End User License Agreement (EULA) Terms and Conditions For Advertisers, Contributors and Subscribers, both free and premium paying.
These Standard (EULA) Terms and Conditions are incorporated into the agreement between you the end user and Longboard Clinic Pty Ltd. as publisher of the digital entities: www.inbyronbaytoday.com www.byronbay.jp www.longboardclinic.com www.kyupdesigns.com www.slideaholics.com from here on identified as (LBC)
Anyone opening an account to book advertising, contribute content or Subscribers, both free and premium paying is from here on identified as (Client).
Clients agree that, browsing, reading, viewing, subscribing as a paying or free advertiser, e-mail subscriber and or a free, paid or paying contributor is a legally binding agreement to the these (EULA) terms and conditions.
Clients that disagree with these (EULA) Terms and Conditions most not use any of the (LBC) websites, web logs, e-mail subscription services or digital publications. As use of these services by browsing, reading, viewing, subscribing as a paying or free advertiser, e-mail subscriber and or a free or paying contributor constitutes a legally binding agreement to the these (EULA) terms and conditions.
The provisions of this (EULA) also include the terms (and all details given by the Client) as part of the Account Sign up process and / or as part of the link or banner placement or contributing process, or services offered (if applicable) and any commercial discounts applied in favour of specific Clients off the (LBC) published rates card.
In order to participate in (LBC) advertising programs, contributor’s platforms, and email subscription services both free and paid, you must agree to these (EULA) Terms and Conditions.
By participating in any (LBC) advertising programs, contributor’s platforms, and email subscription services both free and paid, you signify your understanding and agreement to these (EULA) Terms and Conditions you are entering into a binding and enforceable legal agreement with (LBC).
Please read these (EULA) Terms and Conditions carefully before applying and registering for and / or using (LBC) services as described above. If you do not agree to these Terms and Conditions, please do not apply, register, or use (LBC) advertising programs, contributor’s platforms, and email subscription services both free and paid, as application, registration or use constitutes a binding acceptance of these terms and conditions. This agreement, including pricing and payment terms where applicable, is subject to change at any time without notice.
All bookings, orders, or other requests by the Client for advertising, contributor’s platforms, and email subscription services both free and paid, with (LBC) are governed by these Standard Terms and Conditions for Advertisers, contributor’s platforms, and email subscription services both free and paid. No other conditions, provisions or terms of any sort appearing in any documents or communications made in connection with any order, including without limitation those contained on or accompanying any cheque or other forms of payment, will be binding on (LBC) whether in conflict with or in addition to these Standard (EULA) Terms and Conditions for Advertisers, contributor’s platforms, and email subscription services both free and paid. Orders which quote rates other than (LBC) then published rates will not be binding on (LBC) unless approved by (LBC) on the relevant Advertising Booking Form and will be deemed requests for advertising on the terms of this Advertising Agreement at (LBC) then current rates.
(EULA) SUBMITTED CONTENT
The Client represents and warrants to (LBC) that it is fully authorized to publish the entire contents and subject matter of all advertisements, blog contributions and / or integration content submitted to (LBC) (including, without limitation, all text, fonts, graphics, icons, photographs, materials provided to (LBC) for production and upload purposes, URL’s, and sites to which URL’s are to be linked, and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes.
If the relevant contributed content or advertisement, review or integration content includes any information on a competition or promotion, the Client:
- Acknowledges and agrees that (LBC) is not the promoter
- Will ensure that the advertisement does not imply that (LBC) is the promoter
- Will ensure that the correct identity of the promoter is set out on the website represented by the hyper link embedded in the advertisement.
- Will ensure that all applicable permits have been obtained, and all regulations governing the conduct of the relevant competition / promotion have been complied with.
The Client agrees unconditionally to indemnify (LBC) and hold (LBC) harmless (including all of its officers, agents, employees and affiliates and contributors) from and against any loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of the publication of, or any omission in relation to, the blogging contributions, advertisements and or integration content. Including but not limited to claims related to defamation, contempt of court, rights of publicity and / or privacy, copyright infringement, trade-mark infringement, misleading or deceptive conduct and failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement or on any website represented by a URL shown or embedded in the relevant advertisement or on any object in such advertisement.
BREACH OF SECURITY
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet which are outside of (LBC) control and could result in a breach of security. Accordingly, (LBC) cannot guarantee that your data information will be free from corruption or piracy. You hereby expressly waive any claims against (LBC) arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of(LBC).
(LBC) reserves the right to cancel any advertising and or blogging contributions or reject or edit any copy. (Including at any time after the commencement date).
Any failure by (LBC) to publish any requested advertisement, or blogging contributions or to integrate any particular item of content will be deemed to constitute a rejection of the contributed content or order for such content, but does not constitute a breach of contract or otherwise entitle the Client to any legal remedy.
(LBC) shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure. (LBC) shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
(LBC) advertising, and production rates plus free and paid blogging network services are subject to change at the sole discretion of (LBC). (LBC) will use its commercially reasonable efforts to announce all advertising and production rate charges at least 30 days in advance of their effective date.
In the event that a rate change is made in respect of a period (or any portion thereof) for which the Client has placed a paid in advance order for advertising, (LBC) will allow the lower rate to apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with the then current advertising and production rates and amended thereafter as notified by (LBC) from time to time.
The Client acknowledges, warrants, and undertakes that any and all terms offered to them in respect of any documentation comprising these (EULA) Terms and Conditions is Confidential Information and shall not be disclosed to any third party without the prior written consent of (LBC). In the event that the Client breaches their confidentiality obligations, (LBC) reserves the right to cancel this Agreement forthwith and to pursue the Client for all equitable relief including damages.
