Terms And Conditions

Terms and Conditions for advertising with Heywhatzup.com

Advertisers and Company hereby agree that the online Advertising Agreement between them, including Add Placement Form, linking agreement, and rights to pictures released to Heywhatzup.com, shall be governed by the following Standard Terms and Conditions.

1. Rights to refuse service. Heywhatzup.com has the right to refuse service to anyone, business, or company thereof. It is the responsibility of the advertiser to have read the requirements to post on Heywahtzup.com. If Heywahtzup.com finds that your advertisement does not meet the requirements in posting in Heywhatzup.com. Then Heywhatzup.com has the right to reject your advertisement, media, events, and thereof, without any reasons forbearing for the decision.
2. Agreement. These terms and conditions together with the accompanying signed Add Placement Form constitutes a binding agreement between advertiser identified on the Add Placement Form written or online and the Heywhatzup.com (HWuP). The agreement may not be assigned or transferred by the advertiser.
3. Advertiser. The advertiser shall purchase the online advertising package at the rate listed, and for the duration specified, in the accompanying Add Placement Form written or online.
4. Advertising Agencies. If Advertiser is using an advertising agency for the purposes of the Agreement, Advertiser and such agency (“the Agent”) shall be jointly and severally liable hereunder, and Heywhatzup.com may pursue any applicable remedies in the event of default of this Agreement (including any under- or non-payment) against Agent or Advertiser or both without any requirements of first seeking a remedy from one or the other. This Agreement renders void any statements concerning liability which may appear on correspondence from Agency or Advertiser. Advertiser and Agent further agree that Heywahtzup.com does not and will not accept advertising orders or space reservations claiming a sequential liability. The person or entity signing this contract on behalf of Advertiser warrants that such person or entity is duly authorized and had full power to bind Advertiser to this contract and agrees to indemnify and hold Heywhatzup.com and subsidiaries and affiliated companies, and all claims, losses, damages or costs (including reasonable attorney’s fees) arising out of a breach of the foregoing warranty. Advertiser shall be solely responsible for any commission or other payment due to Agent.
5. Positioning. Positioning of the advertisement is at the sole discretion of Heywhatzup.com. (HWuP). Advertiser acknowledges that Heywhatzup.com has not made any guarantees with respect to usage, statistics, or level of impressions for any advertising. The extent of Heywhatzup.com provides Advertiser with estimated usage it does so only as a courtesy to Advertiser and shall not be held liable for any claims related to usage. Heywhatzup.com does not guarantee any minimum level of audience, or minimum number of impressions or click-throughs with respect to the Advertisement(s) or other material provided by Advertiser.
6. Payment is made prior to advertising, and upon the yearly renewal date. Heywhatzup.com has 10 days to post your advertisement. Upon the date of advertisement is the date of the first post and the yearly renewal date. In the event any account comes past due, the full amount account shall be due within 10 days after alleged due date. Full payment will be of request by Heywahtzup.com. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable, including attorney’s fees and cost.
7. Heywhatzup.com reserves the right to increase its rates under this Agreement from time to time upon at least 30 days prior written notice to Advertiser. If Advertiser objects to such rate increases, it shall have the option to discontinue display of Advertiser’s material on the Site(s) by giving written notice to Heywhatzup.com prior to the effective date of such increase. Advertiser’s right to discontinue the display of its Advertisement(s) or other material shall be its sole remedy in the event of such rate increase. Advertiser does not discontinue display of its Advertisements; the Advertiser shall be subjected to the increased rate.
8. Content.com is a family friendly site. The content of your advertisement will be clear to this. There is absolutely no explicit, inflammatory, or abusive content, media, advertisement, or events to be posted on Heywhatzup.com. Immediate removal of your advertisement will take affect and you may be forever forbidden to advertise with Heywhatzup.com again. It is upon Heywhatzup.com to deem what is and what isn’t appropriate for Heywhatzup.com. By agreeing to this section, you have read the rules and regulations content.
9. Removal or Change of Content on the site.com, in its sole discretion, may remove or revise its sites, including the Sites content, nature, design, and/or organization, during the term of this agreement. If any such revision materially alters the value of the Advertisements(s) on such Sites, Heywhatzup.com will notify Advertiser of such revisions. If the parties cannot agree upon a satisfactory substitution for the affected Advertising due to such revision advertiser may cancel this agreement(s) and shall not have to pay (or shall receive a refund) for Advertisements not displayed due to such cancellation. Such cancellation shall be Advertiser’s sole remedy and Heywhatzup.com shall have no further liability whatsoever. Heywhatzup.com may also change the URL for the site upon reasonable notice to Advertiser.
10. Linking. Heywhatzup.com has all rights to link to your website, Facebook, or other online sources submitted that represents the Advertiser, your business, and or your company. Heywhatzup.com will not share your links to any outside sources. By agreeing to these terms and conditions, you, your business, or your company does not hold Heywhatzup.com accountable for any legal findings by using your links on Heywhatzup.com. By agreeing to the terms and conditions, you have also agreed for Heywhatzup.com to post your links on Heywatzup.com website.

