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Terms & Conditions (Advertising):-

These terms apply if you are advertising on Galaxy Graphics (.co.uk) or a site owned/operated by Galaxy Graphics.

These terms are for the use of advertising space on ___________, by __________, (Hereafter referred to as the “Advertiser”), in the form of a Banner advertisement of standard size (468 x 60 pixels), hereafter referred to as the “Banner”

1. Positioning: There will be a maximum of 1 Banner per page. The Banner will appear at the top of the page, above any content, and remain there for the duration of the contracted time. The Advertisers Banner will not share the page with any other Third party advertising. Galaxy Graphics reserve the right to change any of the content on the page during the term of the contract except for the main item on the page, the Flash game, which is the cause of traffic to the page.

2. Banner size and appearance: You must provide your own standard size Banner (468 pixels by 60 pixels)..If desired, Galaxy Graphics can design a Banner for you, details of which are available upon request. The Banner must have a file size below 25k.

3. Advertiser's Representations; Indemnification. Advertiser represents and warrants to Galaxy Graphics, and Third Parties (if any), that Advertiser holds all necessary rights to permit the use of the advertisement by Galaxy Graphics for the purpose of this Agreement; and that the use, reproduction, distribution, transmission or display of advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not (a) violate any criminal laws or any rights of any third parties or (b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Advertiser agrees to indemnify, defend and hold Galaxy Graphics and Third Parties (if any) harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) breach of any of the foregoing representations and warranties, or (ii) any third-party claim arising from use of or access to the advertisement under this Agreement or any material to which users can link, or any products or services made available to users, through the advertisement under this Agreement.

4. Pricing: Banner prices may change at any time. Price changes will at no time effect the banner space(s) that have already been reserved or have been paid for prior to the price change(s).

5. Downtime: Galaxy Graphics will not be held financially responsible for any downtime of Galaxy Graphics unless the site is down for a period of over 72 hours. In this case Galaxy Graphics will compensate the Advertiser financially for the lost time in accordance with the amount of downtime versus uptime.

6. Replacement: If for any reason the Advertiser wishes to replace their Banner, Galaxy Graphics will replace the Banner with another free of charge within 7 working days of receipt.

7. Link change: If for any reason the Advertiser wishes to change the URL the link points to. Galaxy Graphics will change this link free of charge within 7 working days of receipt.

8. Removal: If for any reason you wish to remove your banner(s) then the banner(s) will be removed within 7 working days of receipt with no financial compensation for the remainder of your advertising agreement with Galaxy Graphics.

9. Indemnification: The Advertiser shall defend, indemnify and hold harmless Galaxy Graphics and its successors and assigns, and its employees and agents from and against any and all liabilities, losses, damages, claims, suits and expenses, arising from the display of the Banner.

10. Termination: Galaxy Graphics may terminate this Agreement if the Advertiser is in default of any of the terms and conditions of this Agreement, and termination is effective if the Advertiser fails to correct such default within fourteen (14) days after written notice thereof by Galaxy Graphics.

11. No Assignment or Resale of Ad Space. The Advertiser may not resell, assign, or transfer any of its rights hereunder. Any attempt by Advertiser to resell, assign or transfer such rights shall result in immediate and automatic termination of this Agreement, without liability to Galaxy Graphics.

12. Limitation of Liability: IN NO EVENT SHALL Galaxy Graphics BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF Galaxy Graphics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Galaxy Graphics's AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY Galaxy Graphics FROM ADVERTISER FOR THE INSERTION ORDER GIVING RISE TO THE CLAIM. Without limiting the foregoing, Galaxy Graphics shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any other condition affecting production or delivery in any manner beyond the control of Galaxy Graphics. Advertiser acknowledges that Galaxy Graphics has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.



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