Advertising Services. Advertisements will be placed based on the information Advertiser provides in their advertising request. ChessandPoker.com makes no guarantee regarding the results Advertiser will obtain from advertisements placed on this site. Advertiser is solely responsible for all the advertising information provided, including keywords, ad content, and URLs, as well as the websites, products and/or services Advertiser promotes/references/links to. So that ChessandPoker.com can place the advertisements, Advertiser grants to ChessandPoker.com a worldwide, nonexclusive, royalty-free, perpetual, fully sub-licensable, and irrevocable license to place, publish, reproduce, copy, distribute, perform and display the advertisements. Advertiser agrees that advertisements may be placed on any content or property provided by ChessandPoker.com and Advertiser authorizes and consents to all such placements. Advertiser understands that materials submitted to ChessandPoker.com will not be returned upon termination of this Agreement or otherwise.
Payment and Refunds. Advertiser agrees to pay all amounts pertaining to the Advertising Term in full prior to placement of Advertisement(s) on the ChessandPoker.com website through the services provided by PayPal.com or other means authorized in writing by ChessandPoker.com. All payments will be made in US Dollars. ADVERTISER FULLY ACKNOWLEDGES AND AGREES THAT NO REFUNDS OR PRORATION OF RATES OF ANY KIND WILL BE OFFERED UPON PAYMENT RECEIPT FOR ANY REASON WHATSOEVER.
Advertisement Length and Renewal. The duration of each Advertisement commences on the start date set forth in writing by ChessandPoker.com and continues in force and effect until terminated pursuant to the these Advertising terms or expiration of the agreed upon time period. Any renewal of the advertising agreement, acceptance of any additional advertising agreement and pricing for such renewal or additional advertising agreement shall be at ChessandPoker.com's sole discretion. ChessandPoker.com reserves the right to deny, modify or cancel any renewal for any reason whatsoever at its sole discretion. Upon expiration or cancellation, all instances of advertisements will be removed from the ChessandPoker.com website within seven (7) days of termination.
Disclosure of Information. Advertiser agrees that ChessandPoker.com may provide any information pertaining to the advertisements in response to any valid legal process, such as subpoenas, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims. ChessandPoker.com will not be liable for any use or disclosure of such information by such third parties.
Authority to Enter into this Agreement. The individual who submits an Advertising request represents and warrants that he or she is either (1) acting on behalf of himself or herself, and will be personally bound by these terms, or (2) acting as an agent or authorized representative of his or her principal (including any entity he or she represents) and has actual authority to bind that principal to these terms as if that principal were named in this Agreement in place of that individual. He or she further agrees that if it is found that he or she did not have authority to bind that principal, he or she will be personally responsible for the obligations in these terms and the advertising order he or she placed, including, without limitation, the payment obligations.
Modification of Terms. Advertiser agrees and acknowledges that ChessandPoker.com may modify these terms, the Advertising Guidelines and/or any of the other ChessandPoker.com policies at any time, and that posting the modifications on the ChessandPoker.com site will constitute sufficient notice of such modifications. Advertiser acknowledges and agrees that any such modification will apply to the balance of the advertisements that remain to be run after the date such modification is posted and to all future advertisments. Advertiser further agrees that they are obligated to check for any such modifications, and that the placing of a request or continued use of any ChessandPoker.com advertising services after posting of any modifications constitutes acceptance of the modifications.
Indemnification. Advertiser agrees to indemnify and defend ChessandPoker.com from and against any claims, liabilities, costs and expenses (including reasonable attorney's fees) arising out of (1) any advertisements provided by or through Advertiser, including all content and links contained therein, (2) any website to which advertisement from Advertiser links, (3) the products or services Advertiser is advertising, and (4) the violation of any laws or third party rights, including, but not limited to, intellectual property rights, by Advertiser, their agents or partners.
DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, CHESSANDPOKER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. CHESSANDPOKER.COM DOES NOT GUARANTEE OR WARRANTY ANY PARTICULAR RESULTS FROM THE ADVERTISEMENTS PLACED OR THE SERVICES PROVIDED BY CHESSANDPOKER.COM. ADVERTISER UNDERSTANDS THAT THIRD PARTIES MAY GENERATE IMPRESSIONS, CLICKS, OR OTHER ACTIONS FOR FRAUDULENT OR IMPROPER PURPOSES, AND ADVERTISER ACCEPTS THE RISK OF ANY SUCH IMPRESSIONS, CLICKS, OR OTHER ACTIONS. CHESSANDPOKER.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO ADVERTISERS IN CONNECTION WITH ANY THIRD PARTY CLICK FRAUD OR OTHER IMPROPER ACTIONS THAT MAY OCCUR.
LIMITATION OF LIABILITY: CHESSANDPOKER.COM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR FOR ANY LOSS OR INTERRUPTION TO BUSINESS, ARISING OUT OF OR RELATING IN ANY MANNER TO THE ADVERTISING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CHESSANDPOKER.COM'S AGGREGATE LIABILITY TO ADVERTSER EXCEED THE AMOUNT ADVERTISER ACTUALLY PAYS TO CHESSANDPOKER.COM FOR THE ADVERTISEMENTS GIVING RISE TO THE CLAIM.
DISCLOSURE OF ADVERTISEMENT: EXTERNAL LINKS FEATURED IN ADVERTISEMENTS ARE FULLY COMPLIANT WITH SEARCH ENGINE GUIDELINES AND CONTAIN MACHINE-READABLE DISCLOSURE (REL=NOFOLLOW) THAT LINKS HAVE BEEN PURCHASED EXPRESSLY FOR ADVERTISING PURPOSES IN THE PAGE SOURCE CODE.
ChessandPoker.com's failure to enforce or delay in enforcing any provision of this Agreement will not be deemed a waiver of that provision, and any waiver of any default under this Agreement will not be deemed to be a waiver of any subsequent default.
Advertiser agrees that ChessandPoker.com may provide effective notice to Advertiser by sending an email to the email address specified in their advertising request, and the notice will be deemed received when sent. Advertiser agrees that any notices sent to ChessandPoker.com will be sent via email to email@example.com and will be deemed received when such notice is received by ChessandPoker.com.
Except for any obligation to perform the advertising services, these terms and conditions will survive the completion or termination of any advertisments. Advertiser may not assign this Agreement, or any of their rights under this Agreement, or delegate any of their obligations under this Agreement, without ChessandPoker.com's prior written consent, and any attempt to do so is void. No partnership, agency relationship, joint venture or other relationship is created by this Agreement.