InsideMetals Advertising & Marketing Guide


InsideMetals.com Terms of Service

1. The Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to IM for distribution.

2. With respect to the Content submitted to IM by Client, Client represents and warrants to IM, as follows: (a) That Client is authorized to submit the Content to IM for distribution; (b) That the Content is true and accurate; (c) That the distribution of the Content does not violate the state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary rights of any third party, (d) Client is and will be solely responsible for the development, operation, and preparation of the Content and for all materials that appear therein; (e) That the Content does not contain any information which is libelous or otherwise illegal; (f) Client has investigated the desirability of utilizing IM services and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement and in the materials on IM Web site, and (g) The person or party executing this Agreement on behalf of Client is authorized to do so by the Client.

3. IM may reject the Client Content if IM determines, in its sole discretion, that the Content is unsuitable for distribution. If IM rejects the Client Content, Client is welcome to resubmit alternative Content at any time. All ticker symbols included in any Content for distribution must be for companies that have a direct role or participation in the news being announced. It is not acceptable to include ticker symbols for other companies with which the authoring company may have a current or past relationship, or which does not have a direct role on the news release topic.

4. If separate payment terms have not been agreed upon between IM and Client, payment for any services provided by IM shall be due within 10 business days of the receipt of invoice from IM by Client.

5. Except as stated on IM Web site, no warranty, express or implied, and no promise or representation has been made by IM regarding any Services to be provided by or through IM.

6. IM liability for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous conduct, acts or omissions, negligence, or under any other claim or cause or action, shall be strictly limited to the amount paid by or on behalf of the Client to IM in connection with the distribution of the Content out of which the claim by Client arises.

7. At IM sole discretion, notices by IM to Clients may be given by means of posting on the IM Web site "insidemetals.com" or by email to the Client.

8. All questions regarding IM subscriptions and/or services should be sent by means of email to: bpidding@insidemetals.com.

9. This Agreement contains the entire agreement between Client and IM regarding the services provided by IM. This Agreement replaces any and all prior written and oral understandings and writings, and may only be amended upon notice by IM to Client as set forth below or by a further agreement signed by both IM and Client. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

10. In the event any third party brings any action, arbitration, or other legal proceeding (collectively, "legal proceeding") against IM or against any third party who displays or distributes the Content with the permission of IM, or against any third party who provides advertising for IM, or against any other third party who otherwise uses the Content with IM permission (collectively hereinafter referred to as "the Indemnitees"), arising from the distribution or display of any Content provided by Client to IM or, from any breach of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of state or federal law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnitees harmless in connection with the claims made in the legal proceeding. Included in Client's obligation to indemnify, defend, and hold the Indemnitees harmless is the obligation to pay all attorneys' fees, expert witness fees, costs, and expenses incurred or to be incurred by the Indemnitees in connection with the defense of the legal proceeding (even if the legal proceeding is without merit).

11. Client hereby grants IM a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to display, exhibit, transfer, access, use, distribute, share, transmit, sell, rent, market, promote and transmit the Content provided by Client to IM.

12. Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the services provided by IM to Client shall be filed exclusively in the State of Nevada. Client consents to jurisdiction in the Courts of Nevada. In any such action, the parties agree that the law of the State of Nevada shall apply and shall govern the determination of the action.

13. If IM brings an action to collect any sums due pursuant to this Agreement, the prevailing party shall be entitled to recover his/her/itís reasonable attorneys' fees, expert witness fees, and costs.

14. The terms of this Agreement are subject to change by IM at any time as to future services, and changes shall be effective upon posting of the change at the Web site, "insidemetals.com".

15. The parties agree that IM may treat any document sent to IM by facsimile or by electronic mail as if the document were an original delivered to IM by hand delivery.


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