1. ADVERTISING; ACCEPTANCE OF TERMS AND CONDITIONS. The Advertiser shall purchase the online advertising space at the rate listed and for the duration specified at the time of purchase. The Advertiser is responsible for providing all materials for the advertisement, including the URL link. The purchase of an ad on OutAndAboutMom.com, together with these Terms and Conditions, shall constitute the Agreement between the Advertiser and Out and About Mom, herein referred to as “the Company”. The Agreement is an electronic contract that sets out legally binding terms for the Advertiser. BY PURCHASING AN AD ON OUTANDABOUTMOM.COM, THE ADVERTISER HAS ACCEPTED THE TERMS AND CONDITIONS SET FORTH HERIN.
2. POSITIONING; USAGE. Position of advertisements on OutAndAboutMom.com is at the sole discretion of the Company. The Advertiser acknowledges that the Company has not made any guarantees with respect to usage statistics or levels of impressions for any advertising. The Company may provide the Advertiser with estimated usage only as a courtesy to the Advertiser and shall not be held liable for any claims relating to said usage statistics. Any information collected by the Company relating to users or the Advertiser’s site (including and without limitation any demographic information relating to users of the site), shall be property of the Company, and the Advertiser shall not obtain any rights in such information by virtue of this Agreement.
3. REJECTION OF ADVERTISEMENTS. The Company may, at its sole discretion, reject any advertisements. In addition, the Company reserves the right to cancel any advertisement, order or reservation at any time and to reject any URL link embedded within any advertisement.
4. COPYRIGHT. All advertising, which shall be provided by the Advertiser, remains the property of the Advertiser, including all rights of copyright therein. The Company understands and agrees that it cannot authorize reproductions, in whole or in part, of any such advertising, nor can the Company use it anywhere else on OutAndAboutMom.com except where expressly authorized by the Advertiser.
5. PAYMENT. Advertisement(s) must be prepaid by the Advertiser prior to launch. The advertiser will be notified if their ad is not approved and no payment will be processed for unapproved ads.
6. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the sale of online advertising, such taxes shall be assumed and paid by the Advertiser.
7. CANCELLATION. Once purchased, ads are not cancellable by the Advertiser. No refunds will be given.
8. TIMING. Ads will run on OutAndAboutMom.com for 30-day, 60-day or 90-day periods as selected at the time of purchase. Once the Advertiser’s advertisement has been approved by the Company and payment from the Advertiser has been received by the Company, the Advertiser’s advertisement will launch and run for the number of days specified at the time of purchase.
9. INDEMNIFICATION. The Advertiser agrees to defend, hold harmless and indemnify the Company, its officers, directors, members, and employees from and against all claims, losses, judgment, damages, costs, and expenses, of any nature whatsoever, including but not limited to reasonable attorneys’ fees, for which the Company may become liable by reason of its publication of the Advertiser’s online advertising.
10. LIMITATION ON LIABILITY. The Advertiser assumes all liability for content of advertising. Liability for typographical errors, wrong insertions, late publications, and/or non-publication as well as all other matters the Advertiser might raise relevant to this Agreement, is limited to the amount charged to the Advertiser by the Company for the applicable advertisement. Claims for such matters must be made within seven (7) days of the matter’s first occurrence. THIS LIMITATION OF LIABILITY IS A CONDITION FOR THE ACCEPTANCE OF ANY ADVERTISING BY THE COMPANY. IN NO EVENT SHALL OUT AND ABOUT MOM BE LIABLE TO THE 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. 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.
12. ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.
13. GOVERNING LAW. This Agreement is governed by the substantive laws of the State of Connecticut.
14. BINDING TERMS AND CONDITIONS. By purchasing an ad on OutAndAboutMom.com, the Advertiser certifies that he or she has read and agrees to the Terms and Conditions set forth herein.
Last updated: 8/22/2016
