|QUANTster Banner Advertising Agreement / Terms and Conditions
Welcome to the QUANTster online advertising sale and display service (the "Service"). You
("Advertiser") will post a Banner Ad ("Ad") that is displayed on QUANTster.com, a World Wide
Website. You are buying the Ad from the organization or person who manages the website
("Publisher"). Ads are viewed by members of the public ("User"), who access QUANTster.com
via the World Wide Web. The Service is a venue for a Publisher and an Advertiser to organize,
complete and fulfill advertising transactions. This QUANTster Advertising Agreement (the
"Agreement") is solely between the Publisher and you, the Advertiser.
1. Conditions for Advertising / Payments:
1.1 Subject to approval by Publisher, Advertising is available to anyone who registers all the
required information and has paid for the advertising submitted ("Advertiser Content") in a
manner required herein.
1.2 Ads purchased are non-refundable and non-transferable. Once publisher has approved
and published an Ad from an Advertiser it is the sole responsibility of the Advertiser to provide
any additional Advertiser Content that may be required. Payment for Ads is due in advance
unless special arrangements are made, in writing, with the Publisher.
1.3 Advertiser agrees to pay all applicable charges under this Agreement, including any
applicable taxes or charges imposed by any government entity. Charges shall be calculated
solely based on records maintained by Publisher and its designees. No other measurements
or statistics of any kind shall have any effect under this Agreement.
1.4 Publisher and its designees reserve the right to, and in their sole discretion may, at any
time review, edit, reject, or modify any ad. No liability of Publisher or its designees shall
result from any such decision.
1.5 Payment may take place via a PayPal e-mail invoice, with credit card, using WorldPay's
secure payment system ("Payment Solution Providers"), or, upon Publishers written approval,
by wire transfer or check. PayPal payments may be limited by terms of Payment Solution
1.6 Advertiser may not use the Service in order to transmit, distribute, store or destroy
material, including without limitation Web Site Content, (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Publisher and its
designees reserve the right to restrict, suspend, or terminate Advertiser's access to all or any
part of the Ad system at any time, for any or no reason, with or without prior notice, and without
1.6 Advertiser acknowledges and agrees that Publisher or its designees may preserve
Advertiser Content and may also disclose Advertiser Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that
any Advertiser Content violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Publisher, Users, and the public.
1.7 All prices and terms are subject to change. The current terms of this Agreement can always
be publicly accessed via the Advertising page of QUANTster.com.
2. Representations and Warranties:
2.1 All advertisements are published upon the representation by the Advertiser that the
Advertiser is authorized to publish the entire contents and subject matter thereof, that the
contents are not unlawful and do not infringe the rights of any person or entity and that the
Advertiser have obtained all necessary permission or releases.
2.2 Advertiser further represents and warrants that any Web site linked to Advertiser's ad(s)
complies with all laws and regulations in any state or country where the ad is displayed, does
not breach and has not breached any duty toward or rights of any person or entity and is not
false, misleading, defamatory, libelous, slanderous or threatening.
2.3 Publisher, its affiliates, partners and third-party service providers make no guarantee
regarding the levels of impressions or clicks for any Ads placed on QUANTster.com.
2.4 Publisher, its affiliates and third-party service providers act as a passive conduit for the
online distribution and publication of Advertiser-submitted information and has no obligation
to screen communications or information in advance and is not responsible for screening or
monitoring any material posted by users.
2.5 Publisher, its affiliates and third-party service providers do not warrant or make any
representations regarding the use or the results of the use of the materials posted in terms
of their correctness, accuracy, timeliness, reliability or otherwise.
2.6 ADVERTISER ACKNOWLEDGES THAT ADVERTISER IS USING THE SERVICE AT
ADVERTISER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND PUBLISHER, ITS
AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE
SERVICE. PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR
LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON
THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY ADVERTISER FROM SERVICE PROVIDER THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
3. Limitations of Liability, Indemnification
3.1 PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE TO ADVERTISER OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE
SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, ADVERTISER'S ACCESS TO OR
INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE SERVICE, ADVERTISER'S USE OF OR RELIANCE ON THE SERVICE
OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE
SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE. ADVERTISER HEREBY AGREES TO RELEASE
PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS, AND
EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ADVERTISER'S USE OF THIS SITE. IF ADVERTISER IS A CALIFORNIA RESIDENT,
ADVERTISER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
3.2 Advertiser acknowledges that, due to the nature of the Internet, Publisher, its affiliates,
partners and third-party service providers can assume no liability for unauthorized copying
of Ad content by Users.
3.3 Each party acknowledges that the other party has entered into this Agreement relying on
the limitations of liability stated herein and that those limitations are an essential basis of the
bargain between the parties.
3.4 The entire aggregate liability for Publisher, its affiliates and third-party service providers to
Advertiser for all claims arising from the use of the Service is limited to an amount equal to the
sums actually received by Publisher under this Agreement.
4. COPYRIGHT NOTICE:
Publishers works of authorship contained in the site including but not limited to all design,
text, and images, are owned, except as otherwise expressly stated, by publisher. Except as
otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed,
distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent
use, or otherwise used in whole or in part in any manner without prior written consent, except to
the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only
with notices of proprietary rights.
5. TRADEMARK NOTICE:
"QUANTster" is a US trademark and is protected by law. Unauthorized use in forbidden. Other
featured words or symbols, used to identify the source of services, are the trademarks of their
6.1 This Agreement shall be governed in all respects by the laws of New York and the parties
agree to submit to the non-exclusive jurisdiction of the New York courts.
6.2 All correspondence should be sent to the Publisher via the address specified on
6.3 Publisher or its designees may retain and use for its own purposes all information
Advertiser provides, including but not limited to Ads, URLs, contact and billing information.
Publisher or its designees may share aggregate (i.e., not personally identifiable) information
about Advertiser with other advertisers, business partners, including syndication Partners,
sponsors, and other third parties. Publisher or its designees may use Advertiser Content in
RSS feed, its promotions, press releases and other marketing materials.
6.4 While Publisher, its affiliates, partners and third-party service providers do value Advertiser
feedback on the Services, Advertisers are asked to be specific in their comments and not to
submit creative ideas, inventions, suggestions, or materials. If, despite our request, Advertiser
sends us creative suggestions, ideas, drawings, concepts, inventions, or other information
(collectively the "Submission"), the Submission shall be the property of Publisher, its affiliates,
partners and third-party service providers. None of the Submission shall be subject to any
obligation of confidence on Publisher, its affiliates, partners and third-party service providers,
and the same shall not be liable for any use or disclosure of any Submission. Publisher, its
affiliates, partners and third-party service providers shall own exclusively all now known or
later discovered rights to the Submission and shall be entitled to unrestricted use of the
Submission for any purpose whatsoever, commercial or otherwise, without compensation
to Advertiser or any other person who submitted the Submission.
6.5 In the event that the bulk of the assets of Publisher, its affiliates, partners and third-party
service providers is acquired, user data submitted via the Service may be among the
6.6 Advertiser agrees not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Service or any activities conducted on Yahoo servers.
Advertiser agrees not to take any action that imposes an unreasonable or disproportionately
large load on the Service's hardware, bandwidth or software. Advertiser agrees not to impede
or interfere with others' use of the Service. Advertiser further agrees not to alter or tamper with
any information or materials on or associated with the Service.
6.7 The terms of this disclaimer are governed by the laws of the State of New York.