Terms Of Service
Your payment for advertising at FxFisherman.com indicates your agreement to the following terms:
Pursuant to this binding agreement between FXFISHERMAN.COM and ADVERTISER, ADVERTISER shall pay to FXFISHERMAN.COM and FXFISHERMAN.COM shall provide advertising space on the FXFISHERMAN.COM web site.
- CALCULATION OF PAYMENT
ADVERTISER has requested, subject to availability, advertising space on the FXFISHERMAN.COM WEB SITE, subject to review by FXFISHERMAN.COM. Once advertising has begun, pricing subject to change only with 30 days' advance notice to ADVERTISER from FXFISHERMAN.COM.
- PAYMENT
FXFISHERMAN.COM reserves the right to hold ADVERTISER and/or its authorized advertising agent liable for any and all amounts owed. If payments are not made in a timely manner, FXFISHERMAN.COM, at its option, may terminate advertisement immediately.
- DEPOSITS
ADVERTISER agrees to submit an advertising deposit prior to advertising commencement. If ADVERTISER'S listings are approved, the Deposit will be applied toward the advertising fees. Once listings are approved and advertising commences, deposit IS NOT REFUNDABLE. If ADVERTISER'S listings are not approved, the deposit will be refunded in full. Deposits may be made via Credit Card, Western Union, MoneyGram, Moneybookers.com, E-Gold.com, and LibertyReserve.com.
- TECHNICAL SPECIFICATIONS
FXFISHERMAN.COM agrees to display an advertisement for ADVERTISER with a link from the text/banner to ADVERTISER'S website. At the ADVERTISER's request, and subject to availability, text advertisements shall be displayed in the thread or topic list of the FXFISHERMAN.COM Forum. Banner ads (subject to availability) will be placed above the fold of most pages on FXFISHERMAN.COM.
ADVERTISER agrees to supply one or two banners in GIF, JPEG, PNG or Flash Movie format which is under 100KB in file size. FXFISHERMAN.COM reserves the rights to reduce the graphical quality of the banners to optimize the file size. Payment must be made in advance of advertising. Advertising may be purchased on a basis of 30-day, 90-day or 365-day. In case of text advertisements, ADVERTISER agrees to supply a 60 character keyword anchor, a website URL to link to, plus a one paragraph website description, OR a 2 - 5 word text ad.
ADVERTISER agrees to hold harmless FXFISHERMAN.COM for content of their advertising.
- RIGHT TO REFUSE UNACCEPTABLE ADVERTISING
FXFISHERMAN.COM reserves the right to refuse any advertisement sponsorship text that does not completely conform to every detail, instruction, method, and guideline set in the Technical Specifications above. FXFISHERMAN.COM reserves the right to refuse any advertisement text that does not arrive seven days before ADVERTISER would like the advertisement to be produced online. FXFISHERMAN.COM does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which FXFISHERMAN.COM shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. This Agreement is voidable by FXFISHERMAN.COM immediately if ADVERTISER fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, FXFISHERMAN.COM may in its complete discretion refuse the use of any other advertising that it deems inappropriate.
- USAGE STATISTICS
FXFISHERMAN.COM MAKES NO GUARANTEE TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. FXFISHERMAN.COM SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. FXFISHERMAN.COM IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS.
- TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY
ADVERTISER is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. ADVERTISER represents and warrants that the Advertisement and Link comply with FXFISHERMAN.COM'S advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by FXFISHERMAN.COM for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. ADVERTISER agrees to indemnify FXFISHERMAN.COM and to hold FXFISHERMAN.COM harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by FXFISHERMAN.COM, arising out of or related to ADVERTISER'S breach of any of the foregoing representations and warranties. ADVERTISER agrees to request that FXFISHERMAN.COM be listed as an additional insured on any policy issued to ADVERTISER pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.
- LIMITATION ON DAMAGES
IN NO EVENT WILL FXFISHERMAN.COM BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FXFISHERMAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- FORCE MAJEURE
FXFISHERMAN.COM is not responsible for any failure or delay in performance hereunder that is directly or indirectly related to natural disaster, act of terrorism, utility outages or interruptions, system transmission or server failure, strike, lockout or any other situation which is beyond its control.
- ASSIGNMENT
ADVERTISER may not assign this agreement, in whole or in part, without FXFISHERMAN.COM' written consent. Any attempt to assign this Agreement without such consent will be null and void.
- GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA.
- ENTIRE AGREEMENT
This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof. It supersedes and replaces any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.