LINKS TO WEBSITES
The Client warrants and represents to (LBC) that each website represented by any URL shown or embedded in any relevant advertisement, content or blogging contributors content or any object in any such advertisement or in any integration content:
- Is controlled and operated by the Client, its independent contractors or a client of the Client (in the event the Client is an advertising agency applying on behalf of its own client),
- Will be functional and accessible at all times,
- Will at all times operate in compliance with all applicable laws, regulations and relevant industry codes, and / or;
- If not controlled has been reviewed by the client and deemed suitable in all respects including subject matter to be linked to from the (LBC) websites containing the advertisement, contribution or integrated content, (LBC) may test all relevant URL’s, and may remove any URL’s which in (LBC) sole unfettered opinion fail to comply with any of the above requirements at any time.
By submitting a request for advertising content, within (LBC) and its websites in the form of a written order or PDF Form, or e-mail, or phone request, the Client agrees to be liable for all relevant fees and costs of such order. Unless otherwise indicated in the relevant order or agreed by (LBC) in writing, the Advertising Agreement commences on the date the advertisement is published or appears on the public site and will continue for the term set out therein. The Client will be required to provide credit card details to facilitate payment of any balances owing prior to publishing of any advertisement.
No termination or expiration of the Advertising, review Agreement will terminate or otherwise effect the warranties and indemnities provided by the Client herein which will continue in respect of this Advertising Agreement and any subsequent and / or other advertising agreement between the parties, and all such warranties and indemnities will survive and remain in force and in effect in respect of the performance of all of the Clients relevant obligations.
NOTE* Free contributors are held under the same conditions as paying advertisers, although no fees are collected, free contributors are completely bound to adhere to these (EULA) Terms and Conditions.
NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES
The provisions of this paragraph are subject to the terms of the following paragraph regarding Australian Consumer Warranties. Any of Longboard Clinic Pty Ltd, (LBC) services which are subject of these Standard (EULA) Terms and Conditions for Advertisers, contributor’s platforms, and email subscription services both free and paid, are provided without warranties of any nature, and (LBC) disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose. In no event will (LBC) be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even if (LBC) has been advised of the possibility of such damages.
AUSTRALIAN CONSUMER WARRANTIES:
If this agreement constitutes the supply of goods or services to a consumer as defined in the Australian Trade Practices Act 1974 or relevant legislation in force in Australian States or Territories (“the acts”) nothing contained in this agreement excludes, restricts or modifies any condition, warranty, right or remedy pursuant to which the Acts are applicable or is conferred on the Client where to do so is unlawful, in which event (LBC) liability (or the liability of any of its affiliates) for any breach of this Agreement, including any liability for consequential loss which the Client may suffer or incur will be limited as (LBC) may elect in its sole discretion, in the case of services supplied or offered by(LBC), to either (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by(LBC),(C) the replacement of the goods or supply of equivalent goods , (D) the repair of such goods, (E) the payment of the cost of replacing the goods or acquiring equivalent goods , or (F) the payment of the cost of having the goods repaired.
NO USE OF THE (LBC) NAMES
In consideration of (LBC) acceptance of any advertising and or blogging contributions for publication, the Client agrees not to make promotional or merchandising reference to (LBC) names or any of (LBC) trademarks and affiliates in any way except with the express written authorisation of (LBC) each instance.
These Standard (EULA) Terms and Conditions for Advertisers, contributor’s platforms, and email subscription services both free and paid embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. All existing (EULA) agreements between the parties (if any) are by agreement of the parties hereby terminated and no further legal effect except for any provisions in such agreements which are expressed to survive termination or expiration. These Standard (EULA) Terms and Conditions for Advertisers and Blogging Contributors are governed by the laws of The State of New South Wales .The Client consents to the non-exclusive jurisdiction and venue of courts of New South Wales for all disputed arising out of or relating to this Standard (EULA). This Agreement does not create a joint venture, partnership, employment or agency relationship between Longboard Clinic Pty Ltd, (LBC) and the Client. (LBC) will not be taken to have waived or modified any of the terms of The Standard (EULA) Terms and Conditions except by an express statement in a document signed by a duly authorized representative of (LBC). The Client may not assign any of its rights in this (EULA) without the prior express written consent of (LBC). This Agreement, including any of (LBC) rights or obligations under it may be assigned by (LBC) on notice to the Client, provided that the relevant assignee undertakes to perform all of (LBC) obligations herein. If any provision of these Standard (EULA)Terms and Conditions for Advertisers, contributor’s platforms, and email subscription services both free and paid, is found invalid, or unenforceable, provisions will be taken to be modified to the extent necessary to make them enforceable.
(LBC) may send electronic mail to the Client for any notices or notifications. All notices to (LBC) relating to any legal claims must be made in writing to Directors of Company, Longboard Clinic Pty Ltd, and P.O.BOX 2142 Byron Bay NSW 2481
Upon agreement to advertise, contributor’s platforms, and email subscription services both free and paid, with (LBC) (the client) accepts full legal responsibility for all copy submitted or agree to being submitted on (the clients) behalf in anyway shape or form. The act of engaging (LBC) advertising and contributors blogging network sites, both free and paid, constitutes an implied understanding and acceptance of these (EULA) terms and conditions. Longboard Clinic Pty Ltd maintains the sole right to editorial control; no further correspondence will be entered into with (clients) whose content has been rejected.