INTRODUCTION: MySexMap Services, Inc. ("MySexMap") provides you access to the MySexMap Marketplace (defined below), as available through the MySexMap Distribution Network (as defined below), subject to your compliance with the terms and conditions below (the "Agreement"). Please read this Agreement carefully. By enrolling as an "Advertiser," you agree to be bound by these terms and conditions 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, the "Agreement"). In this Agreement, "you" and "your" refers to the Advertiser.
USE: For purposes of this Agreement, the "MySexMap Marketplace" is the process by which users search for a desired subject and Advertisers bid for placement of their search listing in the search results, subject to MySexMap's policies, for search terms corresponding to the desired subject. The MySexMap Marketplace takes the ongoing results of the bids for placement and produces search listings that are made available in connection with the MySexMap Distribution Network, where the "MySexMap Distribution Network" is defined as MySexMap's branded Web site at www.MySexMap.com and various authorized third parties who may be authorized to make the MySexMap Marketplace available as a link from, an add-on service to, or otherwise in connection with Web sites and/or applications (such web sites or applications are a "Third Party Product") that they control. Search listings may or may not be placed in the MySexMap Marketplace in MySexMap's search engine service as you indicate in your Insertion Order. MySexMap does not guarantee that your search listings will be available through any part of the MySexMap Distribution Network, and you understand that MySexMap reserves the right to not place your search listing, and/or discontinue to place your search listings on any site or application within the MySexMap Distribution Network. A search listing, for purposes of this Agreement, may include, at MySexMap's discretion, text and/or graphics, and is subject to MySexMap's approval and the terms of this Agreement. A search listing that appears as part of the MySexMap Distribution Network may (or may not) include, in the case of the search engine service, a search title and search description. In all cases information must be submitted in the form requested by MySexMap.
PAYMENT: You agree to pay MySexMap all applicable charges to your account in United States dollars, in accordance with the terms and conditions contained herein. You agree that $50 of your initial deposit is non-refundable. You understand and agree that, you will be charged for all clicks on your search listings, (no matter whether a click occurred on MySexMap's web site or a Third Party Product within the MySexMap Distribution Network), and that such charges will be based on the number of clicks on all your search listings, multiplied by the amount you have bid for each such search listing. You understand and agree that if the number of clicks on your search listings, multiplied by the amount you have bid on those search listings, exceeds your account balance, then your search listings will be removed from the MySexMap Marketplace. You may pay MySexMap by credit card, charge card, debit card, check or wire transfer. You agree and represent that all information you provide for the purpose of enrolling as an Advertiser will be accurate, complete and current. Your right to access your account with MySexMap is subject to any limits established by MySexMap, its contractors, or by your credit/charge/debit card issuer. If payment cannot be charged to your credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, or if you exceed your monthly maximum payment, MySexMap reserves the right to either suspend or terminate your account with MySexMap. Suspension or termination includes but is not limited to, removal of your search listings from the MySexMap Distribution Network.
ADVERTISER'S RIGHTS AND RESPONSIBILITIES: (a) Advertiser Submissions: You may submit your material for your search listing either by email; file transfer protocol; telephone; fax; U.S. Mail; or, for search listings for the MySexMap search engine only, at the Online Sign-Up form located at https://secure.MySexMap.com/cgi-bin/bidsearch/signup.cgi or, if you are modifying or adding a search listing, at our Secure Web Interface located at https://secure.mysexmap.com/cgi-bin/bidsearch/members.cgi . MySexMap reserves the right to reject or remove any search listing at its discretion. You represent and warrant that all information, in the search listing itself or through the Web site to which the search 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. (b) Accepting MySexMap Suggestions: MySexMap reserves the right to edit or refuse any search listing at its discretion at any time. From time to time, (or as part of a particular program) MySexMap may provide suggestions to you for search terms, title and/or descriptions or for any other element of a search listing but the final decision to authorize any suggestion is yours. Ideas provided by MySexMap are only suggestions. It is your responsibility to determine whether such suggested terms comply with the requirements of Advertiser Submissions section above. By using a search term, search title, search description and/or search listing that may have been suggested by MySexMap, you acknowledge that such search term, search title, search description and/or search listing is in compliance with the Advertiser Submissions Section above and with this Agreement.
