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HauntedHouse.com Advertiser Terms and Conditions
1. INTRODUCTION: Haunt Holdings, LLC provides you access to the HauntedHouse.com web site (defined below), as available through the HauntedHouse.com search engine results, subject to your compliance with these terms and conditions. Please read these terms and conditions carefully.
By enrolling as an "Advertiser," you agree to be bound by these terms and conditions, the terms of any Programs in which you enroll, and the terms and conditions of any Insertion Order that you complete (either online as part of the Online Sign-Up form, or offline, when enrolling as an Advertiser, each an "Insertion Order"), including all payment terms (collectively, "Agreement"). In this Agreement, "you" and "your" refers to the Advertiser. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the HauntedHouse.com Online Advertising Campaign, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by this Agreement whether you are acting on your own behalf or on behalf of a third party, including another advertiser.
2. USE: You agree that your listing(s), including your domain name, may be included in the HauntedHouse.com Search Results and may be made available in connection with HauntedHouse.com. A listing, for purposes of this Agreement, may include, at HauntedHouse.com's discretion, text and/or graphics, and is subject to HauntedHouse.com's approval and the terms of this Agreement. All information regarding your site or event submission must be submitted in the form requested by HauntedHouse.com. HauntedHouse.com reserves the right to edit, refuse, reject or remove any listing at its discretion at any time.
3. PAYMENT: You agree to pay HauntedHouse.com for all charges to your account in United States dollars, in accordance with this Agreement and the terms of the Programs (as defined in Section 6 below) and/or Payment Plans (as defined in Section 7 below) you select (as such Programs and/or Payment Plans may be updated by HauntedHouse.com from time to time), including, if any, all applicable taxes, in accordance with billing terms in effect at the time the charges become payable. You agree that any fees are non-refundable.
4. ACCESS: For purposes of this Agreement, all Web pages that HauntedHouse.com owns, operates or hosts are referred to herein as the "HauntedHouse.com Web Sites." You are, if applicable, authorized to access the HauntedHouse.com Web Sites solely to manage your advertising account(s) and conduct searches for your own personal use. You agree that you will not use the site or any content therein for any other purpose and that you will not disseminate, distribute or redistribute any of this information. Your right to access your account with HauntedHouse.com is personal to you and non-assignable and is subject to any limits established by HauntedHouse.com. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with HauntedHouse.com or to monitor or copy the HauntedHouse.com Web Sites or the content contained therein. The HauntedHouse.com Web Sites contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the HauntedHouse.com Web Sites. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by HauntedHouse.com).
5. ADVERTISING FEES: Your listings in the HauntedHouse.com Online Advertising Campaign are subject to HauntedHouse.com's the current fee structure as delineated on our Featured Listings web page.
6. ADDITIONAL PROGRAMS: From time to time, HauntedHouse.com may offer you the opportunity to enroll in additional programs or to purchase additional products and/or services or to receive additional information from HauntedHouse.com (collectively and individually "Programs"). If you enroll in such Programs, you agree to be bound by the terms and conditions of such Programs ("Program Terms"), including the payment obligations of such programs.
7. ADVERTISER'S RIGHTS AND RESPONSIBILITIES: (a) Advertiser Submissions: You may submit your material for your listings either by email; file transfer protocol; telephone; fax; U.S. Mail; or at the Online Sign-Up form located at http://www.HauntedHouse.com/submit/. You represent, warrant, and covenant that the Selected Keywords, and all information, in the listing itself or through the Web site to which the listing links, (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.
