Advertising on The Raving Toy Maniac - Terms and Disclaimer
1. Terms published herein are effective as of December 3, 1999, and are subject to change without notice.
2. The Raving Toy Maniac is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency.
3. All advertisements are accepted and made available by The Raving Toy Maniac upon representation by the agency and advertiser that they are authorized to make available on The Raving Toy Maniac the entire contents and subject matter thereof and that such advertisement will not violate any law or infringe upon any right of any party. In consideration of the placement of advertisements on The Raving Toy Maniac, the advertiser and agency, will jointly and severally, indemnify and save The Raving Toy Maniac and all parents, affiliates and subsidiaries of The Raving Toy Maniac harmless from and against any and all losses and expenses arising out of the appearance of such advertisements on The Raving Toy Maniac, or on the advertiser's site on the Web as linked through The Raving Toy Maniac, including without limitation, those arising from claims for suits for defamation, copyright or trademark infringement, misappropriation, obscenity, indecency, violation of statutory, common law or contractual rights including, without limitation, the rights of any guild or union or rights of privacy or publicity or from any and all similar claims now known or here after devised. It is understood that the advertiser and the agency are jointly and severally liable for payment of invoices for advertising made available on The Raving Toy Maniac hereunder. In consideration of reviewing for acceptance, or acceptance of, any linkage to the advertiser's site on the Web, the agency and advertiser agree not to make promotional or merchandising reference to The Raving Toy Maniac in any way except with the prior permission of The Raving Toy Maniac in each instance.
4. The Raving Toy Maniac shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the advertising due to systems failure, technological failure of The Raving Toy Maniac or the Web, or any other cause outside our control. The Raving Toy Maniac will not be responsible for harm due to unauthorized use of your advertisements as presented on the service by third parties, including without limitation, unauthorized reproduction and tampering by network "hackers."
5. No conditions, printed or otherwise, appearing on contracts, insertion orders or instructions which conflict with the provisions of the rate card will be binding on The Raving Toy Maniac. Except as otherwise specifically agreed by The Raving Toy Maniac and advertiser, all advertising positioning/placement clauses or conditions will be treated as requests only and cannot be guaranteed.
6. Orders for advertising shall be non-cancelable after 30 days prior to the first date on which it is scheduled to appear within The Raving Toy Maniac and through the advertising period agreed to pursuant to the insertion order.
7. Unless otherwise agreed by The Raving Toy Maniac and the advertiser, The Raving Toy Maniac shall have the right to insert the advertising in various areas of the The Raving Toy Maniac service from time to time at its discretion.
8. The Raving Toy Maniac reserves the right to reject or cancel any advertising and/or linkage to an advertiser's site on the Web for any reason at any time, including without limitation as a result of linkages to other sites on the Web included in the advertiser's site. Prorated refunds will be given at the discretion of the Raving Toy Maniac and will not exceed one-half of the original advertising fee.
9. Unless otherwise specifically agreed by The Raving Toy Maniac and the advertiser, no cash discounts volume discounts or other discounted rates will be available.
10. Unless otherwise specifically agreed by The Raving Toy Maniac and the advertiser, all fees for advertising or related services must be paid in full before insertion.
11. For banner advertising purchased by number of impressions, no minimum time period for an advertising contract is guaranteed hereunder unless specifically agreed by The Raving Toy Maniac and the advertiser. Many factors influence the frequency that any given banner is displayed. Increases or decreases in traffic to the Raving Toy Maniac web site may affect the length of advertising contracts. For banner advertising purchased by fixed time intervals, no minimum number of banner impressions is guaranteed.
12. The Raving Toy Maniac reserves the right to refuse any advertisement for any reason. No advertisements containing profanity, nudity, or otherwise objectionable material will be accepted. Likewise, advertisments representing sites that contain pornography or other adult material will not be accepted.
13. The agreement between The Raving Toy Maniac and the advertiser shall be governed by the laws of the United States of America and the State of Illinois applicable to contracts executed and performed entirely in the State of Illinois.
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