The following guidelines apply to all advertising (“Ads” “Profiles”) placed on LivingstonNavigator (“Site”). These guidelines are subject to the MTN Advertising Terms and Conditions (the “Terms”) and may be updated at any time by MTN.
These guidelines are intended to be general guidelines, and do not limit any rights or remedies of MTN under the Terms. The appearance of your Ads or Profile on the Site does not mean that your Ads or Profile meet these guidelines. These guidelines apply to the Ads, Profiles and the landing pages that are one-click away from the Ads and Profiles.
1. Ads and Profiles may not contain any content or information relating to the following:
o Pornography, escort services, or other “adult” sexual content;
o Illicit/illegal drugs and drug paraphernalia or products and services;
o Tobacco or tobacco related products;
o Weapons, including guns, gun parts, kits, mace, blank powder and ammunition;
o Foul/obscene language;
o Defamatory or libelous language;
o Information or materials that are invasive of another's privacy (for example, if a person appears in your Ad, then you must have secured all necessary rights in writing to use such person in your Ad);
o Promotes or encourages violence;
o Promotes any illegal activity; or
o Infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to use in an Ad).
2. All Ads and Profiles must:
o comply with all applicable federal, state, and local laws, regulations, ordinances, judgments and applicable industry codes or guidelines;
o be truthful and not deceptive or misleading, and all claims must be substantiated;
o include all material terms, conditions, restrictions and other information with respect to an offer that a reasonable person would require in making an informed decision about whether to purchase the product or service being offered;
o clearly and conspicuously present all disclaimers and disclosures;
o have a landing page that does not contradict the offer being made in the Ad or Profile, if a landing page is being used for such Ad or Profile;
o not use “bait and switch” tactics or display false functionality;
o comply with all applicable federal, state, and local laws, regulations, ordinances and judgments relating to privacy and any applicable privacy policies in connection with any collection of personal information of users;
o not deceive users into providing personal information; and
o not mislead or deceive users into accepting offers or downloading software or other items.
MyTownNavigator Advertiser Terms and Conditions
These Advertising Terms and Conditions (the “Terms”) apply to all advertising purchased and/or placed on LivingstonNavigator (the “Site”) through MTN (the “Service”). The Site and the Service are owned and operated by MyTownNavigator.com LLC, (“Navigator”, “MTN” “we” or “our”). The party accessing the Service and/or placing advertising on the Site, whether on behalf of itself or a third party, shall be referred to as the “Advertiser” or “you.” If an individual is accessing this Service on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to these Terms.
ADVERTISER’S ACCESS TO AND USE OF THE SERVICE, AND ALL ADVERTISING ON THE SITE, IS SUBJECT TO COMPLIANCE WITH: (1) THESE TERMS AND (2) ALL APPLICABLE LAWS, RULES AND REGULATIONS.
BY ACCESSING OR USING ANY PART OF THE SERVICE, OR PLACING ANY ADVERTISING ON THE SITE, ADVERTISER ACKNOWLEDGES THAT IT HAS READ AND ACCEPTED THESE TERMS. IF ADVERTISER DOES NOT AGREE WITH ALL OF THESE TERMS, IT MAY NOT USE THE SERVICE OR ADVERTISE ON THE SITE.
MTN RESERVES THE RIGHT TO UPDATE OR CHANGE THESE TERMS AT ANY TIME BY POSTING SUCH CHANGES ON THE SERVICE. ADVERTISER’S CONTINUED USE OF THE SERVICE AFTER MTN POSTS ANY CHANGES SIGNIFIES ADVERTISER’S AGREEMENT TO ANY SUCH CHANGES. IF ADVERTISER DOES NOT AGREE TO SUCH CHANGES, ADVERTISER MUST STOP USING OR ACCESSING THE SERVICE AND REMOVE ALL ADVERTISING FROM THE SITE.
Advertising on the Site: Advertiser (including its employees and contractors) may use the Service solely for the benefit of Advertiser. Advertiser may not resell Ads, advertising inventory or access to the Service without the prior written consent of MyTownNavigator. Ad Content & Ad Policies: All Ads and Profiles must comply with the MTN Advertising Guidelines and such other policies that are set forth by MTN in writing (collectively, the “Policies”). MTN may make available to Advertiser certain content for use in connection with its Ads and Profiles or may pre-populate fields with certain information in order to help you create an Ad or Profile. MTN makes no representations or warranties regarding such materials or information, or the ability to use such materials or information in the Ads or Profiles. Advertiser uses all such materials and information at its own risk. Advertiser is solely responsible for all content and information that appears in its Ads or Profiles, whether provided by Advertiser, MTN or a third party.