YOUR SITE: You hereby acknowledge that MySexMap is not responsible for the maintenance of your Web site(s) nor is MySexMap 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 search listings if any information is not a current and accurate description of information available on your Web site. You further acknowledge that your site does not contain any MySexMap owned or licensed content, including but not limited to, any MySexMap search listings, except pursuant to a separate signed affiliate agreement with MySexMap.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that you have sufficient authority to enter into this Agreement. You represent and warrant that each of your search listings meets the standards and requirements of the Advertiser Rights and Responsibilities section above.
INDEMNIFICATION: You hereby agree to indemnify and hold harmless MySexMap, its information providers, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of the MySexMap Marketplace or other MySexMap 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, and for payment of damages or losses resulting from the foregoing to both a third party and MySexMap. MySexMap reserves the right to terminate or suspend the account of any advertiser that may violate any of the terms in this Agreement.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE MySexMap MARKETPLACE IS AT YOUR OWN RISK. THE MySexMap MARKETPLACE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER MySexMap NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE MySexMap DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MySexMap MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH MySexMap AND/OR THE MySexMap MARKETPLACE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. MySexMap HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE MySexMap 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 MySexMap MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE MySexMap MARKETPLACE; 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.
ANY LIABILITY OF MySexMap, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ENTITIES WITHIN THE MySexMap 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 MySexMap FOR PLACEMENT OF SEARCH LISTINGS IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL MySexMap, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, ENTITIES WITHIN THE MySexMap 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 MySexMap MARKETPLACE AND/OR THE SITES LINKED TO FROM THE MySexMap MARKETPLACE 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 MySexMap RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE MySexMap MARKETPLACE AND/OR SITES LINKED TO FROM THE MySexMap MARKETPLACE, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM MySexMap CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE MySexMap MARKETPLACE AND THOSE TO WHOM MySexMap PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
CANCELLATION OR TERMINATION: If you are dissatisfied with the MySexMap Marketplace or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You may cancel your participation in the MySexMap Marketplace at any time by logging into Secure Web Interface and using our Support Center.
Notwithstanding anything contained in this Agreement to the contrary, MySexMap may, in its sole discretion, terminate your account, and discontinue your participation in the MySexMap Marketplace (or on any Web site or Third Party Product that is part of the MySexMap Distribution Network ), or your use of any search term or any search listing. Reasons for MySexMap's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if MySexMap believes that you violated this Agreement or other policies or guidelines of MySexMap or of a Third Party Product (or other member of the MySexMap Distribution Network) that uses, licenses or distributes the MySexMap Marketplace, or if MySexMap believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the MySexMap Marketplace. All decisions made by MySexMap in this matter will be final and neither MySexMap nor its licensees (or distributors) shall have any liability with respect to such decisions.
IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED "REFUNDS" FOR MORE INFORMATION.
REFUNDS: If MySexMap terminates your account or if you decide to terminate your account, and you provide notice to MySexMap, your account will be deemed terminated when MySexMap receives such notice. You will only receive a refund for amounts not yet charged to your account. You will not receive a refund for any signup bonuses that have been added to account. PLEASE SEE THE SECTION ENTITLED "PAYMENT" FOR MORE INFORMATION.
USE OF MySexMap MARKETPLACE SUBMISSIONS: By submitting material to the MySexMap Marketplace (including information for a search listing) you are irrevocably granting MySexMap, its licensees, and any entities in the MySexMap Distribution Network, the right to use all parts of the material, without limitation, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so.
NOTICES: MySexMap may give general notices to you by posting on the MySexMap Marketplace or www.MySexMap.com or any one of MySexMap's Web sites, if possible, by electronic mail to your e-mail address.
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 jurisdiction of the state and federal courts located in Los Angeles.
OTHER: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and MySexMap. MySexMap may change this Agreement at any time upon notice published on the MySexMap Marketplace or any one of MySexMap's Web sites or by e-mail notification to you. Any use of the MySexMap Marketplace or any of MySexMap's Sites after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. MySexMap reserves the right to discontinue offering the MySexMap Marketplace at any time.
