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Advertiser Agreement
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Your accessing and use of this Site as an advertising member is subject to your acceptance of this Advertiser’s Agreement (“this Agreement”). Your acceptance of this Agreement signifies your acceptance of our Visitor Agreement, Privacy Policy and Copyright Policy. If this Agreement is not acceptable to you, you cannot become an advertising member.
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This Agreement entered into between hometowncruisenight.com and you. If you are using the Services on behalf of another person, you represent that you are authorized to enter into this Agreement on that person's behalf. Unless explicitly stated otherwise, this Agreement will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
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Definitions: In addition to the terms defined throughout this Agreement, the terms "you", "your" and "yours" refer to you, the advertising member. The terms "we", "us" and "our" refer to hometowncruisenight.com.
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Changes to this Agreement: We reserve the right, at any time, to modify, add to, delete from, alter, or update this Agreement ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review this Agreement posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by this Agreement as changed.
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Advertisements: You expressly acknowledge that we reserve the right to reject any advertisement. All advertisements are subject to availability of space and we reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. You are responsible for the contents of your advertisements. We will not accept any advertisements which we feel discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. If you wish to cancel your advertisement, you must do so before the publication deadline. There shall be no refunds for cancellations after the publication deadline – NO EXCEPTIONS.
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Fees: By submitting an advertisement, you agree to pay the specified fees. All fees are quoted in US Dollars unless specified otherwise. You are responsible for all your tax liabilities arising out of the payment of the fees. If you do not make the payment or your payment fails, we reserve the right to use appropriate collection mechanisms to collect the fees and charge the expenses for collection to you.
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Warranties:We do not warrant the success of your advertisements. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will be successful. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the site.
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Prohibited Uses:You agree not to us nor may you allow others to, directly or indirectly:
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sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
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transfer the Content to any other person without our prior written explicit consent;
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use this Site in any manner that could damage, disable, overburden or impair this Site;
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upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
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interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
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infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
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disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
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use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
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use or attempt to use another's account, password, service, system or other information without our prior written, or create or use a false identity on this Site;
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transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
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use this Site or attempt to use this Site for any purpose which is unlawful or prohibited by any local, state or federal law;
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upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
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attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
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You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
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Information: This Site has information posted by other users of the Site. We do not verify the correctness of such information nor do we have any control over such information. You must verify such information before you act on them. You act on such information entirely at your risk. You expressly agree to post only accurate, correct and true information. You shall update and keep correct all information you post on this Site. By paying for a paid listing, you agree and understand a competitor can have an advertisement on the same page as your advertisement
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Indemnity: You agree to defend, indemnify and hold harmless hometowncruisenight.com, its owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your posting of information on this Site or the use of the information you posted in this Site by others.
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Relationships: You expressly acknowledge that no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended to be created by this Agreement.
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Disputes: If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
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Choice of law:This Agreement shall be deemed to have been made and performed exclusively in Illinois, USA and shall be governed by and construed under the laws of Illinois and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of hometowncruisenight.com for any claim related hereto, arising from or in connection with this Agreement and agree not to bring any action, claim, suit or proceeding against hometowncruisenight.com or any officer, director, partner or employee thereof in any jurisdiction other than hometowncruisenight.com.
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Choice of law: This Agreement shall be deemed to have been made and performed exclusively in Illinois, USA and shall be governed by and construed under the laws of Illinois and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of hometowncruisenight.com for any claim related hereto, arising from or in connection with this Agreement and agree not to bring any action, claim, suit or proceeding against hometowncruisenight.com or any officer, director, partner or employee thereof in any jurisdiction other than hometowncruisenight.com.
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General: The Visitor Agreement, Privacy Policy and Copyright Policy are a binding part of this Agreement and together with this Agreement constitute the entire agreement between hometowncruisenight.com and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of this Agreement must be commenced within six months after the claim or cause of action arises.
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Violation: We reserve the right to terminate your account or restrict your access to this Site if you violate any terms of this Agreement or if we are required by law to do so.
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Contacts: If you have any questions about this agreement, please contact us. Our contact details:
hometowncruisenight.com
PO Box 3541
Barrington, IL 60011-3541
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