Advertising Provisions

The following are general terms and conditions for advertising placed on Layover.com:

  1. Layover.com is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency.

  2. All advertisements are accepted and made available by Layover.com upon the representation by the agency and advertiser that they are authorized to make available on Layover.com the entire contents and subject matter thereof and that such advertisement will not violate any law or infringe upon any right of any party. In consideration of the placement of advertisements on Layover.com and any linkage to the advertiser's site on the Web, the advertiser and agency will, jointly and severally, will hold Layover.com harmless from and against any and all losses and expenses arising out of the appearance of such advertisements on Layover.com, or on the advertiser's site on the Web as linked through Layover.com, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised. It is understood that the advertiser and agency are jointly and severally liable for payment of invoices for advertising made available on Layover.com hereunder. In consideration of reviewing for acceptance, or acceptance of, any advertising for placement on Layover.com, or any linkage to the advertiser's site on the Web, the agency and advertiser agree not to make promotional or merchandising reference to Layover.com in any way except with the prior permission of Layover.com in each instance.

  3. Layover.com shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the advertising due to systems failures or other technological failures of Layover.com or the Web.

  4. No conditions, printed or otherwise, appearing on contracts, insertion orders or instructions which conflict with the provisions of this rate card will be binding on Layover.com. Except as otherwise specifically agreed by Layover.com and the advertised, all advertising positioning/placement clauses or conditions will be treated as requests only and cannot be guaranteed.

  5. Orders for advertising shall be non-cancelable after 10 business days prior to the first date on which it is scheduled to appear within Layover.com and through the advertising period agreed to pursuant to the insertion order.

  6. Unless otherwise agreed by Layover.com and advertiser, Layover.com shall have the right to insert the advertising in various areas of Layover.com from time to time in its discretion.

  7. Advertiser acknowledges that it is generally familiar with the nature of the Web and proposed uses thereof.

  8. Layover.com reserves the right to reject or cancel any advertising and/or linkage to an advertiser's site on the Web for any reason at any time, including without limitation as a result of linkages to other sites on the Web included in the advertiser's site.

  9. Unless otherwise specifically agreed by Layover.com and the advertiser, no cash discounts, volume discounts or other discounted rates will be available.

  10. Invoices will be rendered on or about the first date on which the advertising is scheduled to appear on Layover.com. Payments will be due upon receipt.

  11. Agency commission or equivalent will equal 15% of the gross advertising charges.