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Terms and Conditions
A Definitions and Acceptance of the Terms and Conditions
1. Explore City Sites, LLC (“ECS”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to online advertisements (“Advertisements”) on www.explorecarmelin.com (the “Website”).
3. By placing an order, the “Advertiser” (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to ECS’s technical specifications. When ECS builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements.
5. ECS may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement. ECS may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by ECS does not mean that ECS accepts the Advertisement has been provided in accordance with these Terms or that ECS has waived its rights under these Terms.
7. The Advertiser guarantees to ECS that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the Advertisement will not be prejudicial to the image or reputation of ECS and will not contain anything with ECS in good faith considers to be offensive or otherwise inappropriate;
- all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website.
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with ECS and the Advertiser will compensate ECS for any claim made by such advertiser against ECS.
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. ECS may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to ECS should be made in accordance with ECS’s Financial Terms & Conditions which are: Unless an Advertiser has applied for and been accepted as a credit account customer, ECS will provide services only on an annual or monthly credit card pre-payment basis, with first payment funds cleared at the time of subscription. Advertisers wishing to apply for a credit account must complete a ECS Service Agreement which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms.
11. All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Unless collected and remitted by ECS, Advertiser is responsible for payment of all taxes due to a governmental authority, if any, except for taxes imposed on ECS’s net income. Advertiser shall provide to ECS any certificate of exemption or similar document required to exempt any transaction under this Agreement from sales tax or other tax liability.
12. If Advertiser is paying with a credit card, Advertiser hereby authorizes ECS to charge such credit card for Fees on a regular basis until such time as Advertiser’s account is terminated in accordance with the termination provisions set forth herein.
D Credit Card Expirations or Declines
13. Please note that allowing a credit card to expire or failing to submit payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. Advertiser will remain responsible for paying the monthly subscription fee, which will accrue to your account, until ECS receives a valid termination notice. ECS may send notice to the email on record if Advertiser credit card is declined. ECS may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.
E Online Advertisements
14. ECS cannot guarantee the number of impressions.
17. ECS and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by ECS will be treated as the confidential information of the Advertiser and will not be disclosed by ECS to any third party (other than ECS’s service providers for the purpose of ECS complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
F Liability of the Advertiser
18. The Advertiser will fully indemnify ECS from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by ECS in accordance with these Terms.
19. ECS owns the copyright in all Advertisements written or designed by it or on its behalf.
20. The Advertiser grants ECS the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as GNM may consider necessary for the purposes of publishing the Advertisements.
H Cancellation policy
21. At any time, either party may terminate Advertiser’s ECS account for any reason. Advertiser may request a termination by emailing sales@explorecitysites.
22. Amounts paid are not refundable. Subscriptions to ECS service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of such term. Notwithstanding any termination of this Agreement, Advertiser will remain obligated to pay ECS Fees which were incurred prior to (and on) the effective date of such termination.
23. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, ECS may treat the order as cancelled.
24. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
25. If ECS fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
26. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
27. These Terms are the entire agreement between the Advertiser and ECS in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both ECS and the Advertiser.
28. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail or acknowledgement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
29. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Indiana law and the courts of Hamilton County, Indiana will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Terms last updated: April 15, 2021
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
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How we use collected information
Explore City Sites, LLC may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails
We may use the email address to send them information and updates pertaining to their order.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Explore City Sites, LLC
This document was last updated on April 20, 2021