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Advertiser Agreement

Sinsations.ch 

Last Updated: February 21st 2020

Introduction – Welcome to our Advertiser Agreement (“Agreement’). We look forward to a prosperous advertising relationship with You. This document governs the use of Sinsations.ch (the “Site”) for advertising purposes. You must read and consent to this Advertiser Agreement before You are permitted to access or use the Site as an Advertiser. We ask that You read this Agreement carefully, as it impacts Your legal rights. To access the Site or Services as an Advertiser, or request advertising Services, You further agree to the following:

  1. PRELIMINARY PROVISIONS

Party Definitions – The operative parties referred to in this Agreement are defined as follows:

  • Site – sinsations.ch and any affiliated website and mobile version.
  • Services – the services that we provide on the Site, including any messaging system offered by us.
  • Materials – all images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company.
  • Company, Us, We, Our, Ours, etc. – The operator of the Site.
  • Advertiser, You, Your, Yours, etc. – You are a User who wishes to offer and promote Your services via the Site’s advertising Services and who has certified that You are at least eighteen (18) years of age and are competent to form contracts.
  • Parties – Throughout certain provisions of this Agreement, Company and Advertiser shall be collectively referred to as the “Parties” and as “Party” when referred to individually within the same provision.
  • Advertiser Account – the account registered by you as an Advertiser which allows You to utilize the Site’s advertising forum capabilities.
  • Bid – a bid placed by an Advertiser to purchase a Placement.
  • Placement – a preferred posting on the Site which will receive a higher ranking than other posts on a specific section of the Site as determined by the Bid placed by the Advertiser who purchased the Placement.
  • Terms of Use – the Terms of Use Agreement for all users of the Site located at https://sinsations.ch/terms-of-use-agreement/.

What this Agreement is – This Agreement is a legal contract between You and the Company, governing Your activities as an Advertiser via the Site and its Services. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By becoming an Advertiser on this Site, You are agreeing to all terms and conditions within this Agreement. You may not pick and choose which terms apply to You.  If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other Services provided by the Company. Nothing in this Agreement is intended to create any enforcement rights by third parties.

Consideration – Consideration for Your assent to the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services, which includes allowing You to become an Advertiser on the Site. You agree that such consideration is both adequate, and that it is received upon Your acceptance of this Agreement.

Electronic Signatures / Assent Required – Nobody is authorized to become an Advertiser of this Site, or access the Services provided to Advertisers, unless they have signed this Agreement. Such signature does not need to be a physical signature since electronic acceptance of this Agreement is acceptable and legally binding. You manifest Your agreement to this Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then You have legally agreed to the Terms of Use. Additionally, by using any part of Our Site or Services for promotional purposes and/or as an Advertiser, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement. If We discover that You have not validly signed this Agreement, You will be considered an unauthorized Advertiser, which constitutes a material breach of this Agreement, as well as the Terms of Use.

Revisions to this Agreement:

  • From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the Parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
  • We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. You agree to periodically re-visit this web page, and to clear your cache and use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
  • Waiver – If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

Incorporations by Reference – This Agreement represents the terms and conditions of Our Services for Advertisers on the Site, however, additional provisions are hereby incorporated by reference. The document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

Terms of Use

In the event of any conflict between this Agreement and the incorporated documents, the terms of this Agreement shall control.

Parties are Distinct Entities – Acting as an Advertiser does not mean that You are an employee of Company. You are specifically placed on notice that You are not an employee of Company.  Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a formal business relationship of any kind. Company and Advertiser are completely separate entities, and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, joint venturer, agent, or representative of the other for any purpose whatsoever. No Party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another Party or to bind another in any manner or thing whatsoever. The nature of the relationship of the Parties is that of independent contractors.

If You intend to advertise, facilitate, or promote any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the laws, regulations, policies, and community standards in Your jurisdiction, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site and the Services do not violate such laws, regulations, policies or standards.  Accordingly, You strictly adhere to any and all federal, state, provincial, and/or local regulations governing advertisements, specifically, the inclusion of any disclosures or disclaimers required to be present in such advertising material. You acknowledge that Company has taken a position in support of anti-trafficking efforts, and strictly prohibits any illegal conduct on the Site. In the event that We are put on notice of any such unlawful activities occurring on Our Site or via the Services, We intend to fully cooperate with law enforcement regarding any investigation(s) involving the same. You specifically agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country.

  1. EXPLANATION OF ADVERTISER ACCOUNT & SERVICES

Advertiser Access & Account:

  • Registration – To access certain features of the Site and Services, You must register an Advertiser Account. We reserve the right to contract with a third party entity to implement and enforce identity and/or age verification services associated with Advertiser access to the Site and Services. This third party entity may impose additional terms and conditions governing such verification services. You are responsible for abiding by such terms, and providing the information necessary to perform any age or identity verification effort requested by Us or Our contractors. We disclaim any liability associated with Your violation of such terms.
  • You are prohibited from transferring or selling access to Your Advertiser Account and are responsible for actions originating from Your Advertiser Account.
  • You are prohibited from creating an Advertiser Account if accessing Our Site, or participating in Our Services, violates any law(s) applicable to Your jurisdiction.
  • You are prohibited from transferring or selling access to Your Advertiser Account and are responsible for actions originating from Your Advertiser Account.
  • You are prohibited from creating an Advertiser Account if accessing Our Site, or participating in Our Services, violates any law(s) applicable to Your jurisdiction.
  • In all circumstances, You are prohibited from creating an Advertiser Account on behalf of an individual third party, despite any authorization by such third party, or documentation governing permitted agency action of the same. All personal service advertisements must be submitted and authorized by the individual depicted.
  • In order to create an Advertiser Account on behalf of a business entity, authorization in writing and signed by an authorized agent of such business entity. If at any point Your right to act on behalf of such business entity is suspended or terminated, You will immediately cease use of the Advertising Account and turn over the log-in credentials for that Advertising Account to an authorized agent of such business entity. Advertiser Accounts associated with any business entity are prohibited from submitting advertisements on behalf of an individual third party.
  • The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If an Advertiser Account is accessed by fraudulent and/or unlawful means, the Site may terminate the associated Advertiser Account immediately within its discretion, and take all necessary and appropriate actions under applicable law.
  • You agree that all information provided in registering, or otherwise creating an Advertiser Account is true, accurate, current and complete. You also agree that You are responsible for maintaining the accuracy of such information throughout Your tenure as an Advertiser. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to deny, suspend, or terminate Your Advertiser Account and refuse any and all current or future use of the Site and Services by You, as well as to subject You to potential criminal and civil liability.
  • You are entirely responsible for any and all activities conducted through Your Advertiser Account. You agree to notify Us immediately of any unauthorized use of Your Advertiser Account as well as of any other breach of security.

Bids

  • After completing registration of an Advertiser Account, You may elect to place Bid(s) on Placement(s) for specific sections of the Site. If your Bid is one of the top placing Bids for a Placement in a specific section of the Site in any given two week period, we will display your Placement in relation to the other top placing Bids, with the highest bid being placed at the top of a specific section of the Site for a period beginning on Monday at noon (EST) and continuing for two weeks on the Monday thereafter at noon (EST), and all lower bids being placed in relation to the other Bids in that specific section of the Site. You understand and agree that the specific number of Placements that may be displayed on any specific section of the Site is determined by us in our sole and absolute discretion, and that some sections of the Site may have more Placements than other sections of the Site. The price of any Placement you choose is determined solely by the amount of your Bid and whether your Bid was higher or lower than the other Bids made for a Placement in relation to any given two week period. All Bids must be placed no less than forty-eight (48) hours before the start of the two-week period, unless we make an exception in our sole and absolute discretion. Should You have any additional questions regarding the same, please contact Our customer support team at [email protected].
  • Refunds – You understand and agree that it is Our standard policy that purchases and/or fees associated with Your Advertiser Account are final and nonrefundable at this time. We reserve the right to address any refund request in Our sole discretion.

