BY CREATING AN ACCOUNT OR SIGNING IN, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS ADVERTISING AGREEMENT (THE "AGREEMENT").
"I'm in!" means GroupGo, LLC. "Advertiser" means you, the individual person using the advertising services on your own behalf. By entering this Agreement, you represent that you are at least 18 years of age, and that there is no legal reason that you cannot enter into a binding contract. If the advertising services are being used on behalf of an organization, such as an hotel or tour operator, "Advertiser" means the organization for which the advertising services will be provided and you represent that you are authorized by the organization to accept this Agreement on its behalf.
The following terms and conditions apply to the receipt of advertising materials by I'm in! (including without limitation information about Advertiser, urls, copy, photos, captions and other content) from Advertiser to be displayed on the I'm in! website or network of sites which refer traffic to I'm in! (collectively referred to as the I'm in! Network).
Advertisement: As an I'm in! Advertiser, you are given an opportunity to have your advertising displayed on the I'm in! Network. In all cases, the Advertiser's submissions or modifications shall be made through the I'm in! Partner Network page presently located at https://www.imin.com/partner. Advertising on the I'm in! Network is subject to prior approval of I'm in! I'm in! reserves the right to refuse service to any new or existing Advertiser, in its sole discretion, with or without cause. I'm in! reserves the right, in its sole discretion and without liability, to withhold approval of Advertising in the I'm in! Network for any reason. I'm in! reserves the right, in its sole discretion and without liability, to reject, omit, or exclude any Advertiser, Advertisement or Campaign for any reason at any time, with or without notice to the Advertiser and regardless of whether such Advertiser or Advertisement was previously accepted. This Agreement is terminable by I'm in! immediately if Advertiser fails to disclose, conceals or misrepresents itself in any way. Termination notice may be provided via email or any other public means and will be effective immediately. Any premium advertising purchased by Advertiser (such as, sponsored links, banners, inclusion in I'm in! emails) will be covered by a separate advertising agreement.
Content: Positioning of advertising within search results are based on search algorithms set at the sole discretion of I'm in! I'm in! reserves the right to remove or add any keyword or search tag that enhances the search for the user experience or that it believes to be a trademark, trade name, company name, product name or brand name belonging to or claimed by a third party. Content provided by an Advertiser is the property of the Advertiser.
Representation: Advertiser represents and warrants that: (1) it is the owner or is licensed or is allowed to use the entire content and subject matter contained in the Advertisement; (2) the Advertisement is free of any "worm", "virus" or other device that could impair or injure any person or entity; (3) the Advertisement does not violate any law or regulation governing false or deceptive advertising, sweepstakes, gambling, comparative advertising, or trade disparagement; (4) the Advertisement does not contain any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (5) the advertisement does not contain any inappropriate or offensive content; (6) Advertiser is generally familiar with the nature of the Internet and will comply with all laws and regulations that may apply; and (7) the advertisement does not and will not infringe any copyright, trademark, patent or other proprietary right. Advertiser grants I'm in! the right to use the Advertisement on the non-I'm in! website portion of the I'm in! Network , if approved by the Advertiser.
Data: I'm in! is the sole owner of all impression, click, email, and both individual and aggregate web user data collected by I'm in!. Advertiser will be able to access this data via the I'm in! website. I'm in! from time to time may change the type and amount of data available to Advertisers.
No Guarantee: I'm in! does not guarantee any minimum amount of impressions, page views, clicks, leads, traffic referrals or success of any Advertisement.
Payment Terms: For any given Advertisement placed by the Advertiser, Advertiser agrees to pay I'm in! all applicable charges in United States dollars (including, if any, all applicable taxes) in accordance with the terms of this Agreement and the provisions regarding payment contained on the I'm in! site. All advertising fees are pre-paid and are non-refundable. Advertiser agrees that its payment to I'm in! reflects the purchase of Marketing Credits ("Marketing Credits") When users take select actions related to an Advertiser's content, an Advertiser's account balance of Marketing Credits will be decremented. When an Advertiser's Marketing Credit balance has reached zero, Advertisers have the option of purchasing more Marketing Credits or allowing their itineraries to potentially become deactivated meaning they will not be available to users. Marketing Credits expire 12 months from the month of initial or incremental purchase. I'm in! reserves the right to change the value and cost of Marketing Credits related to certain user actions at any time, however I'm in! will notify Advertiser of any substantive changes to the cost and value of Marketing Credits. The current value of Marketing Credits and amount deremented based on select user actions are available on the I'm in! website. I'm in! will not have an obligation nor any liability to Advertiser to begin promoting an Advertiser's content until such Advertiser has deposited the necessary funds and purchased the minimum amount of Marketing Credits.
