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The RingTone Pyramid

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Terms and Conditions
for Posting Images and Links

This is the statement of terms and conditions you (Advertiser) must agree with in order to place your image and link on the Pyramid, or in the background of the Pyramid, titled The RingTone Pyramid (Product), which is published on the Internet by La Costa Music (Publisher).

RIGHTS OWNERSHIP: La Costa Music owns all rights to The RingTone Pyramid and to the underlying code that is used to control the display of the Product on a web page(s). The Product and its underlying code are protected by copyright and trademark law and international treaties. The images featured on this Product are the property of their respective owners and La Costa Music is not responsible for the content of the external sites who's images and links reside on the Product.

IMAGES, LINKS, AND PAGE EDITING: You must have the legal authority to use any images and links you submit for posting, and you must also have the legal authority to promote and submit material for the website(s) you are representing. All submitted images must be in non-animated .gif or .jpg files and have a reasonable file size. And all links must begin with the standard "http://" web page addressing format.

Images, links, or landing pages that contain or promote adult, obscene, offensive, hateful, or illegal subject matter or speech, or contain links that go to other web pages or sites of like kind, will NOT be accepted. Submitted links must point to legitimate web pages only (i.e. no FTP, mail-to, etc.). Acceptability will be determined at the sole discretion of La Costa Music. La Costa Music reserves the right to reject any image, link, or landing page for any reason.

For Advertising that is purchased, acceptability will first be established. This is to say that the Advertiser's credit card payment is not processed until AFTER the image and link are reviewed and accepted. Advertiser will be notified by email regarding the acceptance or rejection of their image, link, or landing page. If rejected, you may be given a chance to change your image, link, and/or landing page as needed. However, if your first submitted material is too offensive, La Costa Music reserves the right to simply refuse further service. Or, if the re-submitted material is also rejected, La Costa Music reserves the right to also refuse any further service.

If at any time in the future, after the image, link and landing page are accepted and posted, the landing page is changed to a page that contains adult, obscene, offensive, hateful, or illegal subject matter or speech, or other non-acceptable content, or if the page contains links that go to other web pages or sites of like kind, this contract agreement will be immediately terminated. The Advertiser's image and link will be immediately removed and any block removed will subsequently become publicly available for purchase by others. No refund for such removal will be issued to the Advertiser.

Advertiser must make sure that the image and link first submitted is the correct image and link. All the details needed for a correct submission are included on the order form. If any changes to an order are needed after your image and link are posted, e.g., if you want a different image or link posted, or if you are later promoting a special time limited sale that needs a special image and/or link, etc., an office fee of $35 per changed order must be prepaid to enable a change…there is a limit of one order change per any seven (7) day period. A change is usually posted within 48 hours of the reception of the prepayment.

If at any time you want your image and link permanently removed, it will be removed. If, when your link is clicked, no landing page comes up for a period of five consecutive days, your image and link will be permanently removed...Advertiser will not receive a refund for any removed image and link and any block permanently removed will subsequently become publicly available for purchase by others.

La Costa Music retains the right to edit and modify the web page(s) where the Advertiser's image and link are posted. This editing and modifying may be done in any way and at any time, in regards to, but not limited to, the display, content, design and/or idea. This includes, but is not limited to, the right to change the wording on the page to meet any editing plan or promotion strategy Publisher deems appropriate and to reduce or increase the pixel size of the Advertiser's submitted image to exactly fit the block space purchased.

In the event of a dispute between the Advertiser and La Costa Music in the interpretation of this agreement, La Costa Music's interpretation, in its reasonable commercial judgment, shall govern.

The website, and web pages on the site, are built to be optimally viewed using the latest version of the Internet Explorer browser.

RIGHT GRANTED TO ADVERTISER AND POSTING: Upon approval of the Advertiser's submitted image and link, and upon receiving full payment from the Advertiser (the full payment amount is the dollar amount indicated on the Order Form and Paid Invoice), La Costa Music will then grant to the Advertiser the right to have an image and link placed (displayed) in the block space purchased on the Pyramid, or in the background of the Pyramid, titled The RingTone Pyramid. When you purchase an advertisement block or blocks, you are not buying a part of the website or web page upon which the pixel blocks are displayed, but only the right to place, i.e., display your image and link. Blocks which are offered free, are limited to one posted block per person and/or domain name.

This right granted to the Advertiser may not be transferred to any third party. All rights not expressly granted herein are reserved and are held solely by La Costa Music. This right granted to the Advertiser remains in effect until this agreement is terminated.

Upon approval, and upon La Costa Music having received full payment, the advertiser's purchased block will be posted and activated usually within 24 to 48 hours.

DURATION AND TERMINATION OF ADVERTISER'S GRANTED RIGHTS: The rights expressly granted to the Advertiser in this agreement will be in effect from the purchase date and continue on as long as the LaCostaMusic.com website exists…conditioned upon the Advertiser being in compliance with this agreement and upon La Costa Music retaining possession of the full dollar purchase price amount(s) paid by the Advertiser. If these conditions are not met or maintained, all rights granted to the Advertiser are thereby terminated. Upon termination of this agreement the Advertiser must forfeit the posted block(s) which then become publicly available for purchase by others.

Uptime for the website is not guaranteed as there may be occasional downtime for site maintenance, and/or downtime due to natural disasters or other things outside of the control of La Costa Music. If the website is down for any reason, there will be no refunds issued to the Advertiser for any and all downtime.

ALL SALES ARE FINAL: The Advertiser agrees and understands that all sales are final. After the Advertiser's image and link have been posted, none of the monetary amount paid by the Advertiser is refundable.

ADVERTISER AGREES TO USE FEEDBACK FORM: Advertiser agrees to use La Costa Music's Feedback Form to contact or otherwise communicate with La Costa Music…all communication must be in writing (using the Feedback Form is deemed to be "communication in writing").

LIMITATION OF LIABILITY: With regard to this agreement, under no circumstances and under no legal theory, tort, contract, or otherwise, shall La Costa Music or any other person be liable for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for downtime, for any diminished or lost web traffic and/or earnings, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will La Costa Music be liable for any damages whatsoever in regard to this agreement, or with regard to the Advertiser's rights stated herein.

THIS IS THE COMPLETE AGREEMENT: This Agreement represents the complete agreement and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. La Costa Music does not grant any right that is not specifically named in this agreement or named in amendments to this agreement (if amendments are made in the future). La Costa Music may update, add, or remove provisions in this agreement without notice.


DISCLAIMER OF WARRANTY

Product is provided on an "AS IS" basis, continual on-line access is not guaranteed and is made available without warranty of any kind, including without limitation the warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement. No guarantee of results from the use of the Product is either expressed or implied. This disclaimer of warranty constitutes an essential part of the agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction.

AGREE TO BE BOUND AND ARE BECOMING A PARTY TO THIS AGREEMENT: Advertiser agrees to be bound, and becomes a party to this agreement by purchasing a block or blocks and/or by having the Advertiser's image and link posted on The RingTone Pyramid.


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