11. Media. All media and pictures submitted to Heywhatzup.com is now the rights of Heywhatzup.com. If you do not have the rights to media, pictures, and films. Then it is up to you to get those before they are submitted to Heywhatzup.com. Heywhatzup.com will not be bound to any legal issues that you do not have the rights to. If Heywhatzup.com finds illegal fault by advertiser, company, and or business for using and distribution media and pictures that are not rightfully yours, then Heywhatzup.com may seek legal support for such actions.

12. Photo Releases. Photographs of individuals to be used in advertising must be accompanied by a signed release from the individual permitting the use of the photograph(s). Release forms are available from your account executive.
13. Ownership. All advertising material or other content that represents and /or utilizes the creativity, illustration, labor, composition or material furnished by Heywhatzup.com is the property of Heywhatzup.com, including all rights of copyright therein. Advertiser may not authorize the use of such material in any medium without Heywhatzup.com prior written consent.
14. User Information. Any user or usage or information collected via Heywhatzup.com Sites to Heywhatzup.com’s Sites shall be the property of Heywhatzup.com. Advertiser shall have no rights in such information by virtue of these Agreement. Any user or usage or information collected via Heywhatzup.com shall be the property of Heywhatzup.com.
15. Cancellation. Notwithstanding anything in the s Agreement to the contrary, the Heywhatzup.com reserves the right to reject or cancel any advertisement at any time, for any reason (including but not limited to Heywhatzup.com belief that the advertisement conflicts with Heywhatzup.com policy or association objectives, competes with Heywhatzup.com products or services, is false or misleading, may degrade the graphic quality of the Heywhatzup.com website, or may subject the Heywhatzup.com to criminal or civil liability.
16. Indemnification. Advertiser assumes all liability for content of advertising and agrees to defend, hold harmless, and indemnify Heywhatzup.com from all claims, losses, judgements, damages, costs and expenses of any nature whatsoever, including but not limited to reasonable attorney fees, for which the Heywhatzup.com may become liable by reason of its publication of Advertisers advertisements.
17. Liability Limitation. Liability for typographical errors, wrong insertions, late publications, and/or non publication, or other Association nonperformance is limited to the amount charged to the Advertiser by the Heywatzup.com. In no event shall Heywhatzup.com be liable to Advertiser or to any third party for any indirect, special, or consequential damages, including but not limited to lost profits or unrealized business opportunities arising out of this agreement or the publication or failure to publish any advertisement.
18. Technical Quality. Heywhatzup.com shall not be responsible for any material that is not properly displayed or that cannot be accessed or viewed because material was not received by Heywhatzup.com in the proper form, in a timely manner, or in an unacceptable technical quality for display on the Heywhatzup.com sites. This agreement cannot be invalidated, and Heywhatzup.com will not be liable for, typographical errors, incorrect insertions or omissions in any Advertisement displayed pursuant to this Agreement or omitted from display.
19. Failure to Display Advertising Material. Heywhatzup.com are not required to display Advertisement or other material for the benefit of any person or entity other than Advertiser. If, for reasons beyond Heywhatzup.com control, including, but limited to, legal restrictions, acts of God, labor disputes, force majeure, necessity, mechanical or electronic failure, there is an interruption or omission of the display or any Advertisement(s) or other material contracted to be displayed hereunder, Heywhatzup.com may suggest a substitute time period for the display of the interrupted of omitted Advertisements in a different position on the Heywhatzup.com sites, as applicable. Alternatively, in cases where Advertiser in Advertiser’s good faith business judgement, Heywhatzup.com shall provide “make good” reduction in the amount if fees due the Heywhatzup.com (or credit fees paid) equal to the proportionate amount of money assigned to the interrupted or omitted display of advertisement(s) or other material. Such substitution in time period of placement of the Advertisement or reduction in fees shall be Advertiser’s sole remedy for any failure to display advertising material and Heywhatzup.com shall have no further liability.
20. Termination. Heywhatzup.com shall be entitled to terminate this Agreement with or without cause upon 30 days written notice to Advertiser. In the event of termination under this paragraph, Heywhatzup.com shall refund or credit Advertiser for the unused pro-rated portion of the price of the advertising purchased.
21. 21. Default by Advertiser.com may terminate this Agreement at any time upon notice to Advertiser in the event of default by Advertiser in the payment of any invoice or any other breach of the Agreement. Upon such termination, all charges for services completed hereunder shall become immediately due and payable, including interest on any sums not paid when due. Notwithstanding anything in this Agreement to the contrary, any termination or cancelation of this Agreement shall not release Advertiser from its obligation to pay for all Advertisements that have been displayed on the Heywhatzup.com site(s). Heywhatzup.com or for other charges as proved herein incurred prior to the date of such termination or cancellation becomes effective. In addition to any of Heywhatzup.com rights and remedies under this Agreement or this section, if Advertiser fails to timely pay as provided for in this Agreement, Advertiser agrees to indemnify the Heywhatzup.com for all expenses incurred in connection with collection of amounts payable under this Agreement, including interest, court costs and attorney’s fees.
22. Extension. Upon the written agreement of the parties, this Agreement may be extended to cover additional Advertisements, material or time period upon the same terms and conditions.
23. Third Party Beneficiaries. The disclaimer and limitations of liability made by Heywhatzup.com, and the representations and warranties made by Advertiser in the Agreement shall apply to Heywhatzup.com vendors as intended third party beneficiaries of the Agreement.
24. Notices. Any notices required or permitted under the Agreement shall be in writing and shall be delivered to the contact person listed on the Add Placement Form by email, hand delivery: registered, express, or certified mail, return receipt requested, postage prepaid: or nationally recognized express courier. Such notice will be deemed to have been given as of the date it has been so delivered or deposited, or five days after it has been mailed or emailed.
25. Consent to receive Faxes. Advertiser consents to receive facsimile communications from Heywahtzup.com regarding goods and services at the facsimile given during Advertisement Contract.
26. Credit Check. The terms of this Agreement may be subject to a satisfactory credit check on Advertiser and/or Agent. Heywhatzup.com may request advance payment for any Advertisements(s) or other material provided by Advertiser or Agent of parodic credit checks are not satisfactory, that is not subject to immediate payment, from Advertiser, if this case should arise.
27. Billing Credits. Any claims by Advertiser for a credit related to rates incorrectly invoiced or paid must be submitted in writing to Heywhatzup.com within ninety (90) days of the invoice date or the claim will be waived.
28. Taxes. In the event that any federal, state, or local taxes are imposed on the display of Advertiser’s Advertisements or its other material on Heywhatzup.com’s sites. Such taxes shall be assumed and paid by Advertiser.
29. Assignment. This Agreement may not be assigned or transferred by Advertiser without the prior written consent of Company.
30. Waiver. Failure of Company to enforce any provision of this Agreement shall not be construed as a general relinquishment or waiver as to that provision or any other provision hereof.
31. Governing Law. This agreement is governed by the laws of the States that Advertiser has placed advertisements in and that of the location Heywhatzup.com Advertised the Advertisers advertisements.

