This Agreement has been concluded between you and the owner of TranslatorsCafe.com Web site ANVICA Software Development ("ANVICA"). "You" or "Advertiser" means the entity identified in the online form, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement.
Uses. All ads are subject to approval to comply by ANVICA. ANVICA reserves the right to, and in its sole discretion may, at any time review, reject, modify, or remove any ad placed under this Agreement. No liability of ANVICA shall result from any such decision.
Parties' Responsibilities. You are responsible for knowing the contents of this Advertising Terms and Condition and Terms and Conditions of Use of this site. You are solely responsible for the content of your ads, including URL links. ANVICA is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
Prohibited Uses. ANVICA strictly prohibits using the TranslatorsCafe.com Web Site
to generate fraudulent impressions of or fraudulent clicks on Advertiser's ad(s) or third-party ad(s), including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software;
to advertise substances, services, products or materials that are illegal in any state or country where the ad is displayed;
in any way that violates any policy posted on the ANVICA Web Site, as revised from time to time; or
to engage in any other illegal or fraudulent business practice under the laws of any state or country where the ad is displayed. Violation of these policies may result in immediate termination of this Agreement, and may subject you to legal consequences.
Termination; Cancellation. ANVICA may at any time, in its sole discretion, terminate the advertising program, terminate this Agreement, or cancel any ad(s). ANVICA will notify you via email of any such termination or cancellation, which shall be effective immediately. You may cancel any ad and/or terminate this Agreement with or without cause at any time. Cancelled ads will be discontinued within 24 hours of notice received via e-mail. Termination of your account shall be effective when ANVICA receives a notice via e-mail.
Confidentiality. Each party agrees not to disclose confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes ads, prior to publication, submissions or modifications relating to any advertising campaign, clickthrough rates or other statistics, and any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been independently developed without access to the other party's Confidential Information, rightfully received from a third party; or required to be disclosed by law or by a governmental authority.
No Guarantee. ANVICA makes no guarantee regarding the levels of impressions or clicks for any ad on its TranslatorsCafe.com Web site.
No Warranty. ANVICA makes no warranty, express or implied, including without limitation with respect to advertising and other services, and expressly disclaims the warranties or conditions of noninfringement, merchantability and fitness for any particular purpose.
Limitations of Liability and Force Majeure. In no event shall ANVICA be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, or any third parties (if any). Except for the parties' indemnification and confidentiality obligations hereunder, in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or other damages whether in contract, or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy, and ANVICA's aggregate liability to advertiser under this agreement for any claim is limited to the amount paid to ANVICA by advertiser for the ad giving rise to the claim. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Payment. You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that ANVICA may change its minimum pricing at any time. If you dispute any charge, you must notify ANVICA in writing within sixty (60) days of any such charge; failure to so notify ANVICA shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by ANVICA. No other measurements or statistics of any kind shall be accepted by ANVICA or have any effect under this Agreement.
Warranties. You warrant that all of the information provided by you to ANVICA is correct and current; you hold all rights to permit ANVICA to use, reproduce, display, transmit and distribute your ad(s); and ANVICA's use, your target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights. You further represent and warrant that any Web site linked to your ad(s) complies with all laws and regulations in any state or country where the ad is displayed; does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, or contract theories; and is not false, misleading, defamatory, slanderous or threatening.
Indemnification. You agree to indemnify, defend and hold ANVICA, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any indemnified person(s), arising out of, related to or which may arise from your use of the advertising, your Web site, and/or your breach of any term of this Agreement.
Information Rights. ANVICA may retain and use for its own purposes all information you provide, including but not limited to URLs, the content of ads, and contact and billing information. ANVICA may share aggregate (i.e., not personally identifiable) information about you with advertisers, business partners, sponsors, and other third parties.
Miscellaneous. Any decision made by ANVICA under this Agreement shall be final. ANVICA shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by ANVICA in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of Ontario, Canada. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Mississauga, Ontario, Canada. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to ANVICA. This Agreement shall be construed as if both parties jointly wrote it.
BY CLICKING ON THE I ACCEPT BUTTON BELOW, THE PERSON DOING SO REPRESENTS AND WARRANTS THAT
HE OR SHE IS 18 YEARS OF AGE OR OLDER;
HE OR SHE HAS THE POWER AND AUTHORITY TO ACT AS ADVERTISER;
ADVERTISER HAS READ AND UNDERSTANDS THIS AGREEMENT; AND
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