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Agreement For Internet Advertising Services and Authorization For Credit Card Charges This AGREEMENT is a contract between you the ADVERTISER and our business, the seller. By electing to participate in this offer, you are entering into a contract. If you do not agree with the terms and conditions SET FORTH HEREIN, you have the option to not participate in this offer. YOU, THE ADVERTISER, BY CREATING ACCOUNT, AUTHORIZE THE SELLER TO CHARGE YOUR PAYPAL ACCOUNT OR CREDIT CARD FOR YOUR ADVERTISING ORDER AND ACKNOWLEDGE YOUR UNDERSTANDING & AGREEMENT THAT NO REFUNDS ARE GIVEN FOR ADVERTISING ORDERS. This Agreement For Internet Advertising Services (“Agreement”) is intended to set forth the general terms and conditions pursuant to which our company, PaidPost Inc., the Seller and “Advertising Service Provider (hereinafter referred to as “Company“) agrees to provide certain advertising services relative to the Internet Site of Advertiser, (hereinafter referred to as the “Advertiser”), for Advertiser’s Internet Site named below. Advertising Services are subject to the terms and conditions set forth herein. By creating account, you agree to accept the terms of this Agreement. Terms of Service: 1. We represent to you that we own and operate an Internet Site located at Appvert.com (the “Advertising Site”) where our Company provides a service that allows you to advertise and promote your company, Web site, products and services through our network of social networking website applications. 2. You represent to us that you own and operate the Internet Site named below and that the subject matter of the content of the Advertised Web site doesn’t contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depict sexual situations, promote discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or contain any material that violates any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party. Additionally, Company reserves the right to cancel your order, and provide a refund, if your web site contains images or content that is not acceptable to Company or is inconsistent with the image that Company wishes to create in association with Company web site. 3. You, the Advertiser purchases advertising credits (points). The current price per point is one U.S. dollar. The purchased points can only be used toward advertising and are not refundable once purchased. Points, once purchased, have no cash value. 4. Advertiser’s account will reflect the points purchased in two categories. One category is the advertiser’s Account Balance and the other category is the advertiser’s Available Spending Balance. Once an advertisement is in progress, the portion of the Account Balance that will be used to pay for the advertisement campaign in progress, is locked, to ensure that adequate monies are available to pay for the advertising, when it is completed. 5. Once locked, the points, although reflected in the Account Balance until paid, are not shown as available in the Available Spending Balance. 6. We have the right and option to approve or not approve, in our absolute discretion, the content of any advertising material that you submit to us if we find that it does not meet our Uniform Advertising Specification, if it is objectionable to us in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in our sole discretion. If we reject any adverting material that you submit to us, we will notify you. Even after we accept your advertising, we have the right to remove it if it does not function correctly or for any of the reasons described above. Our placing the advertising on our site or on our network of blogging sites does not signify our approval or waiver of the right to object to it in the future. 7. We have the right to terminate this Agreement if we remove or fail to approve any materials that you submit to us in which case any prepaid advertising fee shall be returned to you. You will not have any damages or other remedies, in law or in equity against us for failing to place or removing any advertising except for the return of any unused prepaid advertising fees. 8. Our Social Network Application developers agree to keep advertiser’s ad on their Social Network Applications. 9. We do not guarantee any given amount of Impressions to Advertiser’s Web site as a result of our advertising services unless a separate Impression Guarantee Addendum has been executed by both parties hereto. 10. You, Advertiser will use your reasonable efforts to make your Advertised Site available for display through the World Wide Web, twenty four hours per day, seven days per week. Company is not responsible for, and makes no allowances for, Advertiser’s periodic downtime for maintenance, backup, acts of God, power outages, and other circumstances beyond our control or which are a normal part of the Internet business. 11. Company makes no warranties that the advertising contained on our network will be free from errors or defects or that the use of the hypertext link or access to your site will be uninterrupted. WE SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 12. We reserve for our own discretion all decisions and matters concerning placement of Advertisr’s advertisement on our network. 13. In consideration of our advertising services, Advertiser agrees to pay the advertising fees set forth in Advertiser’s order. Advertiser will also pay any sales and other taxes based upon the fees set forth therein. Advertising fees will be paid in advance, at the time of placing the Advertising order. Advertiser will be responsible for all collection costs and attorney fees if it is necessary for Company to pursue collection efforts to collect on an Advertiser’s account, including but not limited to, whether said Advertiser’s advertising fee is denied, disputed or charged back. 14. Company reserves the right to suspend advertising services until Advertiser’s account is brought current as well as the right to terminate this Agreement if any advertising fee is denied, disputed or charged back. 15. Company and its network will each retain all proprietary rights in and to our respective web applications and web sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. We do not grant the Advertiser any rights in and to such proprietary material except that Advertiser hereby grants us a non-exclusive license to use the advertising material that Advertiser provides us, including Advertiser’s trademarks and copyrights, and the right to hyperlink to Advertiser’s site from the Company site and network, during the term of this Agreement. Upon termination of this Agreement, we agree to remove the hyperlink and the advertising materials that you provided us from our Web Site and network, within a reasonable time. 16. Advertiser represents and warrants to Company that the advertising on Advertiser’s Web site is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. Advertiser also warrants and represents that Advertiser has the unrestricted and exclusive right to use all such materials on Advertiser’s Web site. 17. Advertiser will indemnify and hold Company and Company’s network of web sites and social networking web applications, harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that you have made to Company and otherwise arising directly or indirectly from the placement of Advertiser’s advertising materials on Company Web Sites and Company’s network of web sites and social networking web applications 18. Company will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond our control. 19. This Agreement constitutes the entire agreement and understanding between Company and Advertiser, with respect to the subject matter hereof. It supercedes and replaces all previous discussions, negotiations, and understandings between Company and Advertiser. This Agreement may only be amended by a written amendment signed by authorized representative of both Company and Advertiser. Interpretation hereof will be under the laws of the State of New Jersey and Advertiser hereby agrees to submit to the jurisdiction of the State and Federal Courts located in Millburn, New Jersey, U.S.A. to resolve any disputes or litigation hereunder. 20. Advertiser is not permitted to assign Advertiser’s rights or responsibilities hereunder. In any dispute or lawsuit between Company and Advertiser relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs. 21. All notices called for herein shall be to the parties at the addresses provided and shall be by certified United States Mail, return receipt requested or by reputable national overnight delivery service, such as Federal Express. 22. This Agreement may be executed by fax, and the Parties herein agree that faxed copies of this Agreement, complete with signatures, shall serve as an original copy. The advertiser agrees that this agreement is being signed electronically by creating account and will not be "signed" in the sense of a traditional paper document and understands and agrees this electronic signature is binding, the same as if it were "signed" in the sense of a traditional paper document.
By clicking register you agree to the above terms and conditions.