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Please Read Carefully Before Using This Website:
A.
TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR
USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND
AGREEING TO THESE TERMS OF USE.
For
users who are not registered with this Website, your use of the
Website will be deemed to be acceptance of the Terms of Use, Section
A.
For
users who are registered with the Website, your use of the Website
shall be subject to (i) certain designated terms (see Section B
below) in addition to those terms applicable to all users and (ii)
shall be further conditioned on your [clicking the "I AGREE TO THE
TERMS OF USE" button at the end of these Terms of Use].
IF
THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2.
Changes To Terms
Market World, LC
may,
at any time, for any reason and without notice, make changes to (i)
this Website, including its look, feel, format, and content, as well
as (ii) the products and/or services as described in this Website.
Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the
Terms of Use upon which access and use of this Website is
conditioned. By your continuing use of the Website after changes are
posted, you will be deemed to have accepted such changes.
3.
Jurisdiction
The
Website is directed to those individuals and entities located in the
4. Scope of Use and User E-Mail
You
are only authorized to view, use, copy for your records and download
small portions of the Content (including without limitation text,
graphics, software, audio and video files and photos) of this
Website for your informational, non-commercial use, provided that
you leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You
may not store, modify, reproduce, transmit, reverse engineer or
distribute a significant portion of the Content on this Website, or
the design or layout of the Website or individual sections of it, in
any form or media. The systematic retrieval of data from the Website
is also prohibited.
E-mail submissions over the Internet may not be secure and are
subject to the risk of interception by third parties. Please
consider this fact before e-mailing any information. Also, please
consult our Privacy Policy below. You agree not
to submit or transmit any e-mails or materials through the Website
that: (i) are defamatory, threatening, obscene or harassing, (ii)
contain a virus, worm, Trojan horse or any other harmful component,
(iii) incorporate copyrighted or other proprietary material of any
third party without that party's permission or (iv) otherwise
violate any applicable laws. Market World, LC
shall not be subject to any obligations of
confidentiality regarding any information or materials that you
submit online except as specified in these Terms of Use, or as set
forth in any additional terms and conditions relating to specific
products or services, or as otherwise specifically agreed or
required by law.
The
commercial use, reproduction, transmission or distribution of any
information, software or other material available through the
Website without the prior written consent of
Market World, LC
is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the
organization and layout of this site, are copyrighted and are
protected by
Except as expressly provided under the "Scope of Use" Section above,
you may not use, reproduce, modify, transmit, distribute, or
publicly display or operate this Website without the prior written
permission of Market World, LC. You may not use a part of
this Website on any other Website, without
Market World, LC
’s prior written consent. Webmasters must register their
usage of RRS submissions received for re-publication from
Market
World, LC. Market World, LC respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Market World, LC is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email form
6.
Links
For your convenience, we
may provide links to various other Websites that may be of interest
to you and for your convenience only.
However,
Market World, LC
does not control
or endorse such Websites and is not responsible for their content
nor is it responsible for the accuracy or reliability of any
information, data, opinions, advice, or statements contained within
such Websites. Please read the terms and conditions or terms of use
policies of any other company or website you may link to from our
website. These Terms of Use policy applies only to
Market World, LC’s
website and the products and services
Market World, LC
offers.
If you decide to access any of the third party sites linked
to this Website, you do so at your own risk.
Market World, LC
reserves the right to
terminate any link or linking program at any time.
Market World, LC
disclaims all
warranties, express and implied, as to the accuracy, validity, and
legality or otherwise of any materials or information contained on
such sites.
You
may not link to this Website without
Market World, LC
’s written permission. If you are interested in linking
to this Website, please contact email form.
7.
No Unlawful Or Prohibited Use
As a condition of your use
of the Website, you warrant to
Market World, LC
that you will not use the
Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Website in any
manner that could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Website.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the Site.
8.
Spamming
Gathering email addresses from
Market World, LC
through harvesting or automated means is prohibited.
Posting or transmitting unauthorized or unsolicited
advertising, promotional materials, or any other forms of
solicitation to other Users is prohibited.
Inquiries regarding a commercial relationship with
Market World, LC
should be directed to email form.
9.
No Warranties
THE
WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH USA Cowboy
EXPRESSLY
DISCLAIMS. USA Cowboy
DOES NOT ENDORSE AND MAKES NO WARRANTY
AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE
CONTENT, AND USA Cowboy
WILL NOT BE LIABLE OR OTHERWISE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY
CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
USA Cowboy
MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR
OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT,
AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT
YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR
ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE
DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED
BY USA Cowboy.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10.