32. Force Majeure. If any party is prevented from performing any of its obligations due to any cause beyond the party’s reasonable control, including, without limitation, fire, war, strike, riot, labor dispute, change of law, government policy or regulation, or an act of God, that party’s performance will be excused for the period of the delay or inability to perform due to such occurrence. Should such party’s inability to perform continue for more than thirty (30) days, the other party shall have the right to immediately terminate this Agreement.
33. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, that provision to that extent necessary shall be severed from this Agreement (but, to the extent permitted by law, not otherwise), and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
34. Waiver of Jury Trial. Each party specifically waives any right to trial by jury in any court with respect to any claim against the other arising out of or connected in any way to this Agreement.
35. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the subject matter herein contained and supersedes all prior agreements. No change or modification of any of the terms and provisions of this Agreement shall be effective unless made in writing and signed by both parties. Any language contained in any letter, purchase order or other form relating to the subject matter for this Agreement shall be of no force or effect. The Company’s advertising sales or customer representatives are not authorized to amend or modify the terms of this Agreement or modify rates either orally or in writing.
36. Miscellaneous. All capitalized terms not defined in these Standard Terms and Conditions will have the meaning set forth in the Add Placement Form In the event of any conflict between these Standard Terms and Conditions and the terms of any Add Placement Form attached to it or combined in the online Add Placement Form, the Standard Terms and Conditions shall prevail. Nothing in this Agreement limits the ability of either party to enter into other agreements with third parties with respect to arrangements similar in nature to or the same as those covered under this Agreement. Sections 3, 4, 6, 10, 12, 13, 16, 17, 19, and 23 shall survive any expiration or termination of this Agreement.