By agreeing to our terms of service, the Advertiser hereby agrees to the following Terms and Conditions, which are included and made a part of that Advertising Agreement as if fully set forth therein. The Terms and Conditions and the Advertising Agreement shall be referred to herein collectively as the "Agreement." TravelNet Accommodations Network and all of its Accommodations Directories shall be referred to herein as "TravelNet".
TravelNet makes no warranties, express or implied, other than those presented in this Agreement.
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Advertiser represents and warrants that: (1) the material provided to TravelNet is original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all rights, permissions and licenses necessary for TravelNet to use the material in the preparation of Advertiser's web pages and in any other printed matter prepared by TravelNet in the normal course of business; (2) the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation.
IN NO EVENT WILL TRAVELNET BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT TRAVELNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. The courts located in the Province of British Columbia, Canada shall have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection with this Agreement, or any breach thereof.
This Agreement and any and all exhibits and attachments are the complete and exclusive understanding between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order or prior correspondence between Advertiser and TravelNet. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
Advertiser may cancel this Agreement at any time by giving TravelNet thirty (30) days written notice delivered to TravelNet via email, fax or mail and further provided that there is no outstanding balance with TravelNet. TravelNet will make every effort to stop displaying Advertiser's web pages immediately upon receipt of such notice. The Advertiser agrees that by cancelling the Agreement, it forfeits all fees paid in advance.