Governing Law,
Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of
the State of Kansas, USA, without reference to its choice of law
rules. If an applicable law is in conflict with any part of the
Terms of Use, the Terms of Use will be deemed modified to conform to
the law. The other provisions will not be affected by any such
modification.
11. Separate Agreements
You may have other agreements with
Market
World, LC. Those
agreements are separate and in addition to these Terms of Use. These
Terms of Use do not modify, revise or amend the terms of any other
agreements you may have with Market World, LC..
12.
DMCA
Copyright
Policy and Copyright Agent
Market World, LC
respects the intellectual property rights of others.
If you believe something on this Site has infringed your
intellectual property rights, please notify our agent and provide
the following information:
(i)
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
(ii)
Identification of the copyrighted work claimed
to have been infringed.
(iii)
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled.
(iv)
Address, telephone number, and, if available,
an electronic mail address where we may contact you.
(v)
A statement that the complaining party has a
good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
(vi)
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
13.
You
represent that you are a United States resident when submitting
content for publishing.
14. No Professional Advice
The
information available on the Website is intended to be a general
information resource regarding the matters covered, and is not
tailored to your specific circumstance. You should not construe this
as legal, accounting or other professional advice. This Website is
not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH
YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR
OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users.
Market World, LC
reserves the right, but has no obligation,
to monitor disputes between you and other Users.
16. User Submissions and Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise
control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not
violate these Terms of Use and will not cause injury to any person
or entity; and that you will indemnify Market World, LC
or
its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or
accessible by the public (“Public Area”) or if you submit any
business information, idea, concept or invention to
Market World, LC
by email,
you automatically represent and warrant that the owner of such
content
or
intellectual property has expressly granted
Market World, LC
a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or
any form, format, or forum now known or hereafter developed.
Market World, LC may sublicense its rights through multiple
tiers of sublicenses.
If you wish to keep any business information, ideas, concepts
or inventions private or proprietary, you must not submit them to
the Public Areas or to
Market World, LC
by
email. We try to answer every email in a timely manner, but are not
always able to do so.
Some of the forums (individual bulletin boards and posts on the
social network, for instance) on
the Website
are not moderated or reviewed.
Accordingly, Users will be held directly and solely
responsible for the content of messages that are posted. While not
moderating the forums, the Site reviewer will periodically perform
an administrative review for the purpose of deleting messages that
are old, have received few responses, are off topic or irrelevant,
serve as advertisements or seem otherwise inappropriate.
Market
World, LC has full discretion to delete messages. Users are
encouraged to read the specific forum rules displayed in each
discussion forum first before participating in that forum.
Market World, LC
reserves the right (but is not obligated) to do any or all of the
following:
(a)
Record the dialogue in public chat rooms.
(b)
Examine an allegation that a communication(s) do(es) not conform to
the terms of this section and determine in its sole discretion to
remove or request the removal of the communication(s).
(c)
Remove communications that are abusive, illegal, or disruptive, or
that otherwise fail to conform with these Terms of Use.
(d)
Terminate a Member's access to any or all Public Areas and/or the
Market World, LC
Site upon any breach of these Terms of Use.
(e)
Monitor, edit, or disclose any communication in the Public Areas.
(f)
Edit or delete any communication(s) posted on the
Market World, LC
Site, regardless of whether such communication(s) violate these
standards.
Market World, LC
reserves
the right to take any action it deems necessary to protect the
personal safety of our guests or the public.
Market World, LC
has
no liability or responsibility to users of the USA Cowboy Website or
any other person or entity for performance or nonperformance of the
aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including
without limitation for the purpose of protecting any
Market
World, LC confidential information and/or intellectual property
rights, any controversy or claim arising out of or relating to these
Terms of Use or this Website shall be settled by binding arbitration
in accordance with the commercial arbitration rules, in effect at
the time the proceedings begin, of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be held in Kansas,
USA.
All
information relating to or disclosed by any party in connection with
the arbitration of any disputes hereunder shall be treated by the
parties, their representatives, and the arbitrator as proprietary
business information. Such information shall not be disclosed by any
party or their respective representatives without the prior written
authorization of the party furnishing such information. Such
information shall not be disclosed by the arbitrator without the
prior written authorization of all parties. Each party shall bear
the burden of its own counsel fees incurred in connection with any
arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in
any court having jurisdiction over the parties or their assets or
application of enforcement, as the case may be. Any award by the
arbitrator shall be the sole and exclusive remedy of the parties.
