FOOD SEATTLE.COM: ADVERTISING TERMS AND CONDITIONS
Payment of GK Media Inc.'s invoice for services described below, or the
confirmation of sign-up for non-paid services ("Free Listings"), constitutes
acceptance by the restaurant or entity (the "Advertiser") advertising on GK
Media Inc.'s www.foodseattle.com
web site (the "Site") of the following terms:
1. Advertising Services. Upon the Advertiser providing to GK Media Inc.
all of the information required in order to provide the relevant services and
(if applicable) paying GK Media Inc.'s invoice for such services,
GK Media Inc. (dba www.foodseattle.com) will provide to the Advertiser the
services chosen by the Advertiser from the descriptions on GK Media Inc.'s Services Page.
Furthermore, by sending GK Media Inc. photos or content the Advertiser
affirms that it is the copyright holder of the photos or content and that it
grants GK Media Inc. a royalty-free license to use and publish the photos or
content to help promote the Advertiser's restaurant on GK Media Inc.'s web
site(s) or its partner websites around the world.
2. Term and Renewal. Subject to changes as permitted by
section 4, these Terms and Conditions (and the available services with the
exception of Free Listings) will be in effect for an initial period of one year
commencing upon the date that the Advertiser's information is posted on the
Unless the Advertiser notifies GK Media at least 45 days prior to the end of any ongoing one-year term, GK Media Inc. will provide the Advertiser with a renewal notice for the subsequent one-year period, based upon the package of services then available which most closely approximates the services chosen by the Advertiser for the year then ending, at the prices then posted for the new year. The Advertiser will have the option of renewing their current package, choosing another advertising package or declining any paid advertising options.
3. Termination. GK Media Inc. may at any time cease
providing services to the Advertiser upon a pro rata refund of the annual fee
paid by the Advertiser based on the number of days remaining in the then-current
one-year term. For Free Listings, GK Media Inc. may at any time cease providing
services to the Advertiser with no compensation provided.
4. Modification of Terms and Conditions and of Services. GK
Media Inc. may unilaterally modify or amend any portion of these Terms and
Conditions or of the services it provides upon written notice to the Advertiser
at the fax number or email address provided by the Advertiser, provided that,
except with the agreement of the Advertiser, no increase in pricing nor
reduction in services will affect any ongoing services except upon subsequent
renewal of this agreement.
5. Indemnification. The Advertiser hereby agrees to indemnify, defend,
protect, and hold GK Media Inc. and its subsidiaries, affiliates, officers,
directors, employees, agents, and insurers harmless from and against any and all
claims, costs, suits, liabilities, damages, and disbursements, arising out of
any alleged act or omission of the Advertiser, its affiliates, officers,
directors, employees, and agents relative in any way to the ownership,
management, and/or operation of the Advertiser's business.
6. Entire Agreement. This Agreement, when accepted by GK Media Inc.,
constitutes the entire agreement between GK Media Inc. and Advertiser, and may
only be modified by a written document executed by a duly authorized
representative of each party.
7. Severability. The provisions of this Agreement are severable, and if
any part of this Agreement is found to be unenforceable, the other portions
shall remain valid and enforceable.
8. Governing Law. This Agreement shall be construed in accordance with
the laws of the Province of British Columbia and the federal laws of Canada
applicable therein, and the parties agree to submit to the exclusive
jurisdiction of the courts of British Columbia for the resolution of any dispute
that may arise hereunder.