TERMS AND CONDITIONS OF ADVERTISING
Captain Kirk Services, Inc., a California corporation, doing business as “Airfield Supply Co.”, (“Publisher”), agrees with the “Advertiser”:
This Agreement is not binding upon Publisher until accepted by Publisher's management. Such acceptance may be evidenced by the appearance of the Advertising covered by this Agreement in the website, or by such confirmation as the Publisher may from time to time provide. The person entering into this agreement on behalf of the Advertiser warrants that he/she/it is authorized by Advertiser to enter into this agreement for and on behalf of Advertiser. Advertiser agrees to conduct transactions by electronic means.
1.The following capitalized terms mean: “Advertiser” includes the business, person or other legal entity placing Advertising, together with its owners, successors and assigns. “Advertising” or “Advertisement” includes all material and/or information to appear in a display advertising on monitors, discussion forums, blogs, photo- and video-sharing pages, email services and social networking features published by Publisher, including listings, banners, buttons, and/or links, and/or printed publications. “Agreement” shall mean this agreement. "Above-the-fold" shall mean situated within the portion of a page that is designed to be visible on a standard computer screen with a resolution of 640 pixels by 480 pixels without requiring the user to scroll horizontally or vertically throughout the page. "Beyond the Banner" shall mean any type of promotion which involves promotional techniques other than the placement of standard advertising banners or standard advertising buttons and links. “Link” shall mean a link which will take users of Publisher’s web sites to Advertiser’s designated web page or bookmark. “Listing” shall mean the described publishing of Advertiser’s information. "URL" shall mean Universal Resource Locator.
2. The method of promotion of Advertising or Advertisements as well as the technology used to publish such Advertising or Advertisements shall be at the sole discretion of the Publisher. Advertiser understands and agrees that service interruptions are a normal occurrence and will occasionally occur, and that such interruptions are not an error or omission on the part of Publisher, nor a failure, either in whole or in part, to provide Advertising. No specific position for Advertising is guaranteed in Advertising or Advertisements or on any portion thereof unless otherwise stated in writing. Publisher reserves the right to place such advertising in any position on Advertising or Advertisements unless other wise stated in writing.
3. Advertiser warrants that it is authorized and entitled to advertise each business, product or service represented in the Advertising and in Linked pages; that all statements or representations made by or on behalf of Advertiser to both the public and the Publisher are clear, truthful and not misleading; that the contents of the Advertising and Linked pages are fair and lawful; and that the use of any name, picture, likeness, reproduction, endorsement of a product or service, copyrighted or copyrightable item, URL, telephone number, address, trademark, service mark or trade name in or in connection with any Advertising or Linked pages is duly authorized. Advertiser shall notify Publisher immediately of any change in such authorization. Advertiser assumes sole responsibility for the protection of any and all copyrights, trademarks, service marks and trade names used by Advertiser, whether or not included in its Advertisements or Linked pages, and shall hold Publisher free and harmless from and against any and all liability for infringement thereof.
4. Publisher reserves the right to reject this Agreement, and/or any copy that it deems, in its sole discretion, to be objectionable. Publisher may revise any Advertising or Advertisements at any time, even after an initial publication, so that the Advertising to be published will conform to Publisher’s then current rules, policies, and standards. Publisher also may terminate this agreement at any time if publication of any Advertising would not conform to such rules, policies, and standards, and/or if Publisher determines that information provided on behalf of Advertiser is incorrect or misleading, and/or if Publisher determines that advertiser is a poor credit risk. Publisher shall make any or all of the determinations set forth herein in its sole discretion.
5. Publisher has the right, but not the obligation, to disclose any or all information it has concerning Advertiser to third parties, including, without limitation, credit reporting agencies or the public, and to request from, receive, and act upon information concerning Advertiser from third parties, including, without limitation, credit reporting agencies or the public.
