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1.
General. A deposit must be submitted to Let Gizmo Find It! in advance
of initial advertising date. By submitting advertising for inclusion
on Let Gizmo Find It!, advertiser/agency agrees to be bound by the
terms of this contract. No conditions other than those set forth
herein shall be binding on Let Gizmo Find It!. This contract supersedes
any previous agreements between Let Gizmo Find It! and advertiser/agency
relating to the subject matter set forth herein. Let Gizmo Find It!'s
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event
shall Let Gizmo Find It! be obligated to serve advertisements for any
other advertiser.
2. Changes
and Cancellations. Cancellations and changes can be made via
the advertiser login. Let Gizmo Find It!'s advertising specifications
are accessible through the advertiser login. Let Gizmo Find It! reserves
the right to change any of its advertising specifications at any
time.
4. Delivery,
Frequency and Makegood. All figures relating to the number of
advertisements served as determined by Let Gizmo Find It! shall govern,
regardless of whether advertiser/agency is using the services of
a third party ad server. If Let Gizmo Find It! fails to provide the
guaranteed number of impressions, Let Gizmo Find It! will make good
on this contract.
6. Key Words
and Phrases. Let Gizmo Find It! offers no exclusivity on keywords
or phrases. Each advertiser will be given ranking positions based
upon the bid they enter on keywords/phrases.
8. Rejections.
Let Gizmo Find It! reserves the right, without liability, to reject,
omit or exclude any advertisement or to reject or terminate any
links, buttons, boxes or banners for any reason at any time, with
or without notice to the advertiser/agency, and whether or not such
advertisement, link, button, box or banner was previously acknowledged,
accepted, or published.
9. Licenses
and Indemnification. Advertiser/agency grants Let Gizmo Find It!
the right to use, reproduce, publicly display and distribute advertiser's
advertisments and collateral information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency represents
that the advertiser is the owner or is licensed to use the entire
contents and subject matter contained in its advertisements and
collateral information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material, trademarks,
service marks, logos, and/or depictions of trademarked or service
marked goods or services; and (c) any testimonials or endorsements
contained in any advertisement submitted to Let Gizmo Find It!. In
addition, advertiser/agency represents that the advertiser's advertisements
and collateral information do not violate any applicable local,
state or federal law or regulation. In consideration of Let Gizmo Find It!'s
acceptance of such advertisements and information for publication,
the advertiser and agency will jointly and severally indemnify and
hold harmless Let Gizmo Find It! and its officers, directors, shareholders,
employees, accountants, attorneys, agents, parent, affiliates, subsidiaries,
successors and assigns from and against any and all third party
claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or related to: (i) advertiser/agency's
breach of any covenants, representations and warranties made therein,
(ii) Let Gizmo Find It!'s performance under this contract, and (iii)
the copying, printing, distributing, transmitting or publishing
of advertiser's/agency's advertisements or collateral information
by Let Gizmo Find It!.
10. Limitation
of Liability. UNDER NO CIRCUMSTANCES WILL Let Gizmo Find It! BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY
WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Let Gizmo Find It!
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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