Ad or Profile Approval/Removal: All Ads and Profiles are subject to MTN’s approval processes. MTN reserves the right to approve, reject or remove any Ad or profile at any time in its sole and absolute discretion, including for violations of the Policies or for a failure to pay any applicable fees.
Cancellation: You can cancel any of your Ads or profiles at anytime by requesting it in writing to email@example.com
Fees: All fees for Ads and Profiles and terms for payment are set forth on the Service. If any of your billing information changes, you must immediately update that information in the payment area of the Service.
Refunds: All payments for Ads and Profiles are non-refundable once Ads and Profiles have run on the Site. If you have a pre-paid balance in your account and do not purchase Ads and Profiles with such pre-paid balance, you may request that such pre-paid balance be refunded to you at any time by emailing firstname.lastname@example.org. Such refund may be sent to you by check or such other method as approved by MTN, and may take up to 30 days to process. No refunds will be permitted if you have violated these Terms.
Termination of Access: In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice. If we terminate your account for no reason, we will refund to you any pre-paid funds in your account that have not yet been used. In addition, we may refer any information on deceptive, illegal or fraudulent activities, including a violation of the Policies, to the proper authorities or to any third party who alleges harm as a result of your actions.
Proprietary Rights: We are the exclusive owner or authorized licensors of the Site and the Service, including all copy, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The Service may not be reverse engineered, decompiled or modified, nor may derivative works be created based on the Service, without the prior written consent of MTN. All rights not granted under these Terms are reserved by MTN.
No Warranty: While MTN makes reasonable efforts to ensure that the Service operates as intended, the Service is dependent upon the Internet, the users and other services and providers outside of the control of MTN. By using the Service, you acknowledge that MTN does not and cannot guaranty that the operation of the Service will be completely uninterrupted, error free or that the Service and the information it stores will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of such problems by using the Service. THE SERVICE, INCLUDING ALL SOFTWARE, CONTENT, OPERATIONS AND MATERIALS, ARE PROVIDED "AS IS." PATCH MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF THE SERVICE. FURTHER, TOWN NAVIGATOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
Limitations of Liability: IN NO EVENT WILL MTN BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT PATCH MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MTN’S LIABILITY FOR ANY DIRECT DAMAGES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO MTN DURING THE MOST RECENT THREE (3) MONTHS. You acknowledge that MTN has entered into this agreement relying on the limitations of liability stated herein and that MTN would not offer you the Service without those limitations, which are an essential basis of the bargain. Indemnification: You agree to indemnify, defend and hold us and our representatives, business partners and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms, (ii) the content of your Ads or content one-click away from your Ads or (iii) a violation by you of applicable law or any agreement with, or obligation to, a third party.
Governing Law: The laws of the State of New Jersey shall govern these Terms. SUBJECT TO THE ARBITRATION PROVISION BELOW, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ESSEX COUNTY, NEW JERSEY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SERVICE.
International Access: Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Arbitration: You agree that any and all disputes, controversies and claims relating in any way to the Service or these Terms (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Essex County, New Jersey. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an action involving any other current or former user of the Service, whether through class action proceedings or otherwise. Notwithstanding the foregoing, MTN shall not be restricted from pursuing an action in court without resorting to arbitration in order to collect unpaid fees, enforce an obligation of indemnification or protect its intellectual property.
Severability: If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
Force Majeure: MTN shall not be in breach of these Terms or responsible for damages caused by delay or failure to perform, in full or in part, its obligations hereunder, provided that such delay or failure is due to circumstances substantially beyond the control of MTN, including act of God, failure of telecommunications systems, strikes, government sanctioned embargo, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier.
Waiver - Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Assignment: You may not assign these Terms, or any rights or remedies hereunder, to any third party without our prior written consent. These Terms shall inure to the benefit of a party’s permitted successors and assigns.
Contact Information: Should you have any questions regarding these Terms, you may contact us at email@example.com
Last updated: April 1, 2009