Myigloo Web Site Advertising Agreement
The Advertiser warrants that its advertisement does not infringe on the copyright or other intellectual property rights of any third person, business or corporation. The Advertiser further warrants that its Advertisement does not contain any libelous or slanderous materials, does not invade anyone’s privacy, nor contain any obscenity. The Advertiser warrants that it has the unrestricted right to use all trademarks, service marks, logos, graphics, portraits, photographs, pictures and artwork contained in the Advertiser’s Advertisement. This Section shall remain in effect after termination of this Agreement.
Except for any warranty expressly made by Web site Owner pursuant to This Agreement, Web site Owner hereby disclaims any and all Implied Warranties, including, without limitation, The Implied Warranty of Merchantability, The implied warranty of fitness for a Particular Purpose, The implied warranty of quality of
any Computer Programs, any and all Implied Warranties of Informational Content, and any and all Warranties as to any Effort made to achieve a Particular Purpose. Web site Owner makes no warranty that the Web site is free of viruses or potentially damaging code.
Notwithstanding anything in this Agreement to the contrary, in no event will Web Site Owner or its employees or agents be liable for any damages or expenses caused by system failure caused by any on-line service or computer system failure, or by any transmission, access or communication problems. Notwithstanding anything in this Agreement to the contrary, Web Site Owner is not responsible for the quality of the Advertiser’s advertising to the extent that it may be affected by any operating systems, networks, independent display mechanisms or access to on-line services. In no event will Web Site Owner be liable for any consequential, exemplary, incidental, punitive or special damages arising out of this Agreement, including, but not limited to, loss of profit, loss of data or the cost of any alternative forms of advertising, whether based on breach of contract, tort (including negligence or recklessness), product liability or otherwise, even if Web Site Owner is informed in advance of the possibility of such damages. Web Site Owner’s total liability under this Agreement is limited to the payments received by Web Site
Owner from Advertiser hereunder for the current term of this Agreement only.
The Advertiser agrees to defend, hold harmless and indemnify Web Site Owner for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Advertiser’s breach of any warranty made by the Advertiser pursuant to this Agreement. The Advertiser further agrees to defend, hold harmless and indemnify Web Site Owner for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Advertiser’s negligent or reckless acts or omissions arising out of this Agreement.
9. No Approval or Endorsement By Web Site Owner
The Advertiser acknowledges that Web Site Owner does not approve, endorse or sponsor any product or service contained in the Advertiser’s Advertisement. The Advertiser will not make any representation that Web Site Owner approves, endorses or sponsors any of the Advertiser’s products or services. The Advertiser also understands that Web Site Owner does not approve, endorse or sponsor any person or company used by the Advertiser for creative, design or other services, even if the Advertiser was referred to such person or company by Web Site Owner. The Advertiser acknowledges that Web Site Owner may publish advertising of any other entity in the Web Site. Nothing in this Agreement shall be construed to mean or imply that the Advertiser has any license to use any Web Site Owner trademark, service mark, logo or trade name.
Any notice, consent or other communication hereunder shall be in writing and shall be deemed to have been duly given only if sent by means of registered or certified mail or email.