6. Advertiser agrees to pay Publisher the sums agreed as “Charges.” All charges are due in advance unless otherwise agreed in writing. The Charges subject to this agreement are fully due and payable, notwithstanding any disconnection or interrupted service of URL or website or phone number linked or appearing in any Advertisement or listing, or any discontinuance, change of location, or change of or transfer of ownership of any advertised business. The original person or persons owning such advertised business shall remain personally liable jointly and severally with the new owner or owners for the full amount of charges ser forth in this agreement, whether or not there has been any agreement respecting the assumption of liability by the new owner or owners. Either party may decline to contract for any future Advertising, with or without cause. Advertiser agrees to automatic renewal of customer’s advertising at the expiration of the agreed term for an additional term of the same duration at the same rate unless either party notifies the other party in advance and agrees that Advertiser may charge the credit card and/or make an electronic withdrawal to the account on file. This paragraph shall not limit the exercise of Publisher’s rights described elsewhere in this agreement, including, without limitation, Publisher’s termination rights as set forth therein.
7. Advertiser agrees to and hereby does indemnify, defend and hold Publisher, its directors, officers, other employees and agents harmless from and against any and all loss, claim, damage, expense, penalty, demand, reparation, cost of defense, attorney’s fees or liability whatsoever (whether paid or credited under settlement, order, judgment or otherwise) arising out of or in any way caused by or connected with the publication of its Advertising. Advertiser warrants that it will honor the terms mentioned in any advertisements and/or coupons until the expiration date mentioned in such terms or, if none, during the entire life of the Advertisement in which in which the terms appear.
8 Publisher shall have the right to sell, assign, or transfer this Agreement with all its rights, title, and interest therein to any person, firm, or corporation at any time during the term of this agreement, and any such assignee shall acquire all of the rights and assume all of the obligations of Publisher under this agreement.
9. Publisher reserves the right to reproduce the Advertising or Advertisements in any other form or format Publisher chooses, including print, microfiche and other electronic versions and including the specific ads of the advertisers, whether or not protected by copyright or trademark.
10. This Agreement shall be interpreted and construed under the laws of the State of California. Any action or proceeding arising under this agreement shall be brought within the State of California and be venued in Santa Clara County, California. 11. This Agreement shall constitute the entire agreement between Advertiser and Publisher, and Publisher shall not be bound by any agreement or understanding not expressed herein. The terms and conditions of this agreement may not be modified, except by a writing signed by Advertiser and an authorized agent of the of Publisher. No alteration, deletion or other modification of the printed words of this agreement (hereinafter collectively “alteration”) shall be binding upon Publisher, and, in the event of any alteration, Publisher may, at Publisher’s option, treat the agreement as remaining in effect in its original unaltered format by publication of the advertising or may consider the agreement rejected by Advertiser and may refuse to publish the advertising. Neither publication nor attempted publication of the advertising shall be deemed to constitute an acceptance of any alteration or modification.
LIMITATION OF LIABILITY FOR ERRORS AND OMISSIONS: READ CAREFULLY