The parties hereby waive all rights to judicial review of the
arbitrator's decision and any award contained therein.
18.
Limitation of
Liability
YOUR
USE OF THE CONTENT IS AT YOUR OWN RISK.
Market World, LC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR
RELIANCE ON THE CONTENT (EVEN IF Market World, LC
HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN
CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION
OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED
ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY
MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY Market World, LC. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO
YOU.
19. Indemnity
You
agree to defend, indemnify, and hold Market World, LC, its
officers, directors, employees, agents, licensors, and suppliers,
harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result
from, your violation of these Terms of Use.
B.
ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Market World, LC
does not warrant that the functions contained in the service
provided by the Website will be uninterrupted or error-free, that
defects will be corrected or that this service or the server that
makes it available will be free of viruses or other harmful
components.
As part of the registration process, each user will select a
password (“Password”) and Login Name (“Login Name”). You shall
provide Market World, LC
with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach of
this Terms of Use, which may result in immediate termination of your
Account.
You may not:
(a)
select or use a Login Name of another person with the intent to
impersonate that person;
(b)
use a name subject to the rights of any other person without
authorization;
(c)
use a Login Name that Website, in its sole discretion, deems
inappropriate or offensive.
You shall notify Market World, LC
of any known or suspected
unauthorized use(s) of your Account, or any known or suspected
breach of security, including loss, theft, or unauthorized
disclosure of your password.
You shall be responsible for maintaining the confidentiality
of your password.
Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your Account, at
Market World, LC’s
sole discretion, and you may be reported to appropriate
law-enforcement agencies.
Contact us:
If you would like to request additional information regarding these
Terms of Use, please contact us at usacowboyeditor@usacowboy.com |
|
Privacy
Policy USA Cowboy Effective and Last Updated: May 10,
2011
This website
is owned and operated by Market World, LC.
We are
committed to protecting the privacy of our visitors
while they interact with the content,
products and services on this site (the “Site”).
This Privacy Policy applies to the Site only. It does not
apply to other websites to which we link.
Because we gather certain types of information about our
users, we want you to understand what information we collect about
you, how we collect it, how that information is used, and how you
can control our disclosure of it. You agree that your use of the
Site signifies your assent to this Privacy Policy. If you do not
agree with this Privacy Policy, please do not use the Site. 1)
Information Collected We
collect two types of information from you: i) information that you
voluntarily provide to us (e.g. through a voluntary registration
process, sign-ups or emails); and ii) information that is derived
through automated tracking mechanisms. · Voluntary Information for Services and We [also] collect personally identifiable information when you choose to use certain other features of the Site, including: i) making purchases, ii) consenting to receive email or text messages about upcoming promotions or events, iii) consenting to receive email, iv) participating in our forum, iv) commenting on articles, and others. When you choose to use these additional features, we require you to provide your “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses and credit card information. Occasionally, we may also request information such as your shopping preferences and demographics which will help us better serve you and our others users in the future. · Cookies
Third-Party Cookies or Real Simple Syndication:
In the course of serving advertisements to this site, our
third-party advertisers may place or recognize a unique "cookie" on
your browser.
In
addition, your submissions may be associated with RSS technology,
allowing webmasters to add publications to their websites. 2)
Referrals You may choose to invite friends to join the USA COWBOY by sending invitation emails via our invite feature. USA COWBOY stores the email addresses you provide so that the respondents may be added to your social network, confirm orders/purchases and also to send reminders of the invitations. USA COWBOY does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations may contact USA COWBOY to request removal of their information from our database. 3)
How We Use Your Information
USA COWBOY
only uses your personal information for the original purposes it was
given. Your
personal information
will not be sold or otherwise transferred to unaffiliated third
parties without your approval at the time of collection.
