Advertising Terms & Conditions
GlobalGreyhounds, LTD.
Terms & Conditions
DEFINITIONS
"GlobalGreyhounds"
- means GlobalGreyhounds,LTD., a Irish Corporation located at Ardrine
Newcastlewest Co Limerick IRELAND.
"Publisher"
- means a third party owner of a web site, product, and/or service.
"Web Site"
- means an HTML document containing a set of information available via the
Internet.
- Prohibited Content. GlobalGreyhounds reserves the absolute
right to refuse to advertise for any Publisher based on GlobalGreyhound's
Corporate Policies. By way of example, Web Sites that contain or promote
content (including direct links to content) that may be considered
inconsistent with GlobalGreyhound's Corporate Policies include:
- Indecent or Pornographic Material
- Software Pirating or any site that violates third party
intellectual property rights (e.g. Warez)
- Hacking / Phreaking or any other site invading the rights
of computer users
- Any illegal activity
- Any subject matter inconsistent with GlobalGreyhound's
Corporate Policies as determined in its sole discretion
- Free hosting websites
- Web Sites that provide incentives, of any kind, for
visitors to click on Web Sites that otherwise remit payment for the use of
Publisher's services
To insure compliance with these terms and
conditions, any Publisher that materially changes their Web Site content to
attract a different target audience after approval for membership MUST
notify GlobalGreyhounds of the changes in writing IMMEDIATELY.
We prefer you notify us ahead of time of any such changes in content or
design. Notices should be sent to
management@globalgreyhounds.com
- Term; Termination. These terms and conditions, as and if
amended, shall apply to Publisher for as long as Publisher is an active
advertiser on GlobalGreyhounds. GlobalGreyhounds reserves the right to
terminate this Agreement at anytime, for any reason whatsoever, upon written
notice to Publisher. Notice may be provided via e-mail or any other public
means and will be effective immediately.
- Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 6
BELOW WITH RESPECT TO INDEMNIFICATION, UNDER NO CIRCUMSTANCES SHALL EITHER
PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED
HEREIN. PUBLISHER AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST GLOBALGREYHOUNDS FOR ANY MATTER
WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. NO
ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST GLOBALGREYHOUNDS MORE THAN
ONE YEAR AFTER THE DATE OF SERVICE UNDER THIS AGREEMENT.
- Indemnification. Publisher is solely responsible for any
legal liability arising out of or relating to (i) the content and other
material set forth on the Publisher Web Site and/or (ii) any content or
material to which visitors can link through the Publisher's Web Sites.
Publisher hereby agrees to indemnify, defend and hold harmless
GlobalGreyhounds and its officers, directors, agents, affiliates and employees
from and against all claims, actions, liabilities, losses, expenses, damages,
and costs (including, without limitation, reasonable attorneys' fees) that may
at any time be incurred by any of them by reason of any claims, suits or
proceedings (a) for libel, defamation, violation of right of privacy or
publicity, copyright infringement, trademark infringement or other
infringement of any third party right, fraud, false advertising,
misrepresentation, product liability or violation of any law, statute,
ordinance, rule or regulation throughout the world in connection with the
Publisher Web Sites; (b) arising out of any material breach by Publisher of
any duty, representation or warranty under any agreement with
GlobalGreyhounds; or (c) relating to a contaminated file, virus, worm, or
Trojan horse originating from the Publisher Web Sites.
- Applicability. These terms and conditions, as and if
amended, shall, along with the provisions of any Insertion Order entered into
between the parties, constitute the entire and only Agreement between the
parties regarding Publisher's advertising campaign on GlobalGreyhounds
website, and shall supercede all previous communications, representations or
Agreements, whether written or oral between the parties.
- Representations and Warranties. Publisher represents and
warrants that all content, products, and services on its Web Site are legal to
distribute and that it owns or has the legal right to use any and all
copyrighted material.
- Remedy. GlobalGreyhounds reserves the right to remove
banners and take appropriate legal action to cover its damages against any
Publisher that violates these terms or breaches the representations and
warranties set forth in this Agreement, or commits fraudulent activity against
GlobalGreyhounds.
- Counting. GlobalGreyhounds shall have the sole
responsibility for calculation of statistics, including Impressions and
click-through numbers. Greenwich Mean Time (GMT) shall be the time period for
traffic and tracking purposes.
- Publicity. GlobalGreyhounds shall have the right to
reference and refer to its work for, and relationship with, Publisher for
marketing and promotional purposes. No press releases or general public
announcements shall be made without the mutual consent of GlobalGreyhounds and
Publisher.
- Modifications. GlobalGreyhounds reserves the right to
change any conditions of this contract at any time. Publishers are responsible
for complying with any changes to the GlobalGreyhounds Terms and Conditions
within 10 business days from the date of change.
- Warranties. GLOBALGREYHOUNDS MAKES NO WARRANTIES
(INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES,
STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED,
ORAL, WRITTEN OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL ORDERS
ARE CONTINGENT UPON GLOBALGREYHOUND'S ABILITY TO PROCURE NECESSARY ON-LINE
ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY
OTHER CIRCUMSTANCES BEYOND ITS CONTROL. GLOBALGREYHOUNDS WILL MAKE EVERY
EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND
ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
- Governing Law. The relationship between GlobalGreyhounds
and Publisher will be governed by, and construed in accordance with, the laws
of the Republic of Ireland without regard to its laws or regulations relating
to conflicts of laws. Publisher hereby irrevocably consents to the exclusive
jurisdiction the federal courts situated in the Republic of Ireland in
connection with any action arising between the parties.
- Severability and Waiver. If any provision of this agreement
shall be held or made invalid or unenforceable by a court decision, statute,
rule or otherwise, the remaining provisions of this agreement shall not be
affected thereby and shall continue in full force and effect. Any waiver
(express or implied) or delay by GlobalGreyhounds of any default or breach of
this agreement shall not constitute a waiver of any other or subsequent
default or breach.
- Privacy. Publisher shall support GlobalGreyhounds's
commitment to protect the privacy of the web surfer community; such commitment
is set forth in GlobalGreyhound's
Privacy
Statement, which is hereby incorporated into these terms and conditions.
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