Advertising Terms & Conditions

Effective date: 03/22/2009

1. Acceptance:

1.1  By submitting an advertisement request to chapterTWIST.COM (”website”) you (”advertiser”) signify your agreement to these terms and conditions. Advertiser means the entity identified in the enrollment form, and/or any agency acting on its behalf, which shall also be bound by these terms and conditions. If you do not agree to any of these terms you are required to notify website in writing prior to making any payment.

1.2  Website reserves the right to, and in their sole discretion may, at any time review, edit, reject, modify, or remove any advertisement.

2. Content:

2.1 chapterTWIST.com owner does not accepts advertising that contains: (1) pornography, (2) explicit adult content, (3) moral questionable content, (4) illegal content of any kind, (5) illegal drugs promotion, (6) racism, (7) political content, (8) religious content, and/or (9) fraudulent suspicious content. Any advertising and/or target web site containing said content will result in immediate deactivation of advertisement without refund.

3. Termination, Cancellation:

3.1  Website may at any time, in its sole discretion, terminate this Agreement. Website agrees to notify you via email of any such termination which shall be effective immediately. Website agrees to refund any unused portion of “Blocks” purchased except in any instances of failure to comply with terms and conditions. Advertiser may at any time cancel advertisement with or without cause. Cancellation shall be effective when website receives your notice in writing. No refund will be made for any unused portion of “Blocks” purchased for any reason.

4. Advertiser Responsibilities:

4.1  Advertiser is responsible for their site and/or service advertised. Advertiser is solely responsible for the image creation, text and content of ads, including URL links. Website is not responsible for anything regarding your Advertiser’s site(s) including, but not limited to, maintenance of site(s), order entry, customer service, payment processing, shipping, cancellations or returns.

4.2  Advertiser represents and warrants that (1) all of the information provided by you to chapterTWIST.com for enrollment is correct and current; (2) you hold all rights to permit chapterTWIST.com to use, reproduce, display, transmit and distribute your ad(s); and (3) your target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed (a) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (b) encourage conduct that would violate any criminal or civil law.

Advertiser further represents and warrants that any site linked to your ad(s) (1) complies with all laws and regulations in any state or country where the ad is displayed; (2) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (3) is not false, misleading, defamatory, libelous, slanderous or threatening.

5. Confidentiality:

5.1  Each party agrees not to disclose confidential information of the other party without prior written consent except as provided herein. “Confidential Information” includes (1) ads, prior to publication, (2) submissions or modifications relating to any advertising campaign, (3) click through rates or other statistics (except in an aggregated form that includes no identifiable information about you), and (4) any other information designated in writing as “Confidential.” It does not include information that has become publicly known through a breach unrelated to either party, or has been (a) independently developed without access to the other party’s confidential information; (b) rightfully received from a third party; or (c) required to be disclosed by law or by a governmental authority.

6. Guarantee:

6.1  Advertiser acknowledges and agrees that website, their affiliates, partners and third-party service providers make no guarantee regarding the levels of impressions or clicks for any advertisement purchased. Advertiser further acknowledges that website, their affiliates and third-party service providers act as a passive conduit for the online distribution and publication of chapterTWIST.com submitted information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by users. Website, their affiliates and third-party service providers do not warrant or make any representations regarding the use or the results of the use of the materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise.

7. Warranty:

7.1 chapterTWIST.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

8. Jurisdiction:

8.1  Website is based in Summerville, South Carolina, in the United States of America. Website makes no claim that the content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the content may not be legal by certain persons or in certain countries. If you access Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

8.2  You expressly agree that exclusive jurisdiction for any dispute with Website, or in any way relating to your use of the Site, resides in the courts of the State of South Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of South Carolina in connection with any such dispute, including any claim involving Website and/or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

8.3  This agreement, Website, and the use of information (including personally identifiable information) provided or accessible through Website, are governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles.

9. Indemnity:

9.1  You agree to defend, indemnify and hold harmless chapterTWIST, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to Website, your violation of any rights of another, or your use of any content on or accessible through Website.

10. Limitations on Actions:

10.1  Any action concerning any dispute with respect to Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

11. Severance:

11.1  If any part of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms of Service is given effect to the fullest extent possible.

12. Interpretation:

12.1  The paragraph headings in this agreement are included to help make agreement easier to read and have no binding effect. As used in this agreement, the words “include” and “including” are meant to be illustrative and not exhaustive.

13. Payment, Pricing:

13.1  Advertiser agrees to pay in advance the cost of the advertising. chapterTWIST.com will not setup any ads until payment process is complete.

13.2  Website may change its pricing at any time without prior notice. Advertiser’s pricing structure will remain unchanged until renewal.

14. Miscellaneous:

14.1  Any decision made by website under this Agreement shall be final. Website shall have no liability for any such decision.

14.2  Advertiser will be responsible for all reasonable expenses (including attorneys’ fees) incurred by website in collecting unpaid amounts under this Agreement.

14.3  This comprises the entire agreement between advertiser and website and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein. Neither party has relied on any representations made by the other that are not expressly set forth in this agreement.

We suggest that you print out a copy of these Terms for your records.

back to: Enrollment Form