Orders For Advertisements
1.1 Orders. All orders or other requests for advertising, whether
from an advertiser (hereinafter "Customer"), or as applicable from
an advertising agency or agent on advertiser's behalf (also
hereinafter "Customer"), are governed by these standard terms and
conditions. No other conditions, provisions, or terms of any sort
appearing in any writings or other communications made in connection
with such orders, including without limitation those contained on or
accompanying checks or other forms of payment, shall be binding on
Vision Media, All Eyes On The Web (hereinafter "Vendor"), whether in conflict with or in
addition to these standard terms and conditions. Orders which quote
rates which vary from the Rates Listed in Vendor's web site and
written material shall not be binding on Vendor, and shall be deemed
requests for advertising at then-current rates. Orders are binding
on Customer and not subject to cancellation, except as provided
below under Cancellation.
Guarantee
1.1 Fourteen Business Day (14 business day) money back guarantee begins 24 hours after
All Eyes On The Web / Vision Media Marketplace receives back, from
client, the questionnaire regarding their product service or
opportunity. This questionnaire is sent to client through email
after order is placed.If, after All Eyes On The Web receives the client's questionnaire and feels we need more information, the form is sent back to client via email. At that point the 14-business day guarantee begins 24-hours after All Eyes On The Web receives back the second attempt.
Cancellation
2.1 Refunds. Full refunds are given if the request is placed within
48 hours of ordering. Otherwise, Vision Media - All Eyes On The Web does not offer
refunds. Vision Media offers NO REFUNDS for monthly fees, maintenance
package, or advertising services.
2.2 You may cancel
your monthly service for the following month as long as your
cancellation is emailed to us no more than 7-days prior to your
monthly billing.
2.3 Failure to pay
for your ranking service will result in account termination. Ten
days after account falls delinquent or customer cancels monthly
service, all links pointing to clients websites shall be removed,
thus the sites will begin to fall from top rank. Twenty days after
service is delinquent or customer cancels, if customer was a network
marketing client, his or her spot will be forfeited back to All Eyes
on the Web (Vision Media Marketplace)
Acceptance
3.1 Unconditional Acceptance. Vendor's offer to publish
advertisements for Customer is made on these standard terms and
conditions only, and the placement of an order for advertising with
Vendor shall constitute Customer's unconditional acceptance of these
standard terms and conditions; no acceptance shall be effective
until it is received by Vendor.
3.2 Refusal by Vendor to Accept this Agreement. Vendor reserves the
right not to publish any advertising in its sole discretion. Failure
by Vendor to publish any requested advertisement does not constitute
a breach of contract or otherwise entitle Customer to any legal
remedy.
Responsibility For Advertisements
4.1 Sufficient Authorization. Customer represents and warrants to
Vendor that it is fully authorized to publish the entire contents
and subject matter of all requested advertisements (including,
without limitation, all text, graphics, URLs, and sites to which
URLs are linked), and that all such materials will comply with all
applicable laws and regulations.
4.2 Indemnification. In consideration of the publication of
advertisements, Customer agrees unconditionally to indemnify and
hold harmless Vendor and its respective officers, agents and
employees, from and against any and all loss, liability and expense
(including reasonable attorneys' fees) suffered or incurred by
reason of any claims, proceedings or suits based on or arising out
the contents or subject matter of such advertisements, including
without limitation claims for defamation, violation of rights of
publicity and/or privacy, copyright infringement, and trademark
infringement.
4.3 Representations. Customer warrants and represents to Vendor that
each Internet site identified by URLs in advertisements: (i) is
controlled by Customer and operated by Customer and/or its
independent contractors, (ii) will be functional and accessible at
all times, and (iii) is in compliance with all applicable laws and
regulations, and suitable in all respects to be linked to from the
applicable site containing the advertisement. Vendor may test
Customer's URLs, and in Vendor's sole discretion may remove any URLs
at any time that fail to comply with the above requirements.
4.4 Positioning. Except as otherwise specified by Vendor herein, all
order provisions regarding positioning of advertisements shall be
treated as requests, which shall be fulfilled at Vendor's sole
discretion.
4.5 3rd Party Servers. Vendor reserves the right to refuse
advertising buys from third parties that require ads to be served
from said third party's servers.
Commitment; Payment Terms
5.1 Liability for Costs. By submitting an order for advertising to
Vendor, Customer shall be liable for the cost of such order.
5.2 Total Cost. Customer will pay Vendor the Total Fee due hereunder
at the time of Order Submission.
No Representations or
Warranties; No Damages
6.1 Limitation of Warranty. ALL services provided to Customer that
are the subject of these terms and conditions are provided without
warranties of any nature. Vendor disclaims all warranties, EXPRESS
OR IMPLIED, including without limitation any implied warranties of
merchantability and fitness for a particular purpose.
6.2 Limitation of Liability. IN NO EVENT SHALL VENDOR BE LIABLE TO
CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY
RECEIVED BY VENDOR FROM CUSTOMER FOR THE ADVERTISEMENT(S) AT ISSUE.
6.3 Consequential and Special Damages. IN NO EVENT SHALL VENDOR BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, OR SPECIAL DAMAGES WHATSOEVER RESULTING FROM ANY
BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE ARISING OUT OF, OR
RELATING TO, THE SERVICES INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IF VENDOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions
7.1 Entire Terms and Conditions. These Terms and Conditions,
including all attachments which are incorporated herein by
reference, constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes and replaces
all prior and contemporaneous understandings or agreements, written
or oral, regarding such subject matter.
7.2 Governing Law. These terms and conditions are governed by the
laws of Texas. Customer consents to the exclusive jurisdiction and
venue of courts in Odessa, TX for all disputes arising out of or
relating to the subject matter hereof. In the event that any
provision of these standard terms and conditions is found invalid or
unenforceable pursuant to judicial decree or decision, the remaining
provisions shall remain valid and enforceable, and the unenforceable
provisions shall be enforced to the maximum extent permissible so as
to effect the intent of the parties, and the remainder of this
Agreement shall continue in full force and effect.
7.3 Notices. Any notices required under these Terms and Conditions
may be hand delivered or shall be deemed received three (3) business
days after mailing by U.S. mail, first class, postage prepaid, and
addressed as follows:
Vision Media
4315 Esmond Drive, Suite 2203
Odessa, TX 79762
7.4 Section and Paragraph Headings. The section and paragraph
headings in this document are for convenience only; they form no
part of these Terms and Conditions and shall not enter into the
interpretation thereof.
7.5 No Partnership. Nothing in these standard Terms and Conditions
shall be deemed to create a partnership or joint venture between the
parties and neither Vendor nor Customer shall hold itself out as the
agent of the other, except for that specified in this Agreement.
7.6 No Waiver. No delay or failure of Vendor in exercising any right
under these standard terms and conditions and no partial or single
exercise of any right by Vendor shall be deemed to constitute a
waiver of such a right or any other right under these standard terms
and conditions.
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