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ClickableType.com Terms of use

Your status as a website participant ("Participant") in ClickableType.com ("Program") is governed by the following Terms and Conditions:

1. Participant agrees to the following requirements of the Program:

• Your ClickableType ad placement must be above the fold, at least 80 pixels.
• Participant shall not alter, modify or remove the ClickableType brand link.
• Participant shall not place more than one Program placement on a page.
• Participant shall not modify the HTML provided by ClickableType.

2. Participant understands and agrees that:

• ClickableType.com reserves in its own discretion to deny working with Participant for any or no reason whatsoever without notice and without recourse.
• ClickableType.com reserves the right to place Participant banners in its sole discretion on its website or other Participant websites.
• ClickableType.com reserves the right to place paid banners on Participant sites.

3. ClickableType.com reserves the right to modify, amend or terminate, the Program at any time, including but not limited to changing the requirements of participation in the Program.

4. Participant warrants, represents and agrees that it shall not submit, contribute, or make available through the Program, or use the Program in connection with, any content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party.

5. NO WARRANTY. CLICKABLETYPE.COM MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION, ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING NONINFRINGEMENT.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL CLICKABLETYPE.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTIAL, OR PUNITIVE DAMAGES, INCLUDING LITHOUT LIMITATION, LOST BUSINESS, LOST PROFITS, COVER, REVENUE, GOODWILL, OR OTHER RELATED DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF CLICKABLETYPE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLICKABLETYPE.COM'S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID TO PARTICIPANT FOR THE SERVICES THAT CAUSED THE DAMAGES.

7. Participant shall indemnify, defend and hold ClickableType.com, its parent, subsidiaries, Participants, and its/their officers, directors, employees, agents, representatives, and customers, harmless (including court costs and reasonable attorneys' fees), from any and all claims or demands made by any third party due to or arising out, by way of example and not of limitation, of Participant's access to the ClickableType.com website, use of the Program, the violation of this Agreement by Participant, or the infringement by Participant of any intellectual property or other rights of any person or entity. This section 7 shall survive any expiration or termination of this Agreement.

8. Participant represents and warrants that (i) Participant is the owner of each website Participant designates in connection with the use of the Program or that Participant is legally authorized to act on behalf of the owner of such website for the purposes of this Agreement, and (ii) Participant has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Participant hereunder. Participant further represents and warrants that each of Participant's websites and any material displayed therein: (a) comply with all applicable US, and foreign, if applicable, laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content.

9. Participant and ClickableType.com are both independent contractors and neither party shall be, nor represents itself to be, the agent, representative or partner of the other party for any purpose whatsoever. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

10. This Agreement is the complete and exclusive statement of the understandings of the parties relating to the subject matter of this Agreement, and supersedes and cancels all previous written and oral agreements, communications and other understandings. All modifications to this Agreement or any addendums(s), or exhibits, must be in writing and signed by both parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further or future rights hereunder. ClickableType.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause or causes beyond ClickableType.com's control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Participant except with ClickableType.com's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions.