TapOnIt, Advertising LLC Terms & Conditions
1. ACCEPTANCE OF ADVERTISEMENTS. TapOnIt, LLC may, at its sole discretion, reject any advertisements.
2. CANCELLATION. Campaigns cancelled less than forty-eight (48) hours before the scheduled start date of the campaign are subject to a 25% cancellation fee. There are no cancellations once a campaign begins. A campaign can be postponed or suspended by an Advertiser for a maximum of thirty (30) days. After thirty days, Advertiser is still liable for full amount of the contract. If campaign is postponed or suspended, TapOnIt, LLC cannot guarantee an exact duplication of the campaign; due to a potentially limited inventory.
3. INDEMNIFICATION. Each party (the “Indemnifying Party”) will indemnify, defend and hold harmless the other party and its parents, subsidiaries, successors and assigns, and the officers, directors, employees, agents and representatives of any of them (each, an “Indemnified Party”), from and against any and all third-party claims and liabilities (including reasonable outside attorneys’ fees and expenses) arising out of or relating to any alleged (a) breach of any representation or warranty under this Agreement; (b) violation of law; or (c) infringement of the rights (including privacy, publicity or intellectual property rights) of any third party by the Indemnifying Party in fulfilling its obligations or exercising its rights hereunder.
4. COPYRIGHT. All advertising (excluding Advertisements provided by Advertiser), which represents the creative effort of TapOnIt, LLC and/or the utilization of creativity, illustrations, labor, composition, or material furnished by it, is and remains the property of TapOnIt, LLC, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize reproductions, in whole or in part, of any such advertising. All rights in and to the Advertisements provided by Advertiser shall remain with Advertiser, including all intellectual property rights therein.
5. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the creation of the online advertising or on the sale of online advertising, such taxes shall be assumed and paid by Advertiser.
6. PAYMENT. The Advertiser shall make payment prior to campaign send or if credit is established within 30 days of the billing date indicated on TapOnIt, LLC statement. In the event that the account becomes past due an additional 1.5% will accrue monthly. After 90 days the account will be sent to collection if not paid in full.
7. REJECTION OF ADVERTISEMENT. TapOnIt, LLC reserves the right to not run any advertisement that is received and that is not in accordance with TapOnIt, LLC policies. In addition, TapOnIt, LLC reserves the right to reject or cancel any advertisement, order or reservation at any time and to reject any URL link embodied within any advertisement.
8. LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify TapOnIt, LLC from all claims, losses, judgments, and damages arising there from. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to Acts of God, as well as all other matters Advertiser might raise relevant to this contract, is limited to the amount charged to the Advertiser by TapOnIt, LLC for the applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the matters first occurrence. LIMITATION OF LIABILITY. TapOnIt, LLC’s liability is limited in all cases to the return of the charges made for the applicable advertising. This limitation of liability is a condition for the acceptance of any advertising by TapOnIt, LLC. In no event shall TapOnIt, LLC be liable to advertiser or to any third party for any indirect, special, or consequential damages, including but not limited to lost profits or unrealized business opportunity, arising out of this agreement or the publication of or failure to publish any advertisement, whether or not TapOnIt, LLC was advised of the possibility of such damage. Advertiser further agrees that the TapOnIt, LLC’s provider of ad management services, will not be liable for any losses, costs, or damages that may arise from advertiser’s use of text advertising services on TapOnIt, LLC and that TapOnIt, LLC nor any TapOnIt, LLC services will be liable to advertiser for any indirect, consequential, special, or exemplary damages.
9. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.
10. ASSIGNMENT. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, except to an entity that succeeds to all of substantially all of the assigning party’s business or assets/ any purported assignment in violation of this provision shall be void and of no effect. This Agreement shall be binding upon and inures to the benefits of the parties and their respective permitted successors and assigns.
11. It is expressly agreed that neither Advertiser, nor TapOnIt, LLC, nor their respective agents and representatives, shall disclose in any manner the terms and conditions of this Agreement to anyone not a party to it.
12. By signing the quote provided I certify that I am the owner or authorized representative of the Advertiser, and I hereby grant on behalf of the Advertiser its express permission and consent to receive advertising offers and other information via mail, telephone and email from TapOnIt, LLC or any other business operated by TapOnIt, LLC. I agree that such information may be transmitted to the mailing and email address(s) and telephone number(s) listed on the quote or to any other contact addresses and numbers used by the Advertiser.
13. The Advertiser has read and agrees to the Terms and Conditions by the signature on the quote provided.