Cyprus.com Terms and Conditions for Advertising

Last updated on January 5, 2018.

The following terms and conditions apply to the purchase and use of advertising space on www.cyprus.com and all other associated websites and mobile applications (collectively, the “Site”) by any person(s) or entity(ies) (collectively the “Advertiser”) and are effective immediately following the signing of a Cyprus.com Sales Order and its attached Appendices (collectively the “Contract”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ADVERTISING ON THE SITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.

Advertisement Display and Services

Cyprus.com will provide the advertisement(s)/services specified in the Contract (subject to the restrictions and right to reject and/or cancel described herein).

Payment/Consideration

Advertiser will provide payment to Cyprus.com in accordance with the provisions set forth in the Contract. In case Advertiser fails to meet the provisions set forth in the Contract, Cyprus.com reserves the right to terminate the Contract and remove any advertising display on the Site associated with the Contract and Advertiser will remain liable for all outstanding balances for the term of Advertiser’s contract, including any costs of collection such as legal and court fees.

Term

Initial term of advertisement display is twelve (12) months unless otherwise stated in the Contract. The term of advertisement display is effective on the start date indicated in the Contract and is independent of when the advertising display artwork or content is submitted to Cyprus.com.

Cyprus.com reserves the right to terminate the Contract at any time, and Cyprus.com will return any prepaid pro-rata advertising fees to Advertiser (in which case refund of those pro-rata fees shall be Advertiser’s sole remedy for the termination of the Contract).

Advertisement Changes

During the initial term or any subsequent terms of advertisement display, Advertiser may make a request of change of advertisement display to Cyprus.com and submit an alternative advertisement display. Upon said request, the advertisement display will be modified within a reasonable timeframe.

If the requested change to advertisement display does not receive administrative approval, notice, along with explanation, will be forwarded to Advertiser within a reasonable period of time and the advertisement display will remain unchanged and as originally submitted.

Public Relations

Cyprus.com retains the right to refer to Advertiser as a sponsor in its website, press releases and marketing collateral.

Advertiser retains the right to refer to itself as a sponsor of Cyprus.com in its own website, press releases and marketing collateral.

Proprietary Rights

Advertiser assumes all responsibility of copyright for any and all content it submits to Cyprus.com or posts on the Site and grants Cyprus.com a non-exclusive, sub-licensable right to display this content on the Site.

Advertiser agrees that it shall not have, nor will it claim, any right, title, or interest in any advertising content delivered by Cyprus.com, (other than Advertiser’s own advertising content).

Advertiser understands that, Cyprus.com grants Advertiser no license to Cyprus.com advertising content, the name of Cyprus.com as indicated herein, or any other trademark, logos, copyrights, patent, trade secrets, or other intellectual property rights which are owned or controlled by Cyprus.com and made available to Advertiser in any manner.

Governing Law

The Contract shall be construed and interpreted according to the laws of the Republic of Cyprus. The parties hereby consent to the exclusive jurisdiction of the courts of the Republic of Cyprus. All written notices between the parties shall be deemed to have been given if personally delivered, sent by courier or certified registered or express mail, transmitted by electronic mail via the Internet (with copy sent by registered or certified mail) to the addresses set forth as follows or as otherwise directed in writing:

Notices

Unless otherwise provided, all notices shall be deemed to have been duly given on (a) the date of receipt (or if delivery is refused, the date of such refusal) if delivered personally, by electronic mail or by courier; or (b) three (3) business days after the date of posting if transmitted by mail.

Waiver/Severability

The waiver by either party of a breach or right under the Contract will not constitute a waiver or any other or subsequent breach or right. If any provision of the Terms & Conditions for Advertising is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be covered from the remainder of the Terms & Conditions for Advertising, which will remain in full force and effect.

Force Majeure

Cyprus.com shall not be in default or otherwise liable for any delay in a failure of its performance under the Contract where such delay or failure of its performance under this Contract arises by reason of an Act of God, or any government, acts of war, the elements, strikes or labor disputes or other causes beyond the control of Cyprus.com.