8. YOUR SITE: You hereby acknowledge that HauntedHouse.com is not responsible for the maintenance of your Web site(s) nor is HauntedHouse.com responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on Advertiser's Web site(s). You must update your listings if any information is not a current and accurate description of information available on your Web site, and represent, warrant, and covenant that the Web site to which any listing links will look the same to all end users regardless of the end users' location. Despite being a paid advertiser, You are still required to link back to the HauntedHouse.com web site. You further acknowledge that your site does not contain any HauntedHouse.com owned or licensed content, including but not limited to, any HauntedHouse.com listings, except pursuant to a separate Link2Us or affiliate agreement with HauntedHouse.com. You hereby grant HauntedHouse.com the irrevocable right to access, index, cache, and display (in connection with your listings) the Web site(s) to which your listings link, or any portion thereof, including by any automated means including web spiders or crawlers. This grant specifically includes HauntedHouse.com's right to create and display copies of any and all text, graphics, images, audio, video, and all other material included or found on such Web sites or portions thereof, including the right to create and display thumbnail and full-scale copies of any images or video included on or found on such Web sites or portions thereof.
9. CONFIDENTIALITY: "Confidential Information" means any information disclosed to you by HauntedHouse.com, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by HauntedHouse.com; (ii) becomes publicly known and made generally available after disclosure to you by HauntedHouse.com other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, at the time of disclosure by HauntedHouse.com as shown by your files and records immediately prior to the time of disclosure. You shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information, (b) use any Confidential Information, or (c) reproduce or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you or as required by applicable law. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain HauntedHouse.com's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to HauntedHouse.com immediately upon HauntedHouse.com's request. You may not issue any press release or other public statement regarding this Agreement, HauntedHouse.com, and/or its affiliated companies or subsidiaries without HauntedHouse.com's prior written consent.
10. REPRESENTATIONS AND WARRANTIES: You represent, warrant, and covenant that you have sufficient authority to enter into this Agreement, and that each of your listings meets the standards and requirements of the Advertiser Rights and Responsibilities section above.
11. INDEMNIFICATION: You hereby agree to indemnify and hold harmless HauntedHouse.com, its parent, affiliated companies, subsidiaries, information providers, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise from your use of the HauntedHouse.com Online Advertising Campaign, Programs or other HauntedHouse.com Web sites and/or your Web site 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, subject to HauntedHouse.com's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from the foregoing to both a third party and HauntedHouse.com, provided that you will not agree to any settlement that imposes any obligation or liability on HauntedHouse.com without HauntedHouse.com's prior written consent. HauntedHouse.com reserves the right to terminate or suspend the account of any advertiser that may violate any of the terms in this Agreement.
12. WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN AND PROGRAMS IS AT YOUR OWN RISK. THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, AS WELL AS THE HAUNTEDHOUSE.COM WEB SITES, ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER HAUNTEDHOUSE.COM NOR ANY OF ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE HAUNTEDHOUSE.COM DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, THE HAUNTEDHOUSE.COM WEB SITES, THE SUCCESS OF YOUR LISTINGS AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH HAUNTEDHOUSE.COM, PROGRAMS, THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, THE HAUNTEDHOUSE.COM WEB SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. HAUNTEDHOUSE.COM HEREBY DISCLAIMS ON BEHALF OF ITSELF, PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE HAUNTEDHOUSE.COM DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, OR THE HAUNTEDHOUSE.COM WEB SITES AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, OR THE HAUNTEDHOUSE.COM WEB SITES; 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.
13. LIMITATION OF LIABILITY: ANY LIABILITY OF HAUNTEDHOUSE.COM, ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ENTITIES WITHIN THE HAUNTEDHOUSE.COM DISTRIBUTION NETWORK, ATTORNEYS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, 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 HAUNTEDHOUSE.COM PURSUANT TO THIS AGREEMENT IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL HAUNTEDHOUSE.COM, ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, ENTITIES WITHIN THE HAUNTEDHOUSE.COM DISTRIBUTION NETWORK, 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 THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, THE HAUNTEDHOUSE.COM WEB SITES, HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN RESULTS AND/OR THE SITES LINKED TO FROM THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN 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 HAUNTEDHOUSE.COM RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, PROGRAMS, THE HAUNTEDHOUSE.COM WEB SITES, THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN RESULTS AND/OR SITES LINKED TO FROM THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM HAUNTEDHOUSE.COM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN AND/OR PROGRAMS AND THOSE TO WHOM HAUNTEDHOUSE.COM PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION. WITHOUT LIMITING THE FOREGOING, HAUNTEDHOUSE.COM SHALL HAVE NO LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, ACTS OF TERRORISM, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, COMPUTER VIRUS, ACTS OF GOD, WAR, GOVERNMENTAL ACTION, OR ANY OTHER CAUSE THAT IS BEYOND HAUNTEDHOUSE.COM'S REASONABLE CONTROL.