USA COWBOY
will not disclose, use, give or sell any personal information to
third parties for any purposes other than to our suppliers and other
third parties who need to know in order to deliver services on
behalf of
USA COWBOY
unless required to do so by law. Further,
USA COWBOY
reserves the right to contact you regarding matters relevant to the
underlying service provided and/or the information collected. Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site. USA COWBOY may use your personal information for target advertising toward you based on things such as region, gender, interests, goals, habits, etc. We may permit certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders. We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. USA COWBOY may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities. WE ARE
NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER
INFORMATION YOU CHOOSE TO SUBMIT IN FORUMS SUCH AS A BULLETIN BOARD,
CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE. You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information. We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information. 4) How We Protect Your Information We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
5) Third Party Advertising
Advertisements appearing on this Site may be delivered to you by
USA COWBOY
or one of our Web advertising partners. Our Web advertising partners
may set cookies. Doing this allows the advertising partners to
recognize your computer each time they send you an advertisement. In
this way, they may compile information about where you, or others
who are using your computer, saw their advertisements and determine
which advertisements are clicked. This information allows an
advertising partner to deliver targeted advertisements that they
believe will be of most interest to you.
USA COWBOY
does not have access to or control of the cookies that may be placed
by the third party advertising servers of ad partners.
6)
Accessing and Updating Your Personal Information and Preferences
We
provide mechanisms for updating and correcting your personal
information for many of our services.
If you are a registered user, you may access and update your
registration information and your preferences to receive email or
other communications from us by sending an email to
usacowboyeditor@usacowboy.com.
7) Email Choice/Opt-out If any user who receives an email from the Site and would prefer not to receive such communications in the future, [he or she] can do so by following the instructions in the emails. In addition, you may send an email to usacowboyeditor@usacowboy.com. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request. 8) Children's Privacy and Parental Controls We do not solicit any
personal information from children. If you are not 18 or older, you
are not authorized to use the Site. Parents should be aware that
there are parental control tools available online that can be used
to prevent children from submitting information online without
parental permission or from accessing material that is harmful to
minors. 9) Disclaimer to Security By consenting to the Terms and Conditions of the Site and hence the Privacy Policy, you consent that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk. 10) Notification of Changes USA Cowboy reserves the right to change this Privacy Policy from time to time at its sole discretion. If at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such change will only apply to information collected after the revised Privacy Policy took effect. Your continued use of the Site indicates your assent to the Privacy Policy as posted.
11)
CONTACT
INFORMATION: If you have
any questions or concerns regarding this Privacy Policy please
contact: Go Networking,
Market World, LC.
PO Box 75074, Wichita, KS
67275 |
Billboard / Advertisement Maintenance AgreementSAMPLE
This Website Maintenance Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between _________________________________________________________ (“Client”) and __________________________________________________________ (“Consultant”) (collectively referred to as the “Parties”). Client’s current website address, if any, is: www.________________ The Parties agree as follows:
A. Content. Upon Client request, Consultant will edit, revise, update or create new content on Client’s existing pages.
B.
Consultation.
Consultant will provide
Client, upon Client request, consultation which includes, but is
not limited to, any and all internet orientation, trouble
shooting, marketing strategy, and education regarding use of a
web page editor.
C. Disaster Recovery. Provide disaster recovery from backup and maintain a current file library of all assets, graphics, source code and revision history of the Site. D. Confer With Vendors and Affiliates. Consultant will, in matters relating to the Site (except billing and accounting matters), confer with Client’s software and or hardware engineers, ISP host, and any other service entities. E. Fixes/Updates. Consultant will, as necessary, fix/update technical errors on the Site. F. Update Links. Consultant will, as necessary, update any links on the Site. G. Custom/Advanced Coding. Consultant will maintain any custom coding or custom scripts already existing on the Site. Consultant assumes that these codes and scripts are installed and currently running properly on the Site. H. Additional Services. Additional services provided by Consultant to Client are listed on Exhibit A attached hereto. Consultant is not responsible for any of the
following services (the “Non-Included Services”):
i) the development of new custom graphics, scripts, fonts
or other elements for the Site unless expressly described above,
ii)