Billing Terms:

  • We reserve the right to contract with a third party to process any and all payments associated with the Site and/or Services. Such third party may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with Your violation of such terms.
  • We utilize various third party payment processors and gateways, online wallets, and/or cryptocurrency exchanges, and We reserve the right to contract with additional third party payment service providers in Our sole discretion.
  • You agree to pay any and all fees or account charges related to your Bids, or any other purchases and/or upgrades associated with Your Advertiser Account immediately when due in accordance with Our stated billing policy, or that of Our third party billing agent.
  • You understand and agree that You are responsible for any and all fees or penalties that are associated with Your Advertiser Account. You agree to pay any and all amounts due immediately upon cancellation or termination of Your Advertiser Account.
  • We reserve the right to make changes at any time to Our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s) provided to Advertisers, with or without prior notice to You.
  • You must promptly inform Our third party billing agent of all changes, including, but not limited to, changes in Your address and changes in Your credit card used in connection with billing and/or payment for the Site and Services, if applicable. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Advertiser Account and refuse any and all current or future use of the Site and Services, as well as subjecting You to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks and any related fees that Site incurs with respect to Your Advertiser Account, along with any additional fees and/or penalties imposed by Our third party billing agent.
  • Virtual Currency: We may permit or require members to pay for Services using one or more virtual currencies such as Bitcoin. Acceptance of such payment method is in Our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Any refunds of virtual currency payments (if authorized) is also at our sole discretion, and, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at Our option. Additional administrative fees may accompany virtual currency transactions. You agree that We are not responsible for any loss in value of cryptocurrency in the event of an authorized refund.
  • Billing Errors – If You believe that You have been erroneously billed for activity associated with Your account, please notify Us immediately of such error. If You do not do so within thirty (30) days after such billing error first appears on any account statement or receipt, the fee in question will be deemed acceptable by You for all purposes, including resolution of inquiries made by or on behalf of Your banking institution. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to You. These terms shall supplement and be in addition to any terms required by third party billing entities We engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in this Agreement.

Advertiser Access via Mobile Device:

  • Optional Features – Advertiser understands and agrees that by accessing the Site and/or Services via mobile device, there may be additional Advertiser Account features available as a result. Such features, though optional, may launch automatically upon access via mobile device. Advertiser may disengage such optional features at any time. Advertiser understands and agrees that by electing to opt-in to such features, any additional information, whether acquired actively or passively as a result of engaging such features, may be made public.

Communications Pertaining to Site; Services; Advertiser Account: We may offer You the ability to receive communication(s) pertaining to the Site, Services, and/or Your Advertiser Account via short message service text messaging, or a comparable system. Should You wish to access or otherwise interact with the Site or Services via text messages, You will be required to submit a valid telephone number upon Advertiser Account registration. Use of the text messaging system is not a requirement to become an Advertiser and is simply another way for You to access information on the Site. However, should You choose to utilize this feature, You understand and agree that You are expressly consenting to receiving text message communications regarding Your use of the Site and Services. You understand and agree that such messages are based on Your status as an Advertiser participating in the Site’s Services. You understand and agree that You are specifically soliciting such messages in order to access such Services. You are responsible for all text and/or data fees charged by Your mobile carrier. You understand and agree that You are wholly responsible for the security of Your mobile device, and therefore, You are liable for any and all Advertiser Account activity associated with such device.

Termination of Advertiser Account:

  • You may cancel Your Advertiser Account at any time via Your personalized Advertiser Account portal, or by contacting Our Customer Service at [email protected].
  • Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
    1. We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
    2. We are unable to verif or authenticate any information You provide to Us;
    3. We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or
    4. We decide to cease operations or to otherwise discontinue any services or options provided by the Site or parts thereof.
  •  You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site, using the same or different registration information, without prior written consent from Us.
  • You agree that neither the Site nor any third party acting on Our behalf shall be liable to You for any termination of Your Advertiser Account or Your access to any part of the Site.