Content Restrictions and Right to Reject and Cancel

Advertisements shall not contain or contain links to, content promoting the use of tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content; expletive or inappropriate language; content promoting illegal activity, racism, hate, “spam”, mail fraud, pyramid schemes, or investment opportunities or advice not permitted under law; content that is libelous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by Cyprus.com in its sole discretion. Advertiser understands and agrees that a violation of the above restrictions as stated herein may result in the suspension, termination and removal of the active advertisement or any other action deemed necessary in Cyprus.com’s sole discretion.

Cyprus.com reserves the right to reject or cancel any advertisement and/or linkage to an advertiser’s site for any reason which Cyprus.com believes in good-faith to be detrimental to Cyprus.com, its agents, employees and/or assigns, including but not meant to limit, the following: Advertisements which do not meet the specifications stated in the Contract, fail to conform to applicable laws and regulations, Cyprus.com policies, or the public interest.

If Cyprus.com rejects Advertiser’s Advertisement or terminates its display, then this Contract shall be terminated, and Cyprus.com will return any prepaid pro-rata advertising fees to Advertiser (in which case refund of those pro-rata fees shall be Advertiser’s sole remedy for the termination of the Contract).

Limitation of Liability

Cyprus.com and Advertiser agree that Cyprus.com exercises no control and has no responsibility whatsoever over the content or quality of any advertising material; use of Cyprus.com’s service is at Advertiser’s own risk and this is not a contract for the sale of goods. Except as expressly provided herein, the services are provided “as is” and “as available” and Cyprus.com disclaims all warranties of any kind, whether express or implied, for the advertisement services, including but not limited to the implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Cyprus.com shall not be liable for any advertisers whose content appears on its site. Nor the contents of any advertisement, nor shall Cyprus.com be liable for any loss, cost, damage, or expense (including attorneys fees) incurred by Advertiser in connection with an Advertiser’s participation in the Cyprus.com site.

Advertiser makes no guarantees with respect to the services rendered under this Contract and neither Cyprus.com, any of its officers, directors, agents, members or sponsors shall have any liability as a result of Cyprus.com’s performance of the Contract, including, without limitation, Internet disruption, interrupted service, errors or delays in providing service, levels of use or minimum impressions, views, hits, clicks, leads, sales, loss of data, failure to provide requested subject categories, failure to meet Advertiser’s requirement, or other injury, damage or disruption to Advertiser or Advertiser’s website.

Without limiting the foregoing, Cyprus.com‘s entire liability under, for breach of, arising under, or related to the Contract or the services to be provided hereunder (whether in tort, contract or any other theory), and Advertiser’s sole remedy is for Cyprus.com if possible, to provide the services agreed hereunder or refund any pro-rata amounts prepaid by advertiser related to the services giving rise to such liability. In no event shall Cyprus.com be liable for direct, exemplary, special, incidental consequential damages, or costs, including but not limited to, any lost profits or revenues, loss of use or good will, or any third party claims.

Indemnification

Advertiser at its own expense shall indemnify defend and hold Cyprus.com and its officers, directors, employees, agents, distributors and licensees harmless from and against any judgment, losses, deficiencies damages, liabilities, costs and expenses (including attorney fees) incurred in connection with or arising from any claim, suit, action or proceeding to the extent the basis thereof relates to a breach by advertiser under this Contract or in connection with claims arising out of publication of any content or information published by advertiser hereunder (including without limitation, any claim of trademark or copyright infringement, libel, defamation or breach of confidentiality) or any product or service related to such content or information or any breach of a third party contract.

Independent Contractor

The parties to the Contract are independent contractors and neither party is an agent or partner of the other party. Neither party shall have any right, power or authority to enter into any Contract or act on behalf of or incur any obligation or liability of, or to otherwise bind, the other party. The Contract shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.