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Terms and Conditions Company Directory Terms and Conditions | Company Directory Terms and Conditions |
Bachelor Party Portal Directory Submit Terms of Service1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT 1.1 The Bachelor Party Portal Directory Submit Service ("Bachelor Party Portal Directory Submit" or the "Service"), owned and operated by Webynsight LLC ("Webynsight") is provided to you ("you" or "Applicant") under the terms and conditions of this Bachelor Party Portal Service Agreement (the "Agreement"). 1.2 BY COMPLETING THE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. 1.3 Webynsight reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often. 2.0 DESCRIPTION OF BACHELOR PARTY PORTAL DIRECTORY SUBMIT SERVICE 2.1 Bachelor Party Portal Directory Submit is a free and fee-based service that allows you to add your company information for possible inclusion in Bachelor Party Portal's directory (the "Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in Bachelor Party Portal's sole discretion, if your web site is accepted for inclusion in the Directory through Bachelor Party Portal, then your web site's continued inclusion in the Directory will be subject to an additional review each year and to the applicable, then-current NON-REFUNDABLE fee ("Annual Fee"). You may choose to submit your site for consideration through Bachelor Party Portal's free service. Note: due to the number of free suggestions received, Bachelor Party Portal cannot guarantee a response within a particular time period. When you submit through Bachelor Party Portal Directory Submit, Bachelor Party Portal's directory team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in Bachelor Party Portal Directory Submit in accordance with this Agreement, Bachelor Party Portal agrees that its directory team will review your site for possible inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your site for consideration (excluding holiday periods observed by Bachelor Party Portal and any delays due to problems processing your request). Response times are measured on Bachelor Party Portal's mail servers. 2.2 NOTHING IN THIS AGREEMENT OBLIGATES THE BACHELOR PARTY PORTAL TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON BACHELOR PARTY PORTAL OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES BACHELOR PARTY PORTAL TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE. 2.3 Please note that Bachelor Party Portal Directory Submit is only open to sites that DO NOT ALREADY EXIST in the Directory. Do not submit your site to the Bachelor Party Portal Directory Submit program if your site already appears in the Directory. Nor should you submit change requests to the Bachelor Party Portal Directory Submit program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site), you must use the change form, NOT Bachelor Party Portal Directory Submit. If you do not have or remember your login information to make these changes, please contact us. You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations. 3.0 MINIMUM SITE CRITERIA
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND BACHELOR PARTY PORTAL, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE. 4.0 SELECTION AND LISTING OF SITES 4.1 Bachelor Party Portal reserves the right to decide whether, where, and how a site is listed in the Directory. If Bachelor Party Portal accepts your site for inclusion in the Directory, Bachelor Party Portal will consider your preferences, but reserves the right to list your site in any category or subcategory as Bachelor Party Portal deems appropriate, in its sole discretion. Bachelor Party Portal reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory. 4.2 Bachelor Party Portal also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site. Please note: Bachelor Party Portal Directory does not accept listings for online gambling sites and prescription drug sites. Online gambling sites are those that have gambling as their central theme, including those that accept wagers or require payment in exchange for the chance to win prizes, as well as sites that offer both information and links related primarily to the promotion of online gambling. Prescription drug sites are those that sell prescription drug products, as well as sites that offer information or links related primarily to the sale of prescription drugs. 4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by Bachelor Party Portal in writing. Bachelor Party Portal reserves the right to withhold approval of any public announcement in its sole discretion. 5.0 FEEDBACK 5.1 Bachelor Party Portal will contact Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by Bachelor Party Portal. Bachelor Party Portal must receive the Applicant's email within thirty days from the date that Bachelor Party Portal transmits the rejection email to the Applicant. If the request is timely received, Bachelor Party Portal will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If Bachelor Party Portal reaffirms its denial of the site, no further appeals or submissions will be considered. 5.2 If Bachelor Party Portal accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by Bachelor Party Portal. Bachelor Party Portal must receive the Applicant's email within thirty days from the date that Bachelor Party Portal transmits the acceptance email to the Applicant. If a timely request is received, Bachelor Party Portal will again review the Applicant's site and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must comply with Bachelor Party Portal's standard change process form to make any changes to the listing in the Directory. 6.0 TERMINATION 6.1 If you wish to terminate participation in the Bachelor Party Portal Directory Submit program, you must send a notice to Bachelor Party Portal as set forth in Section 11,"Notices," below. Please state that you wish to terminate your site's inclusion in the Bachelor Party Portal Directory and from Bachelor Party Portal Directory Submit. Once Bachelor Party Portal receives such notification from you, your participation in the Bachelor Party Portal Directory Submit program will cease and your listing will be removed. 7.0 APPLICANT PRIVACY 7.1 Bachelor Party Portal maintains information about Applicant on Bachelor Party Portal servers, including but not limited to Applicant's registration information. Applicant agrees that Bachelor Party Portal may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Bachelor Party Portal may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Bachelor Party Portal or others; provided, however, that nothing in this section shall impose a duty on Bachelor Party Portal to make any such disclosures. 7.2 Bachelor Party Portal may contact Applicant regarding Bachelor Party Portal Directory Submit using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Bachelor Party Portal's advertisers. 8.0 INDEMNITY Applicant agrees to indemnify, defend and hold harmless Bachelor Party Portal, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Bachelor Party Portal reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations. 9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES 9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. 9.2 BACHELOR PARTY PORTAL, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF BACHELOR PARTY PORTAL IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BACHELOR PARTY PORTAL'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR BACHELOR PARTY PORTAL'S CONTINUED LISTING OF A SITE IN THE DIRECTORY. 9.3 BACHELOR PARTY PORTAL'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO BACHELOR PARTY PORTAL UNDER THIS AGREEMENT. 10.0 FORCE MAJEURE 10.1 Bachelor Party Portal is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control. 11.0 NOTICES 11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Bachelor Party Portal, such notices shall be addressed to
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It is the Applicant's responsibility to provide an accurate address and to ensure that Bachelor Party Portal is notified of any changes to Applicant's address as specified in this Section. 12.0 ENTIRE AGREEMENT 12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Bachelor Party Portal Terms of Service and the Bachelor Party Portal Privacy Policy. 13.0 GENERAL 13.1 The Agreement and the relationship between Applicant and Bachelor Party Portal are governed by the laws of the state of Colorado, U.S.A., without regard to that state's conflict of laws rules. Applicant and Bachelor Party Portal hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Colorado for the County of Boulder or the United States District Court for the Northern District of Colorado for the resolution of disputes arising from or in connection with this Agreement. Bachelor Party Portal's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute orlaw to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Colorado for the County of Boulder or the United States District Court for the Northern District of Colorado within one (1) calendar year after such claim or cause of action arose or be forever barred. 13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect. |
