Website Information

Advertising Terms and Conditions

By accepting to place banner ads on zbone.me, you (the "advertiser") are agreeing to the following terms and conditions.

1. DELIVERY OF ADVERTISING
The zbone.me Web site, shall deliver Advertiser's ads to users accessing the Web site pages in accordance with the service terms, this insertion order and such other specifications to be determined solely by zbone.me. Advertiser hereby grants zbone.me a non-exclusive, worldwide license to use banners on the service pursuant to this agreement.

2. PAYMENT
Advertisers must pay for the banner space in advance for a minimum term of thirty (30) days, or a longer period that was agreed upon by zbone.me and advertiser.  Before the end of the agreed upon term, advertiser will be notified that the banner ad will expire and will have the option to renew.  If advertiser does not renew their banner, the ad space location may be assigned to others and any discount rate agreed upon will be discontinued.

3. BANNER POSTINGS
It is the Advertiser's responsibility to provide banner art to specifications. Banners that are inoperable or not created to specifications will be returned and the advertising will not begin until satisfactory images are provided. The advertising term will not start until the banner is online on the zbone.me website.  The banner must be according to the specifications agreed upon and in GIF or JPEG format only.

4. ADVERTISING PLACEMENT
The placement of the advertiser's banner will be decided upon prior to payment.  After the start of the term of the banner placement, the location cannot be changed until the end of the term.

5. ADVERTISER'S OBLIGATIONS AND REPRESENTATION
zbone.me is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency. Advertiser will be solely responsible for all costs it incurs in connection with the service associated with the terms of this agreement, including, without limitation, expenses associated with creating, updating and otherwise managing banners, delivering banners to zbone.me and establishing and maintaining links between banners and Web sites and areas outside the service. Advertiser warrants and represents at all times that Advertiser owns and/or has the right to permit the use of the banners by zbone.me and that neither the banners nor the Advertiser's Web content will infringe the rights of any third party or violate any foreign or domestic federal, state, or local laws or regulations. Advertiser agrees that it shall be solely responsible for any liability arising out of the banners, or Advertiser's Web content. In addition, Advertiser agrees to indemnify and hold zbone.me and service participants harmless from and against any losses, costs, damages, or expenses (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with banners or Advertiser's Web content or Advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy or publicity.

6. zbone.me RIGHTS
zbone.me shall have the right to approve the form and content of all banner advertisements and no changes shall be made to any banners without zbone.me's consent. zbone.me shall have the right to refuse to include in the service, and to remove from the service without notice, any banner advertisement that zbone.me determines does not meet the service's standards or comply with the service terms or any banner linking to Advertiser's Web site, which content zbone.me deems unlawful or inappropriate in its sole discretion. zbone.me may use the Advertiser's name and banners to promote the zbone.me Web site in all media and to use information concerning pages, impressions and users for zbone.me's own use and for use in connection with the service, provided that zbone.me does not reproduce banners without Advertiser's prior consent.

7. WARRANTY/LIABILITY
zbone.me makes no warranties of any kind, whether express or implied, including any implied warranty of merchantability or fitness of the service for a particular purpose including, without limitation, the type or number of service participants or the type or number of pages which will be accessible through the service. zbone.me shall not be liable for any service participants nor for the contents of any Web sites or pages, nor for any loss, cost, damage, or expense (including attorney fees) incurred by advertiser in connection with advertiser's participation in the service, including, without limitation, for any technical malfunction (including hackers causing disruption), computer error or loss of data or other injury, damage, or disruption to Advertiser's banners.

In consideration of the placement of advertisements on zbone.me, the advertiser and agency, will jointly and severally, indemnify and save zbone.me and all parents, affiliates and subsidiaries of zbone.me harmless from and against any and all losses and expenses arising out of the appearance of such advertisements on zbone.me, or on the advertiser's site on the Web as linked through zbone.me, including without limitation, those arising from claims for suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act, obscenity, indecency, violation of statutory, common law or contractual rights including, without limitation, the rights of any guild or union or rights of privacy or publicity or from any and all similar claims now known or here after devised. It is understood that the advertiser and the agency are jointly and severally liable for payment of invoices for advertising made available on zbone.me hereunder. In consideration of reviewing for acceptance, or acceptance of, any linkage to the advertisers site on the Web, the agency and advertiser agree not to make promotional or merchandising reference to zbone.me in any way except with the prior permission of zbone.me in each instance.

8. ADDITIONAL CONDITIONS
Advertiser shall hold this agreement in confidence and shall not sell, transfer, or assign this Agreement without zbone.me's prior written consent. Advertiser shall not have, nor claim, any right, title, or interest in or to any pages, the service, or any elements thereof (including, without limitation, the grant of a license in or to the service or any software, source codes, modifications, updates, and enhancements thereof or other aspect thereof).  Each party hereto shall be and act as an independent contractor and not as partner, joint venture partner, or agent of the other. This agreement represents the entire understanding between zbone.me and Advertiser regarding zbone.me's Web site advertising services and supersedes all prior agreements. No waiver, modification or addition to this Agreement shall be valid unless in writing and signed by both parties. The foregoing shall not limit zbone.me's right to waive, modify, or make additions to the service terms. The service terms, as in effect from time to time, are hereby incorporated in this agreement and made a part hereof as if set forth in full. This agreement shall be governed by and construed in accordance with the laws of the State of California and jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal and state courts within the State of California.




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