_______________________________________________________________
_______________________________________________________________.
A fee of $__________ per hour will be charged for any
Non-Included Service requested by Client. 2. AUTHORIZATION. If applicable, Client hereby authorizes Consultant to access the Site’s hosting account located on the following ISP’s host computer: ______________________________________________ (the “ISP”). Client further instructs the ISP to provide Consultant with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement. 3. COMPENSATION: For the Services contemplated in this Agreement, Client will pay Consultant a fee of $________________ per month. This fee does not include the Non-Included Services described in Section 1 of this Agreement. Payment shall be made as follows: [ ] Payment of the fee by Client shall be due __________ (___) days after receipt of an invoice by Client from Consultant. [ ] $__________ every ____________ (e.g. week, month, etc.), to be paid on the _________ day of the ____________. [ ] other: ____________________________________________________ 4. TERM: The original term of this Agreement shall be for __________ months beginning on _____________, 20__. This Agreement will automatically renew for additional three month periods at the end of each existing term if neither Client nor Consultant receives notification of termination from the other party. A notification of termination must be received by the non-terminating party no less that ________ days before the end of the existing term. 5. EXPENSES: Client agrees to reimburse Consultant for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc. 6. INDEPENDENT CONTRACTOR. Consultant is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Client. 7. CONFIDENTIALITY: Consultant acknowledges that he/she may have access to Client’s confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”). Consultant agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure. In addition, Consultant will use his/her best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Consultant’s unauthorized actions. 8. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials prepared by Consultant for Client (the “Prepared Materials”) shall be considered the exclusive property of Client. Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”). Consultant hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Consultant may include the Site, specific pages from the Site and/or any of the other Prepared Materials for the Site, in Consultant’s portfolio. 9. CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Consultant for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Consultant harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, iii) any errors or omission on the Site, or iv) any claim, suit, penalty, tax or tariff arising from Client’s use of the internet or electronic commerce . 10. EARLY TERMINATION: This Agreement may be terminated early by either party if non-terminating party fails to perform his/her duties or materially breaches any obligation in this Agreement. 11. RETURN OF PROPERTY: Upon termination of the Services, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Consultant will return any other property belonging to Client including without limitation: computers, office supplies, money and documents. 12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination. 13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
14.
CUMULATIVE
RIGHTS:
The Parties’ rights
under this Agreement are cumulative, and shall not be construed
as exclusive of each other unless otherwise required by law.
15.
WAIVER:
The failure of either party to enforce any provisions of this
Agreement shall not be deemed a waiver or limitation of that
party’s right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
16.
SEVERABILITY:
If any part or parts of this
Agreement shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and
effect. If any court of competent jurisdiction deems any
provision of this Agreement invalid or unenforceable, and if
limiting such provision would make the provision valid, then
such provision shall be deemed to be construed as so limited.
17.
ENTIRE
AGREEMENT:
This Agreement
constitutes the entire agreement between the Parties and
supersedes any prior understanding or representation of any kind
preceding the date of this Agreement. There are no other
promises, conditions, understandings or other agreements,
whether oral or written, relating to the subject matter of this
Agreement. This Agreement may be modified in writing and must be
signed by both Client and Consultant.
18. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: Client: Consultant: ________________________________ Market World, LC ________________________________ P.O. Box 75074 ________________________________ Wichita, KS 67275 Either party may change such addresses from time to time by providing notice as set forth above.
19.
GOVERNING LAW:
This Agreement shall be
governed by and construed in accordance with the laws of the
State of Kansas.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. |
Website Design and Media Implementation Agreement[SAMPLE ONLY]
This Website Design Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between ___________________________________________________________ (“Client”) and __________________________________________________ (“Designer”) (collectively referred to as the “Parties”). Client’s current website address, if any, is:www.GoNetworking.com (the “URL”). The Parties agree as follows: 1. SERVICES: Client shall engage Designer for the specific project of developing and/or improving a world wide website (the “Site”) to be installed on the client’s web space, if any, located on its computer or an ISP’s computer. Such services to be described in greater detail below (the “Services”):
A.
Email/Phone Consultation.
Designer will provide Client
up to .3 total hours of general orientation which includes, but is
not limited to, any and all internet orientation, marketing
strategy, and education regarding use of a web page editor.
Additional consultation may be purchased at Designer’s hourly
rate of $35.00 per hour.
B.
Billboard / Advertisement Design.
Designer will provide Client
up to 1 Billboard / Graphic Display Advertisement (not including
audio or video, or voice-over sound incorporation). Further
specifications for the Pages are listed in Exhibit A attached
hereto.
C.
Domain
Name Registration/Reservation.
Designer
will reserve and register, on behalf of Client, the domain name(s)
listed on Exhibit B attached hereto, if such domain name(s)
are available. Third-level domains are also available for
registration.
Designer is not
responsible if such name(s) is unavailable for any reason.
Client is responsible for all domain name fees and
registration costs.
D.
Links.
Designer will provide Client
up to 2 links to external pages or media.
