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Moveandstay.com
provides you access to the Moveandstay.com website for
advertising purposes, subject to your compliance with
the terms and conditions below (the "Agreement").
Please read this Agreement carefully.
By
enrolling as an "Advertiser", you agree to
be bound by these terms and conditions, including all
payment terms (collectively, the "Agreement").
In this Agreement, "you" and "your"
refers to the Advertiser.
Definitions
For purposes of this Agreement, an "Ad" is
a HTML text and a hyperlink to an external website,
and "Moveandstay.com Advertising" is the process
by which Advertisers have Ads placed on the Moveandstay.com
website at www.moveandstay.com,
subject to Moveandstay.com's policies.
Moveandstay.com
reserves the right to not place your Ad(s), and/or discontinue
your Ad(s), should they be considered inappropriate
for any reason by Moveandstay.com administrators. In
all cases Ads must be submitted in the form requested
by Moveandstay.com.
Payment
You agree to pay Moveandstay.com all applicable charges
to your account in United States dollars, in accordance
with the terms of this Agreement, including, if any,
all applicable taxes. You agree that deposits to your
account are nonrefundable, except as specified in the
section entitled "REFUNDS".
You
agree and represent that all information you provide
for the purpose of enrolling as an Advertiser will be
accurate, complete and current. Your right to access
your account with Moveandstay.com is subject to any
limits established by Moveandstay.com, its contractors,
or by your credit/charge card issuer.
If
payment cannot be charged to your credit/charge card,
for whatever reason, or if there is a chargeback for
any reason, Moveandstay.com reserves the right to either
suspend or terminate your account with Moveandstay.com.
Suspension or termination includes but is not limited
to, removal of your Ads from the Moveandstay.com website.
You may pay Moveandstay.com by credit card, charge card,
check or wire transfer.
Premium
Sponsorship
You understand and agree that, if you select this advertising
program, you will be charged for the amount pre-selected
by you (1 month, three months or six months). Payment
must be made in advance before Moveandstay.com administrator
can put your Ad online.
Pay-Per-Lead
You understand and agree that, if you select this advertising
program, you will be charged each time a user click
on your text link, and that such charges will be based
on the number of clicks as tracked by Moveandstay.com,
multiplied by Moveandstay.com current rate. You understand
and agree that if your account balance reaches zero,
your Ad(s) will no longer appear on the Moveandstay.com
website, until funds are deposited into your account.
Trial
Offers
Trial offers are NOT renewable and are limited to one
property per account AND per company.
Refunds
Refunds will in all cases be limited to your account
balance at the time of refund, less any bonus deposits
contributed by Moveandstay.com during the life of your
account. You will be entitled to a refund under the
following conditions:
(a)
Your account is terminated by Moveandstay.com.
(b)
Moveandstay.com discontinues Advertising services or
otherwise becomes unable to provide Advertising services.
(c)
Advertising rates are increased for Moveandstay.com
website pages on which you have Ads in place and you
request termination of your account within 7 days following
such rate increases. Moveandstay.com will provide email
notification to all affected Advertisers of such rate
increases a minimum of 48 hours in advance of the rate
increase taking effect.
(d)
No refund will be granted for Premium Sponsorship advertisers
unless paragraph (b) occurs.
Advertiser's
Rights and Responsibilities
(a) Advertiser Submissions: You may submit your material
for your Ad(s) either by email sent to advertising@moveandstay.com
or by using the Place Ads form accessible from your
account log-in located at www.moveandstay.com/advertising/,
or if you are modifying an Ad using the Ad editing form.
Moveandstay.com reserves the right to reject or remove
any Ad at its discretion.
You
represent and warrant that all information on the website
to which the Ad is linked, (i) does not violate
any law or regulation; (ii) does not infringe
in any manner any copyright, patent, trademark, trade
secret or other intellectual property right of any third
party; (iii) does not breach any duty toward
or rights of any person or entity including, without
limitation, rights of publicity or privacy, or has not
otherwise resulted in any consumer fraud, product liability,
tort, breach of contract, injury, damage or harm of
any kind to any person or entity; (iv) is not
false or misleading; and/or (v) is neither defamatory,
libelous, slanderous or threatening.
(b)
Accepting Moveandstay.com editorial authority: Moveandstay.com
reserves the right to edit or refuse any Ad at its discretion
at any time.
Your
Site
You hereby acknowledge that Moveandstay.com is not responsible
for the maintenance of your website(s) nor is Moveandstay.com
responsible for order entry, payment processing, shipping,
cancellations, returns or customer service concerning
orders placed on your website(s).
You must update your Ad(s) if any information is not
a current and accurate description of information available
on your website. You further acknowledge that your site
does not contain any Moveandstay.com owned or licensed
content except pursuant to a separate signed affiliate
agreement with Moveandstay.com.
Representations
and Warranties
You represent and warrant that you have sufficient authority
to enter into this Agreement. You represent and warrant
that each of your Ads meets and shall meet the standards
and requirements of the Advertiser Rights and Responsibilities
section above.
