1. Advertiser agrees to be bound by all terms of this agreement. Publisher reserves the right to change the terms or alter the features of this advertising at any time.
2. Advertiser agrees that they have read and agree to all terms and conditions of this agreement.
3. Publisher's content (including, but not limited to text, photographs, graphics, video and audio content) is protected by copyright as a compilation or collective work. By posting an advertisement, Advertiser gives Publisher the right to advertise such content on Publisher's site.
4. Except for ads Advertiser has posted on Publisher's site, Advertiser may not reproduce, distribute, publish, enter into a database, display, modify, perform, create, transmit or in any way exploit any part of Publisher's site, except for Advertiser's own personal use. Advertiser may not distribute any part of Publisher's site over any network, including a local area network, nor sell or offer it for sale. Advertiser may make one copy or print one copy limited to occasional articles of personal interest only. These files may not be used to construct any kind of database.
5. Publisher's website has been specially designed to present the content in a format and appearance for our viewers. No third party has the authority to display any portion of Publisher's service or to copy the "look and feel" of Publisher's website.
6. Publisher respects the copyrights of others. If Advertiser believes that Advertiser's copyrighted work has been reproduced on Publisher's site without authorization in a way that constitutes copyright infringement Advertiser may notify Publisher's designated agent by mail to:
Ron Rosenwasser, Attorney At Law
Friedman, Rosenwasser & Goldbaum P.A.
5355 Town Center Road, Suite 801
Boca Raton, FL 33486
This refers to copyright infringement only.
7. Advertiser will be responsible for all charges set forth in this agreement. Advertiser may not transfer, sell, or otherwise assign Advertiser's rights or obligations of this agreement without written authorization from Publisher.
8. Advertiser agrees to indemnify and hold harmless floridadesign.com, inc., its directors, officers, shareholders, affiliates, agents, and licensors from and against all losses, damages and costs, expenses, including reasonable attorney's fees resulting from any violation of this agreement. floridadesign.com, inc. reserves the right to take over the exclusive defense or any claim for which Publisher is entitled under this section. Advertiser shall provide Publisher with such cooperation as is reasonably requested by Publisher.
9. Publisher does not warrant that the internet service provided will be error free or uninterrupted. There may be delays, interruptions, omissions or errors. Publisher is not responsible for the availability or content of other services that may be linked to our site. Publisher reserves the right to correct errors or omissions on our site. Although Publisher intends to take reasonable steps to prevent the introduction of worms, viruses or other destructive material to our site, Publisher does not guarantee or warrant that its services or materials that may be downloaded from this service do not contain such harmful features. If Advertiser relies on this service and any materials available through this service, Advertiser does so at their own risk. Any claim against Publisher is limited to the cost of the ad istself.
10. Verbal ad cancellation, changes or creations are not valid. Request must be in writing by email to email@example.com, fax or certified mail. Cancellation without penalty after 13 weeks with 10 day advanced notice.
11. Publisher will use reasonable care to protect all production material, but shall not be liable for damage or loss. Such material may be destroyed unless called for within 60 days of issue date. Publisher and Advertiser agree that Publisher will not return artwork unless requested by Advertiser and 6 months after being online. This agreement is for computer sizes 7.75" x 6" or larger. Mobile devices may require different position situations, design, text, photos, etc. In order to make our site mobile user friendly
12. The Publisher will not be bound by any conditions or provisions not stated in this Agreement or in the rate card.
13. Acceptance of all advertising is subject to Publisher's approval and agreement by the Advertiser to indemnify and protect the Publisher from any loss or expense on claims or suits based upon contents of the subject matter of such advertisements. This includes, but is not limited to suits for libel, plagiarism, copyright, infringement and unauthorized use of a person's name or photograph.
14. Advertiser and agency, jointly and separately agree to indemnify and hold Publisher, its officers, agents and employees harmless from and against any loss or expense arising out of publication of material appearing in advertisements submitted by them, including but not limited to the Publisher's expenses in connection with the defense against any suit or proceeding arising from the claim that publication of material appearing in advertisements submitted to it for publication was in violation of a law imposed by the United States or by any state or subdivision thereof.
15. Number of hits, page-views and site visitors and other statistics are estimates and may vary throughout this agreement. Floridadesign.com make no guarantee of results.
16. Publisher may reject or cancel any advertising for any reason at any time.
17. Publisher may raise Advertisers contract rates in this agreement with 60 days notice to Advertiser. If Advertiser elects not to pay the rate increase, Advertiser may cancel contract without penalty.
18. Advertiser represents and warrants to Publisher that any artwork provided and/or Advertiser internet sites linked to floridadesign.com, inc.: do not violate any laws, including but not limited to those regarding the distribution or pornography or false advertising, do not infringe on any property rights of any third party, are not defamatory, and do not contain any destructive or contaminating features. Advertiser agrees that they have usage rights for all artwork, photography, and any other work submitted.
19. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties. This is a confidential agreement between the Publisher and Advertiser.
20. This agreement shall be governed by the laws of the United States and the State of Florida.