes in good faith to be detrimental. If the Owner so rejects Client’s Advertisement or terminates its display, then this Agreement shall be terminated, and Website Owner will return any paid advertising fees to Client.
Client grants the Owner a limited, non-transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit the Client’s Advertisement (including any tradenames, trademarks and service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, the Owner will remove the Client’s Advertisement, destroy all copies of it and cease further display of the Advertisement.
Nothing in this Agreement grants Client any right to use the name, trademark, or service mark of PVDN in any advertisement, sales promotion, or press release without Owner’s prior written approval.
Client acknowledges that the contents of the Owner Website, including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by Owner, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of Owner.
Client retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Advertisement, Client’s trade names, trademarks, and service marks therein.
Client (YOU) warrants to Owner (PVDN) that:
(i) Client has the right and authority to enter into and perform its obligations under this Agreement;
(ii) the Advertisement shall conform to the description and specifications set forth by Owner;
(iii) the Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
(iv) the Advertisement does not and shall not contain or be alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person’s trade secret, name, likeness or identity;
(v) the Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy ware or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Owner or the users of the
Website; and
The services and site are provided ‘as is’ without warranty of any kind, express or implied and any use of the services or Website is at Client’s sole risk. Owner does not warrant that the services or Website will be uninterrupted or error-free, nor does Owner (PVDN) make any warranty as to the performance or any results that may be obtained by Client’s (Your) Advertisment. Owner makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, concerning the subject matter of this agreement.
Owner shall provide the Services as an independent contractor and Owner shall not act as an employee, agent, or broker of the Client. As an independent contractor, Owner will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. Owner understands that Client will not withhold any amounts for payment of any taxes from Owner’s compensation.
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