Indemnification
You hereby agree to indemnify and hold harmless Moveandstay.com,
its information providers, licensors, licensees, consultants,
contractors, agents, attorneys and employees from any
and all liabilities, costs and expenses, including,
without limitation, reasonable attorney's fees, that
may arise from your use of Moveandstay.com Advertising
and/or your website and/or your breach of the terms
of this Agreement, including, without limitation, the
breach of any representation or warranty.
You
agree to be solely responsible for defending any claim,
and for payment of damages or losses resulting from
the foregoing to both a third party and Moveandstay.com.
Moveandstay.com reserves the right to terminate or suspend
the account of any Advertiser that may violate any of
the terms in this Agreement.
Warranty
Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF MOVEANDSTAY.COM
ADVERTISING IS AT YOUR OWN RISK. MOVEANDSTAY.COM ADVERTISING
IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER MOVEANDSTAY.COM
NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES,
EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS
MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING
MOVEANDSTAY.COM ADVERTISING, THE SUCCESS OF YOUR AD(S)
AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR
PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION
WITH MOVEANDSTAY.COM AND/OR MOVEANDSTAY.COM ADVERTISING
OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF.
MOVEANDSTAY.COM
HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION
PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS,
AGENTS, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL
WARRANTIES INCLUDING, WITHOUT LIMITATION(1) ANY WARRANTIES
AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF MOVEANDSTAY.COM
ADVERTISING AND/ OR INFORMATION, PRODUCTS OR SERVICES
AVAILABLE THROUGH MOVEANDSTAY.COM ADVERTISING; AND (2)
ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. ANY LIABILITY
OF MOVEANDSTAY.COM, ITS INFORMATION PROVIDERS, LICENSORS,
LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ATTORNEYS
OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL
USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID
BY YOU TO MOVEANDSTAY.COM FOR PLACEMENT OF ADS IN THE
PRIOR SIX MONTH PERIOD.
IN
NO EVENT SHALL MOVEANDSTAY.COM, ITS INFORMATION PROVIDERS,
LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS,
ATTORNEYS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE MOVEANDSTAY.COM
ADVERTISING OR FOR ANY BREACH OF WARRANTY. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU
AGREE THAT YOU WILL NOT HOLD MOVEANDSTAY.COM RESPONSIBLE
FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS,
OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH
MOVEANDSTAY.COM ADVERTISING, INCLUDING, WITHOUT LIMITATION,
THOSE WITH WHOM MOVEANDSTAY.COM CONTRACTS TO OPERATE
VARIOUS PORTIONS OF MOVEANDSTAY.COM ADVERTISING AND
THOSE TO WHOM MOVEANDSTAY.COM PROVIDES LINKS TO FOR
CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
Cancellation
or Termination
If you are dissatisfied with Moveandstay.com Advertising
or with any of the terms and conditions contained herein,
your sole and exclusive remedy is to terminate your
account.
You may cancel your participation in Moveandstay.com
Advertising at any time by sending a message to advertising@moveandstay.com.
Notwithstanding anything contained in this Agreement
to the contrary, Moveandstay.com may, in its sole discretion,
terminate your account, and discontinue your participation
in Moveandstay.com Advertising.
Reasons
for Moveandstay.com's determination to so terminate
or discontinue your account or participation as provided
for above include, but are not limited to, if Moveandstay.com
believes that you violated this Agreement or other policies
or guidelines of Moveandstay.com, or if Moveandstay.com
believes your conduct may be harmful to other consumers,
advertisers or licensees who participate in (or offer
to its users) Moveandstay.com Advertising.
All
decisions made by Moveandstay.com in this matter will
be final and neither Moveandstay.com nor its licensees
(or distributors) shall have any liability with respect
to such decisions.
IMPORTANT:
CANCELLATION OR TERMINATION MAY ENTITLE YOU TO A REFUND.
PLEASE SEE THE SECTION ENTITLED "REFUNDS"
FOR MORE INFORMATION.
Use
of Moveandstay.com Advertising Submissions
By submitting material to Moveandstay.com Advertising
you are irrevocably granting Moveandstay.com the right
to use all parts of the material, without limitation,
as if it were in the public domain.
Notices
Moveandstay.com may give notices to you by electronic
mail to your email address. You may give notice to Moveandstay.com
by email to advertising@moveandstay.com.
Choice of Law
This Agreement shall be construed and controlled by
the laws of the Kingdom of Thailand. Any dispute arising
from this Agreement, including, without limitation,
a breach of this Agreement, shall be governed by the
laws of the Kingdom of Thailand, without regard to its
conflict of laws principles. You agree to submit to
the jurisdiction of the Kingdom of Thailand.
Other
This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or
oral, between you and Moveandstay.com.
Moveandstay.com
may change this Agreement at any time upon notice published
on Moveandstay.com Advertising or any one of Moveandstay.com's
Web sites or by email notification to you.
Any
use of Moveandstay.com Advertising after such notice
shall be deemed to be continued acceptance of this Agreement
including its amendments and modifications. Moveandstay.com
reserves the right to discontinue offering Moveandstay.com
Advertising at any time.
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