3. ADVERTISER CONTENT

Advertiser Content – Advertiser Content includes any text, images, video, communication, or other content or media associated with Your Advertiser Account, published or transmitted via the Site or Services, or otherwise provided by You during Your use of the Site or Services. You agree that any and all Advertiser Content associated with Your Advertiser Account will comply with all provisions set forth in this Agreement.

License to Use Advertiser Content:

  • License Grant – You hereby grant Us a worldwide, royalty-free, perpetual, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, perform, communicate to the public, and display such materials (in whole or in part) worldwide and/or to incorporate such materials into any form, medium, or technology now known or later developed. Further, You hereby grant to Our Users, as defined in the Terms of Use, a nonexclusive license to access the Advertiser Content via the Site and Services.
  • Advertiser understands and agrees that all license rights granted to Us shall be fully sub-licensable, assignable, and transferable, within Our sole discretion. Accordingly, We reserve the right to sub-license any and all Advertiser Content for use by any third party entity, or that which is under Our legal control.
  • You represent and warrant that You have all rights, including intellectual property and publicity rights, to grant the license set out above. Uploading any Advertiser Content found to infringe upon the proprietary rights of another party may result in the deactivation or deletion of Your Advertiser Account.
  • You understand and agree that by uploading Advertiser Content, You are consenting to the above license in its entirety, which provides Us the right to:
    1. Reproduce, transmit, communicate, display, or distribute Advertiser Content, on or as part of Our Site(s), on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
    2. Reproduce Advertiser Content in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links); and/or
    3. Adapt, modify, or alter Advertiser Content or otherwise create derivative works based upon it; and for all other reasonable promotional or commercial uses either as part of the operation of Our Site(s), or as a promotion or operation of any derivative or related businesses.

Given the perpetual nature of the licensed rights in the Advertiser Content granted by You to Us, removal of any such Advertiser Content is within Our sole discretion. Therefore, You understand and agree that upon termination or cancelation of Your Advertiser Account, any associated Advertiser Content may continue being utilized by the Site.

You accept sole responsibility for any activity or material associated with Your Advertiser Account. Should any Advertiser Content associated with Your Advertiser Account violate any laws or other applicable legal restrictions, Your actions shall constitute a material breach of this Agreement.

Restrictions on Advertiser Content – Under no circumstances may Your Advertiser Content include, depict, or describe any of the following:

  • Nudity, including but not limited to the display of the unclothed genitals and/or pubic area.
  • Actual or simulated sexual activity, unsolicited sexual content, or content that sexually objectifies other users;
  • Content that promotes or encourages suicide or self-harm;
  • Defamatory, obscene, harassing, illegal, or otherwise objectionable material (determination of which is in Our sole discretion);
  • CSAM (i.e., child pornography);
  • Images, text, or any other actual or implied depiction of subjects under eighteen (18) years of age at the time of creation, whether or not the context of that depiction is sexual in nature;
  • A stated age that is more or less than five years of your legal age;
  • Code, slang, and/or acronyms referencing illegal or nonconsensual sexual activity, drug use, violence, or other illegal activity, including the use of emojis to communicate any activity that violates this Agreement or the Terms of Use;
  • Content that serves no purpose other than to harass, annoy, or offend other users;
    • Content that includes repetitive words, images, hashtags, or other content for the purpose of spamming or with the effect of spamming;
  • Disparaging text regarding the Site, Services, Users, or the respective activity of the same;
  • Express or implied promotion of a competitor website (determination of which, is within Our sole discretion);
  • Disclosure of personal contact information pertaining to other Advertisers;
  • Your own personal contact information, excepting information disclosed via the Site’s permitted format;
  • Fake or inaccurate depictions of You as the Advertiser;
  • Images, videos, or text published, or otherwise used without the authorization of its legal owner; and
  • Communications suggesting, soliciting, facilitating, promoting, or implying the unlawful exchange of funds for sexual activity (including, but not limited to sex trafficking or prostitution-related services).

We reserve the right, within Our sole and absolute discretion, to reject and/or remove any Advertiser Content, although We undertake no obligation to monitor Advertiser Content, or take any such actions.