12. TO THE FULL EXTENT ALLOWABLE BY LAW, IN THE EVENT OF ANY ERROR IN OR OMISSION OF ALL OR ANY PART OF ANY ADVERTISING, THE PARTIES AGREE THAT PUBLISHER’S LIABILITY SHALL BE LIMITED TO A PRO RATA ABATEMENT OF THE CHARGES PAYABLE FOR SUCH ADVERTISING DURING THE IN-SERVICE LIFE OF THE ADVERTISING IN WHICH SUCH ERROR OR OMISSION OCCURS IN THE SAME PROPORTION THAT SUCH ERROR OR OMISSION REDUCES THE VALUE OF THE ADVERTISING. IN NO EVENT SHALL PUBLISHER’S LIABILITY TO ADVERTISER FOR CLAIMS OF ANY KIND WHATSOEVER FOR LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH ERROR OR OMISSION EXCEED THE TOTAL OF SUCH CHARGES PAYABLE FOR THE ADVERTISING AT ISSUE. TO THE FULL EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ANY LOSS OF ADVERTISER’S BUSINESS, REVENUES OR PROFITS, THE COST TO ADVERTISER OF OTHER FORMS OF ADVERTISING, OR SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY NATURE. IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ERRORS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF ANY THIRD PARTY, INCLUDING LINKS OR SERVICE PROVIDERS OR OTHER INFORMATION PROVIDERS WHOSE SERVICE MAY BE MENTIONED IN ANY ADVERTISING. THE FOREGOING PROVISIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND REGARDLESS OF WHETHER ADVERTISER’S CLAIM IS BASED UPON CONTRACT, TORT, (INCLUDING NEGLIGENCE OF WHATEVER DEGREE), UNFAIR COMPETITION, STRICT LIABILITY OR OTHERWISE AND SHALL CONSTITUTE PUBLISHER’S SOLE LIABILITY TO ADVERTISER AND ADVERTISERS’S EXCLUSIVE REMEDY AGAINST PUBLISHER IN THE EVENT OF SUCH ERROR OR OMISSION AND ADVERTISER SPECIFICALLY WAIVES ANY RIGHT TO ANY SUCH CLAIM FOR LOSS OR DAMAGE OR RESTITUTION. ALL CLAIMS BASED UPON ERRORS IN OR OMISSIONS OF ADVERTISING MUST BE MADE DURING THE IN-SERVICE LIFE FOR THE ADVERTISING IN WHICH THE ADVERTISEMENT APPEARS OR WAS TO HAVE APPEARED. ALL CLAIMS NOT MADE WITHIN THE TIME PERIOD FOR CLAIMS ARE WAIVED.
ADVERTISING GUIDELINES AND RULES
Provider reserves the right to refuse or modify or edit Advertisements for any reason, with or without cause. The following represents a non-exclusive list of general guidelines, polices and rules pertaining to listings and advertisements:
All advertised goods/services must meet the rules set forth below. Advertisements may be refused, modified or edited for any reason, with or without cause.
Advertisers are solely responsible for the content of their advertisements.
Advertisements shall not include content that may be unlawful, unethical, immoral, or offensive, including, but not limited to, content that is profane, false or misleading, or promotes discrimination based upon race, creed, color, religion, sex, or disability.
Advertisements shall not list any item (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
Advertisements shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Advertisements shall not be defamatory, unlawfully threatening or unlawfully harassing.
Advertisements shall not be obscene nor contain pornography.
Advertisements shall not offer counterfeit or stolen items.
Advertisements shall not actually or potentially infringe upon any trademark, copyright, patent, trade secret or other proprietary right or right of publicity or privacy or violate any non-disclosure agreement.
Listings and advertisements shall not include URLs, links, scripts or e-mail addresses except as approved.
Listings and advertisements shall not include offers to trade.
Advertisements shall not include references to catalogs.
Listings and advertisements shall not shall not directly or indirectly refer to or link to other sources in avoidance of this general guidelines, polices and rules.
Listings and advertisements shall not include offers of gifts, bonus items, raffles, wagers and/or prizes
Advertisements shall not offer unreasonably high shipping or handling costs.
Advertisements shall not advertise or offer an item that requires or offers a non-specified additional purchase.
Advertisements shall disclose any advertised price in a fair and non-misleading manner and shall not attempt payment surcharges, including but not limited to, charging purchasers any additional fee for their use of ordinary forms of payment, including acceptance of checks, money orders, electronic transfers or credit cards. (Providing that this charge’s disclosed in the advertisement, Sellers may add reasonable and customary shipping charges limited to the seller's reasonable costs for mailing, packaging and handling. Sellers may chargeback fees incurred in using a third party escrow service.)
Advertisements shall not include any viruses, worms, Trojan horses, or other computer programming that may damage, inhibit, or intercept any system, data or information and shall not include any robot, spider, other automatic device, or manual process to monitor or copy this Web Site.
Advertisements shall not cause Provider to lose (in whole or in part) the services of our ISPs and/or other suppliers.
Advertisements shall not create or increase any actual or potential liability for Provider