There are over a billion sport sites…and then there’s MyLifeSports.net…………and it’s “All About You”
1.1 The terms are incorporated into each agreement entered into between the online publisher and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these terms.
1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:
"Online publisher" means MyLifeSports, LLC and for the purpose of this document will be identified as MLS.
"Advertiser" means the person or company identified on the order form.
"Insertion order" means advertising procedure.
"Website" means the particular website as detailed on the insertion order.
3.1 Receipt of a completed Advertising placement order will be considered as acceptance of the order and the terms & conditions of the contract.
3.2 Receipt of email confirmation of an order will be considered as acceptance of terms & conditions of the contract.
The advertiser warrants and represents to the online publisher that:
(1) It has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
(2)It has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;
(3) It will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advertisement displayed by the online publisher.
The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services.
The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defense of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.
5) The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice. Any changes will not affect prepaid and preordered advertising.
5.1) The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.
5.2) Optimized web pages containing your company name and information may be submitted to search engines at the expense of the online publisher.
5.3) Positioning of advertisements.
6) Cancellation Policy: After a campaign has started all advertisements must run their contracted duration as per the insertion order form. If the Advertiser decides to cancel any portion of their campaign it will be at their sole cost and expense. MLS will not refund any unused portion.
7) All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement.
8) The online publisher will notify the advertiser by email that their advertisement has been added to the website.
8.1) The agreed duration will begin from notification by the online publisher.
8.2) The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.
8.3) The content of all ads incorporating data provided by a third party is not subject to the advertiser's prior approval but no warranty is given by the online publisher with relation to the accuracy of such advertisements. The online publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the online publisher's rights hereunder. The online publisher makes no warranty, express or implied, as to the accuracy of any advertisement. In the event that any advertisement is inaccurate, the advertiser's sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.
9) All insertion orders are accepted subject to provisions of the current rate card. Rates are subject to change upon notice from the publisher. In the event of a rate increase during the period of the insertion order, the remaining period of the insertion order will not be affected.
10) Limitation of Liability The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).
Nothing in these terms and conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 8 above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
The advertiser acknowledges that any website on which an advertisement is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
11) The online publisher shall have the right to hold the advertiser or its agent liable for such payments as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.
12) No conditions other than those set forth in the rate card shall be binding on the online publisher unless specifically agreed to in writing by the online publisher.
13) The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.
14) No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.
The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
All advertising rates are net and are paid immediately after confirming the advertising placed. MLS utilizes the services of PayPal for its billing. Credit cards accepted include, American Express, Discover, MasterCard and Visa.
For Media Formats and Advertisement Sizes please refer to our Advertising Formats feature in the Media Kit.
Please refer to the Pricing feature of our Media Kite for pricing on Tier 1 and Tier 2 sports.
19) MLS offers Personalized Sport Home Page options for its members. Please refer to our Personal Home Pages feature in our Media Kit. It will direct you to Creating Your Own Sports Home Page for options offered.
20) For members who would prefer to be the exclusive “Blogger" for any of our Sport Home Pages, please refer to our Exclusive Blogging feature in our Media Kit
MLS will create Advertisements for its members from your logos or graphic files or new design, through an engagement contract negotiated and executed by all parties.
The Advertisement can be changed daily.
The maximum file size for a Advertisement is 15k bytes. We will contact you if a Advertisement is larger than the requested maximum size permitted.
There is no start-up cost.
The contract is paid in advance and is automatically terminated at the end of this period should no further arrangements be made. If you wish to maintain a specific position on the page, we will contract for your specified period.
Once an advertising order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing. Due to the high volume of orders we receive we will be unable to cancel an order after submitted. Please order carefully.
MLS reserves the right to change, amend or eliminate advertising policies with 30 days advance notice. Submitting an advertisement for publication or distribution represents the advertiser's agreement to abide by the policies of MLS.
Advertisers who purchase ad impressions from MLS on any of our online locations or sites must have either the company's registered URL or name in one of the frames of the ad. Under no circumstances do we accept advertising without identifying the company. The advertiser agrees that it is responsible to third parties for the content of advertisements placed. In the event that MLS becomes liable to any third party as a result of an advertisement, the advertiser agrees to indemnify any or all of them for damages owed to the third party and for the fees and costs associated with the controversy.
The publishers reserve the right to edit, reject or cancel any advertisement at any time, before or after placement. MLS online publication does not accept online advertising for massage, escort services, astrology, (900) numbers, gambling, NC-17 or X-rated movies, or any site deemed to contain pornographic material. Neither will MLS knowingly accept advertising for a book, motion picture or product involved in pending litigation.
Publishers reserve the right to review all potential advertisers' Web sites at any time, before or after placement, to determine whether they are deemed "site aggregators." Generally, a site aggregator is viewed as a site that acts as a portal/destination site containing content and advertising from multiple entities. Publishers reserve the right to reject advertising that is deemed competitive or contrary to the best interests of the company.
Advertising agencies who wish to purchase space within our online sites must meet the following criteria:
1. Space must be purchased by a single specific advertising representative.
2. All Advertising Agencies must execute a Media Agency Agreement with MLS, which must be signed and acknowledged by all parties before any advertisement placement can occur.
3. Contracts for space must be signed by the advertiser, and a signed agency agreement must accompany the contract.
31) For the media and sponsors, MLS also provides for reciprocal media bartering and affiliation for companies interested in offering their services to our members. Contact mlsachokov@optimum.net with inquiries of interest in participating in these programs.
32) MLS reserves the right to reject any advertisement at any time after receipt of proof of text, copy and/or illustrations, even though a prior similar order may have been approved. MLS shall have the right to omit any advertisement when the space allotted to advertising has been filled. Unintentional or inadvertent failure to publish advertising invalidates the insertion order for that issue only. Failure of MLS to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall MLS be liable for damages thereof. In such event, Advertiser shall have the option of having such advertisement printed in a future issue under these Terms and Conditions or of having no charge for such advertisement not inserted. Advertisements already run shall be paid for at rates as noted in our Placement Option of this agreement. MLS reserves the right to require any advertising to be labeled "advertisement."
33) MLS shall not be liable for any damages for failure to fulfill an order for any reason whatsoever, including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, Advertiser’s sole remedies shall be those in paragraph 4 above.
34) Any specification or order for the use or non-use of any particular page or position where the advertisement is to be inserted shall be treated as a request only, and MLS shall not be obligated to comply with said request. In the event said request for position is granted, Advertiser shall pay an additional position charge.
35) In the event MLS must employ an attorney to collect sums due hereunder or to enforce compliance by Advertiser with any of the terms of this Agreement, Advertiser shall pay to MLS attorney’s fees and other costs incurred by MLS in connection with any legal actions and appeals thereof.
36) Advertiser shall indemnify MLS and hold MLS harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against MLS on grounds alleging that any advertisement submitted hereunder by or on behalf of Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser agrees at Advertiser’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against MLS, provided that MLS shall promptly notify Advertiser with respect thereto. The Advertiser shall reimburse MLS for any amount paid by MLS in settlement of claims or in satisfaction of judgments obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs.
This writing contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties. Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties hereto that they would have executed the remaining portion of this Agreement without including therein any such part, parts, or portion which may, for any reason, be hereafter declared invalid.
This Agreement shall be construed under the laws of the State of New Jersey. Venue for any legal actions regarding this Agreement shall be in the State of New Jersey.
For questions regarding this agreement, please contact mlsads@optimum.net. or mail inquiries to: P.O. Box 176, Brielle, New Jersey 08732