Legal

Advertiser Terms of Service

TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY: Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which Users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with Streamys, LLC’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Streamys, LLC for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify Streamys, LLC (the “Publisher”) and to hold Streamys, LLC’s officers, management, employees and assigns, harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses (including damage awards and settlement amounts) that may be incurred by Streamys, LLC, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties, or arising out of Advertiser’s use of Streamys, LLC’s advertising services, or Advertiser’s Web site. Advertiser agrees to request that Streamys, LLC be listed as an additional insured on any policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.

LIMITATION ON DAMAGES: IN NO EVENT WILL STREAMYS, LLC BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT STREAMYS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Scheduled Maintenance and Downtime
Streamys, LLC will use its commercially reasonably efforts to provide services and access to its network of sites twenty-four (24) hours a day, seven (7) days a week. Advertiser acknowledges that from time to time the services and network of sites may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (”Scheduled Downtime”); or service malfunctions, and causes beyond Streamys, LLC’s control or which are not reasonably foreseeable by Streamys, LLC, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, natural disasters, acts of god, or network congestion or other failures. From time to time Streamys, LLC may provide advance notice to the Advertiser of Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers.

Advertising Ownership
All advertising copy and/or illustrations prepared by Streamys, LLC become the property of Streamys, LLC and may not be reproduced for any other use without explicit prior approval. Publisher reserves the right to refuse any ad at any time. Receipt of copy and/or payment does not supersede Publisher’s right to refuse publication.

Payment
Streamys, LLC reserves the right to hold the Advertiser liable for any and all amounts owed. If payments are not made in a timely manner, Streamys, LLC, at its option, may terminate this Agreement immediately. All fees are payable in US Dollars and in advance of the setup and commencement of display of any advertisement. All Advertisement fees are completely non-refundable.

The law applicable to the interpretation and construction of these Advertiser Terms of Service and to the use of the site and any information provided on the site, shall be the laws of the State of California, USA, without regard to conflict of laws. All proceedings relating to the site, or these Advertiser Terms of Service, shall be brought only in the state or federal courts of Los Angeles County, Los Angeles, California, USA.