E.
Custom
Graphics.
Designer will provide Client
with the following graphics (the “Custom Graphics resembling
examples of technique provided on the USA Cowboy website.
F.
Web Page
Installation.
Designer will install the
Billboard on the ISP’s Host Computer.
G.
Registration. Designer will at
option register the resources with RSS networks as appropriate. Any
registration costs or fees are the responsibility of Client.
H.
Revisions/Updates.
Designer will provide Client
with 1 free revisions/updates within a 1 month period after the
installation of the Billboard.
The purpose of the revisions and updates is to: i) make
cosmetic adjustments to the Pages and ii) correct any errors;
however, they are not for the purpose of make material changes to
the Billboards. Additional consultation, revisions and maintenance
may be purchased at Designer’s hourly rate of $35.00 per hour,
including audio and video editing.
2. AUTHORIZATION. If applicable, Client hereby authorizes Designer to access the Site’s hosting account located on the following ISP’s host computer: Market World Domain (representing the “ISP”). Client further instructs the ISP to provide Designer with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement. 3. COMPENSATION: For the Services contemplated in this Agreement, the Client will pay Designer a fee of $10.00. This fee does not include the production of any additional pages, additional photos, or additional graphics not described in Section 1 of this Agreement. Hosting and domain name leasing rates will vary based upon the nature of the publication. The actual amounts for specific services are found under Service Compensation. Payment shall be made as follows [check the appropriate box]: [ ] _________% at the signing of this Agreement and _________% upon Completion of the Services. [ ] upon Completion of the Services. [ ] other: _______________________________________________ “Completion of the Services” means the earlier of: i) upon approval of the Site by Client after the Site has been uploaded to a temporary or permanent site on the Client’s or the ISP’s host computer, or ii) ____ days after the site has been uploaded to a temporary or permanent site on Client’s or ISP’s host computer for approval by Client if Client has not notified Designer of its approval or disapproval of the Site. 4. TIME OF COMPLETION: Designer will take all reasonable actions to complete the Services within 30 days of receiving all requested materials for development.. However, Client acknowledges that delays in Designer receiving materials from Client or a third party may slow completion of the Services. 5. EXPENSES: Client agrees to reimburse Designer for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc. 6. INDEPENDENT CONTRACTOR. Designer is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client. 7. CONFIDENTIALITY: Designer acknowledges that he/she may have access to Client’s confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”). Designer agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure. In addition, Designer will use his/her best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Designer’s unauthorized actions. 8. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials, including the Pages and Custom Graphics, prepared by Designer for Client (the “Prepared Materials”) shall be considered the exclusive property of Client. Designer hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”). Designer hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Designer may include the Site, the Pages or any of the other Prepared Materials in Designer’s portfolio. 9. CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Designer for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Designer harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client’s use of the internet or electronic commerce . 10. TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Designer shall be paid by Client pro rata for all completed work and the payment of any authorized expenses. 11. RETURN OF PROPERTY: Upon termination of the Services, Designer will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Designer will return any other property belonging to Client including without limitation: computers, office supplies, money and documents. There must be indication of those items needed to be returned at the time of presentation. 12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination. 13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 14.
CUMULATIVE RIGHTS:
The Parties’ rights under this Agreement are cumulative, and shall not
be construed as exclusive of each other unless otherwise required by
law.
15.
WAIVER: The failure of either party
to enforce any provisions of this Agreement shall not be deemed a
waiver or limitation of that party’s right to subsequently enforce
and compel strict compliance with every provision of this Agreement.
16.
SEVERABILITY:
If any part or parts
of this Agreement shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and effect.
If any provision of this Agreement is deemed invalid or
unenforceable by any court of competent jurisdiction, and if
limiting such provision would make the provision valid, then such
provision shall be deemed to be construed as so limited.
17.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Parties and
supersedes any prior understanding or representation of any kind
preceding the date of this Agreement. There are no other promises,
conditions, understandings or other agreements, whether oral or
written, relating to the subject matter of this Agreement. This
Agreement may be modified in writing and must be signed by both
Client and Designer.
18. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: Client: Designer: ________________________________ ______________________________ ________________________________ ______________________________ ________________________________ ______________________________ Either party may change such addresses from time to time by providing notice as set forth above. 19.
GOVERNING LAW:
This Agreement shall be governed by
and construed in accordance with the laws of the State of Kansas.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. |