Architecturals.net Customer Agreement
Customer Terms and Conditions
This Agreement is entered into by and between Architecturals.net, a subsidiary of Urban Development Corporation, and you, subject to terms and conditions below. "You" and "Your" mean "Advertiser" the identity of which shall be incorporated herein by reference.
- General - Allocation of advertising inventory on the Architecturals.net site is on a first-come, first-served basis. Advertising will be run for the time period selected, provided that Architecturals.net has approved all ads prior to the campaign start date. All creative material is subject to Architecturals.net review and Architecturals.net reserves the right to, in its sole discretion, refuse any creative materials Inconsistent with Architecturals.net content standards.
- Payment - Payment is due upon receipt; campaign will not begin until payment has been received in full.
- Performance: - Architecturals.net agrees to use commercially reasonable efforts to process and place Your ads at those prices designated. Further, Architecturals.net will use commercially reasonable efforts to fulfill delivery of all contracted campaigns under this agreement, but makes no performance guarantees of any kind, expressed or implied.
- Cancellation Policy: - Requests to cancel an active campaign must be submitted in writing (email is acceptable) by the user associated with the account. All cancellation requests will be subject to a cancellation fee equal to the sum of 1 month of the associated plan cost. Campaigns will be discontinued once the cancellation request has been processed.
- Right To Refuse: - At any time, at its sole discretion, Architecturals.net may refuse to run Your ad(s), for any reason including without limitation, if Architecturals.net judges that Your ad(s) do not meet Architecturals.net content standards, or would be potentially actionable. Upon such refusal, Architecturals.net shall refund all unearned monies you may have pre-paid. This right to refuse an ad does not constitute endorsement of any ad that is accepted by Architecturals.net, nor does it constitute a warranty that Architecturals.net will continue to run an ad once accepted.
- Reporting: - Architecturals.net will provide detailed reporting as a standard service with any advertising campaign.
- No Warranties As To Performance: - Architecturals.net makes no representations, warranties or guarantees as to the level of sales, purchases, clicks, sales leads or other performance You can expect from these ads. You acknowledge that you are not relying upon any such representations, warranties or guarantees.
- Your Representations: - In supplying information to be included in Your ad, You represent and warrant that a) You are solely responsible for this information, and b) You have full right and title to all information supplied in your ad, and c) You are not infringing any copyrights, trademarks, service marks, trade names, trade secrets, licenses or other proprietary intellectual property, d) You are not committing libel, defamation, or breach of confidentiality, and e) You are not violating any local, state or federal law, including without limitation any law requiring licensure or governmental permission for your advertisement(s).
- Indemnification: - You agree that you are responsible for paying any claims or damages that may arise from third parties as a result of Your ad, and that running ads shall be at your sole risk. You will indemnify and hold Architecturals.net harmless from any fees, liabilities, claims, losses, damages, judgments or penalties (including Architecturals.net 's reasonable attorneys' fees and expenses) including but not limited to claims of libel, defamation, breach of confidentiality, payment of copyright royalties, intellectual property royalties, or damages or liabilities resulting from actual or alleged infringement, as a result of running your advertisement. This provision shall survive termination of this Agreement.
- Disclaimer of Warranties: - Architecturals.net and You agree that this is an Agreement for services and is therefore not subject to the Uniform Commercial Code. THE SERVICES PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS. ARCHITECTURALS.NET DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE ADVERTISING SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY OF INFORMATION, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Limitations of Liability: - Architecturals.net shall have no liability as a result of performance under this Agreement for Internet disruption, interrupted service, errors or delays in providing the service, levels of use or impressions, loss of data, failure to provide requested Network subject channels, failure to meet your requirements, loss of brand equity or goodwill as a result of your ad appearing on certain Web Sites, or other injury, damage or disruption to you. YOU AGREE THAT ARCHITECTURALS.NET SHALL NOT BE RESPONSIBLE FOR INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES OR THIRD PARTY CLAIMS, EVEN IF ARCHITECTURALS.NET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any breach or claimed breach, Architecturals.net liability, and Your sole remedy, shall be limited to a refund of unused monies paid to Architecturals.net, provided that such refund shall not give rise to or constitute an admission of liability.
- Miscellaneous: - This is the entire Agreement between You and Architecturals.net, and supersedes any other agreements, oral or written. This Agreement may be changed at any time. Activation of a campaign shall constitute full acceptance of this Agreement just as though you signed an original copy of it. You and Architecturals.net are independent contractors and no partnership or agency relationship is hereby created. For any action arising under this Agreement, You and Architecturals.net hereby consent to the exclusive jurisdiction of the state courts of Philadelphia County, Pennsylvania and the U.S. District Court of Philadelphia, Pennsylvania. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania. Waiver by either party of a breach or right hereunder shall not constitute waiver of any other or subsequent breach or right. If a court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. Architecturals.net shall not be in default or otherwise liable for any delay or failure in its obligations hereunder that result from force majeure circumstances beyond its reasonable control, including without limitation any delay or non-performance due to Acts of God, civil unrest, strikes or labor disputes, acts of any government body, the elements, or other CAUSE BEYOND THE CONTROL OF Architecturals.net.
I do not agree to the Advertising Terms & Conditions