14. CANCELLATION OR TERMINATION: If you are dissatisfied with the HauntedHouse.com Online Advertising Campaign, Programs or with any of the terms and conditions contained therein, your sole and exclusive remedy is to terminate your account in writing. You may cancel your participation in the HauntedHouse.com Online Advertising Campaign and/or Programs at any time. Notwithstanding anything contained in this Agreement to the contrary, HauntedHouse.com may, in its sole discretion, terminate your account, and discontinue your participation in the HauntedHouse.com Online Advertising Campaign, Programs the HauntedHouse.com Online Advertising Campaign Results or on any Web site or Third Party Product that is part of the HauntedHouse.com Distribution Network, or your use of any keyword or any listing. Reasons for HauntedHouse.com's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if HauntedHouse.com believes that you violated this Agreement or other policies or guidelines of HauntedHouse.com or of a Third Party Product (or other member of the HauntedHouse.com Distribution Network) that uses, licenses or distributes the HauntedHouse.com Online Advertising Campaign or Programs, or if HauntedHouse.com believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the HauntedHouse.com Online Advertising Campaign or Programs. All decisions made by HauntedHouse.com in this matter will be final and neither HauntedHouse.com nor its licensees (or distributors) shall have any liability with respect to such decisions.
15. REFUNDS: If HauntedHouse.com terminates your account or if you decide to terminate your account, and you provide notice to HauntedHouse.com, your account will be deemed terminated when HauntedHouse.com receives such notice. You will not receive a refund for any initial sign-up fees or ad fees.
16. USE OF HAUNTEDHOUSE.COM ONLINE ADVERTISING CAMPAIGN SUBMISSIONS: By submitting material to the HauntedHouse.com Online Advertising Campaign (including information for a listing) you are irrevocably granting HauntedHouse.com, its licensees, and any entities in the HauntedHouse.com Distribution Network, the right to use all parts of the material, without limitation, including modifying it or using it commercially and authorizing others to do so. HauntedHouse.com reserves the right to edit, refuse, reject or remove any listing at its discretion at any time.
17. GENERAL AD POLICIES. Featured Ad placements are on a first-come, first served basis and subject to availability. Ad rates are not prorated. The 2005 Featured ads expire March 1, 2006, however Advertiser can maintain their placement (ranking) if payment for the upcoming season is paid in full by the last day of the Transworld Show (March 14, 2006). If a visitor conducts a search, you are not guaranteed the top position(s) because it may depend on the keywords used by the visitor to conduct the search.
18. NOTICES: HauntedHouse.com may give general notices to you by posting on the HauntedHouse.com Online Advertising Campaign or www.HauntedHouse.com.com or any one of HauntedHouse.com's Web sites or, if possible, by electronic mail to the e-mail address provided by you to HauntedHouse.com. It is your responsibility to ensure that your e-mail address and any other contact information you provide to HauntedHouse.com is updated and correct.
19. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of California. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Long Beach, California. Any claim against HauntedHouse.com arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
20. ELECTRONIC SIGNATURES EFFECTIVE: (a) This Agreement is an electronic contract that sets out the legally binding terms of your use of the HauntedHouse.com Online Advertising Campaign, Programs, and/or the HauntedHouse.com Web Sites. You indicate your acceptance to the terms and conditions contained or referenced herein or in any Programs by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept this Agreement and/or any Programs and agree to the terms, conditions and notices contained or referenced therein. When you click on the "I Accept" button during enrollment, you also consent to have this Agreement provided to you in electronic form.
(c) Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.