Indemnification: Advertiser is solely responsible for any legal liability, and hereby agrees to indemnify, defend and hold harmless I'm in! and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (collectively "Claims") arising out of or relating to (i) the content and other material set forth on the Advertiser Advertisement and/or (ii) any content or material to which users can link through the Advertisement including, but not limited to Claims (A) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the Advertiser Advertisement; (B) arising out of any material breach by Advertiser of any duty, representation or warranty under any agreement with I'm in!; or (C) relating to a contaminated file, virus, worm, or Trojan horse originating from the Advertiser's Advertisement.
WARRANTY DISCLAIMER: I'M IN! DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OF ANY, WEBSITE, SERVICES PROVIDED THEREBY, OR ANY OUTPUT OR RESULTS THEREOF. I'M IN! SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: I'M IN! WILL NOT BE SUBJECT TO ANY LIABILITY WHATSOEVER FOR (A) ANY FAILURE TO PROVIDE REFERENCE OR ACCESS TO ALL OR ANY PART OF THE I'M IN! NETWORK DUE TO SYSTEMS FAILURES OR OTHER TECHNOLOGICAL FAILURES OF I'M IN! OR OF THE INTERNET; (B) DELAYS IN DELIVERY AND/OR NON-DELIVERY OF ADVERTISEMENT, INCLUDING, WITHOUT LIMITATION, DIFFICULTIES WITH A CUSTOMER OR ADVERTISEMENT, DIFFICULTIES WITH A THIRD-PARTY SERVER, OR ELECTRONIC MALFUNCTION; AND (C) ERRORS IN CONTENT OR OMISSIONS IN ANY ADVERTISEMENT. I'M IN! SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL OR ANY DAMAGES UNDER THIS AGREEMENT THAT EXCEED THE AMOUNT PAID BY ADVERTISER TO I'M IN!
Applicability: This Agreement, including all attachments which are incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter. Applicable sections shall survive expiration or early termination of this Agreement. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties and neither I'm in! nor Advertiser shall hold itself out as the agent of the other, except for that specified in this Agreement. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment or other modification of any provision of this Agreement shall be effective only if in writing and signed by the parties. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Headings used in this Agreement are for ease of reference only and shall not be used to interpret any aspect of this Agreement. In addition to terms set forth in this Agreement, terms that are automatically generated through the interactive use of the I'm in! website and I'm in! Network, including I'm in!'s Privacy Policy and Terms of are explicitly a part of and included in this Agreement.
Public Release: Advertiser shall not release any information regarding Advertisements, or Advertiser's relationship with I'm in! or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of I'm in!. I'm in! shall have the right to reference and refer to its work for, and relationship with, Advertiser for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of I'm in! and Advertiser.
Remedy: If any Advertiser violates or refuses to partake in their responsibilities, or commits fraudulent activity against I'm in!, in addition to the right to immediately terminate this Agreement, I'm in! reserves the right to take any and all appropriate legal action.
Privacy: Advertiser shall support I'm in!'s commitment to protect the privacy of it's online community; such commitment is set forth in I'm in!'s Privacy Policy, which is hereby incorporated into this Agreement.
Assignment: Advertiser may not assign this Agreement, in whole or in part, without written consent from I'm in!. Any attempt to assign this Agreement without such consent will be null and void.
Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts , without giving effect to principles or conflicts of law. Both parties consent to the jurisdiction of the courts of the Commonwealth of Massachusetts with respect to any legal proceeding arising in connection with this agreement.