We encourage Our Users to report any violations of these restrictions by other Users. Violating any of the Site’s content restrictions may result in suspension or cancellation of Your Advertiser Account. We reserve the right to permanently ban any Advertiser who violates this Agreement.

  1. INDEMNIFICATION

You agree to defend and indemnify Us should any User or third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party due to Your actions in participating as an Advertiser on Our Site.

You agree to defend, indemnify, and hold harmless Our Site, its corporation, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your conduct as an Advertiser, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

In order to maintain the integrity of the Site and Services, or to investigate complaints, You agree to allow Us to access Your Advertiser Account and any other information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services of this Site.

  1. LIMITATION OF LIABILITY

In no event shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site, Services, or any of the materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.

In no event shall Our maximum total aggregate liability hereunder for direct damages exceed one hundred Swiss Francs (CHF 100) or the total amount You paid Us during the one (1) month period before You made Your claim, whichever is greater.

You acknowledge that while We implement reasonable security protocols, no system or network is immune to hacking or security breach. You specifically release Us from any and all claims associated with the unauthorized release of any information provided to Us, including Your Account information, billing information, or personal data.

You further acknowledge that Advertisements may be viewed by anyone with a connection to Our web servers, and are otherwise not private. Once posted on the Internet, content cannot be completely removed or deleted. You therefore specifically release Us from any and all claims associated with the publication or viewing of Your Content, and the use of the Site.

  1. FORCE MAJEURE:

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; epidemics; pandemics; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, malware, data breach, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s or Services’ performance.

  1. JURISDICTION & DISPUTE RESOLUTION

Governing Law – This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Switzerland, excluding its conflict of law provisions.  The sum of this paragraph is that any and all litigation or arbitration permitted under this Agreement must be, without exception, initiated in Switzerland.

  • Right to Injunctive Relief – Both Parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other Party’s breach, and that in any litigation permitted under this Agreement, an aggrieved Party shall therefore be entitled to seek injunctive relief, in addition to seeking all other remedies available at law or in equity.

ARBITRATION PROVISIONS

  • If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration with the ICC International Court of Arbitration. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any law, statute, or regulation, excepting only claims by Us pertaining to intellectual property, injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Switzerland, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The laws of Switzerland shall govern the arbitration. The arbitrator shall be willing to execute an oath of neutrality.
  • The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
  • The cost of the arbitration shall be split equally between the Parties. The prevailing party shall be entitled to reimbursement of reasonable attorneys’ fees.
  • No waiver of right to arbitration – There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving Party to the other Party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
  1. MISCELLANEOUS PROVISIONS

Confidentiality. As an Advertiser, You may have access to certain information or content on the Site that non-Advertiser Users cannot access. You agree that any information or content You receive in the course of Your duties as an Advertiser is to be treated as confidential. You may not disclose confidential information to any other User, or third party, whether or not such disclosure is public, or via private means such as email or other “private” messaging systems.  You agree that You will keep such information or content confidential indefinitely, even after Your status as an Advertiser ends, or this Agreement is otherwise terminated.

Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing Party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.

Assignment. Advertiser may not assign, transfer, or delegate any and/or all of Advertiser’s rights or obligations under this Agreement without Our written consent.  However, We reserve the right to assign this Agreement in whole or in part.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.

Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

Complete Agreement. This Agreement constitutes the entire agreement between the Parties with respect to Your access and use of the Site and Services as an Advertiser, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

Other Jurisdictions/Foreign Law. We make no representation that the Site is appropriate or available for use in all locations. You may not access or use the Site from territories where its contents may be illegal or is otherwise prohibited. Those who choose to access and use the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that that We are subject to the laws of any nation besides Switzerland.

Service Not Available in Some Areas. You are subject to the laws of the state, province, city, country, or other legal entity in which You reside or from which You access and use the Site. THE SITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or use the Site while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and this Agreement, and subject to having Your account suspended or terminated without any notice to You. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Site, nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of the Site in any jurisdiction.

 

Nothing more follows.