By submitting an advertisement through Flyerboard, PlaceLocal, PaperG, or Thunder, you agree that you are authorized to place such advertisement on behalf of the persons or businesses described in the advertisement. If you are an agent placing an advertisement on behalf of another party, you agree that you have communicated the following General Terms of Service to such party and that you and the Advertiser both agree to be bound by the following terms of service:
UNACCEPTABLE CONTENT RULES
Any offers for illicit activities, products or services.
Advocacy of violence, racial intolerance, or advocacy against any specific individual, group, organization, or belief.
Marketing of fake documents, copied material, or paper mills.
Marketing of drugs, or any related paraphernalia.
Any misleading or inaccurate information with the intent of misleading the user to engage in a fraudulent transaction.
Content considered distasteful, profane, or obscene.
Any content that may cause a liability for Thunder Industries or its partner publications and websites ("Partners"), or may cause Thunder Industries or any of its Partners to lose (in whole or in part) the services of our ISPs or other Suppliers
Content shall not infringe any intellectual property or other right of any entity or person, including, but not limited to, copyrights and trademarks.
Ad copy must not include HTML or other coding elements.
AD CONTENT RULES
Ad creative must be consistent with the ad copy of the internal landing page ("Flyerviewer").
Ad variations must cover the same industry as the initial ad created.
Ad cannot contain hyperlinks to malicious software.
All content must comply with all applicable domestic and international laws, statutes, ordinances and regulations.
EXTERNAL LANDING PAGE URL RULES
URL must work.
Landing page cannot have any pop-ups/under advertisements.
URL cannot directly link to an executable file or a download that does not ask the user to initiate.
There must be content on the external landing page that is linked to through the provided hyperlinked.
A website that largely consists of only advertisements does not constitute content for a landing page.
A blank website or one that is under construction does not constitute a website with content.
RULES PERTAINING TO USE OF SERVICES
Advertiser agrees that Thunder Industries and its Partners reserve the right to refuse service to any new or existing Advertiser at any time, in its sole discretion, with or without cause and Thunder Industries and its Partners reserve the right, in their sole discretion and without liability, to reject, omit or exclude any Advertisement and/or Advertisement campaign for any reason at any time, with or without notice to Advertiser and regardless of whether such Advertisement was previously accepted or published.
Thunder Industries and its Partners reserve the right to alter advertisements in order for the material to conform to its current mechanical specifications.
Advertiser agrees that Thunder Industries and its Partners have offered no guaranteed placement or position of the Advertisement
Advertiser agrees to grant Thunder Industries and its Partners a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to distribute, copy, modify, publicly display, publicly perform, in any media now known or thereafter created, with respect to Advertiser's ad.
These General Terms of Service constitute the entire agreement between the parties. No terms or conditions in any insertion orders, reservation orders, blanket contracts, instructions or documents other than these General Terms of Service will be binding on Thunder Industries or its Partners, unless Thunder Industries and its Partners specifically agrees to such terms and conditions in writing.
Thunder Industries reserves the right to change, alter, or modify these General Terms of Service at any time, and agrees to provide notice on its website of any such changes, alterations, or modifications.
These General Terms of Service and advertiser's relationship with Thunder Industries shall be governed by the laws of Connecticut without regard to its conflict of law provisions. Advertiser and Thunder Industries agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New Haven, Connecticut.
Advertiser specifically acknowledges and agrees that Thunder Industries's Partners are intended third party beneficiaries of these General Terms of Service and may exercise and are entitled to all rights and remedies available to them herein.
Advertiser must provide credit card information that is valid and is not intended to be invalidated during the time period of the paid-for campaign. In the event that credit card information provided hereunder becomes invalid or Advertisers elects to use an alternative credit card, Advertiser shall promptly provide updated credit card information to Thunder Industries
Advertiser must pay the full amount that is billed provided that it is at or below the maximum budget amount inputted by the advertiser.
Advertiser agrees that if he or she violates the rules set forth in this General Terms of Service, including but not limited to rules pertaining to ad message, unacceptable content, or use of copyrighted material, then he or she forfeits the entire dollar amount up to the maximum budget amount inputted by the advertiser at the discretion of Thunder Industries
Advertiser who pays the student rate certifies that he or she is a full-time student enrolled at an accredited university who is promoting a student group activity.
Advertiser acknowledges and agrees that he or she is the lawful owner or an authorized user of the advertisement material provided to Thunder Industries and its Partners and that the advertisement does not violate, defame or invade the privacy right of any third party, nor infringe upon or constitute the misappropriation of, any intellectual property or proprietary rights of any third party.
Thunder Industries's acceptance of an advertisement for publication on Flyerboard does not constitute an endorsement of the product, service, or event advertised.
Advertiser acknowledges that he or she is completely responsible for the content provided to Thunder Industries, including the accuracy of any content, and that Thunder Industries and its Partners serve only as a passive conduit of information for distribution of and publication of content
In the event that Advertiser has a dispute with one or more Flyerboard users, Advertiser releases Thunder Industries (and our officers, directors, agents, subsidiaries, joint ventures and employees) and its Partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Advertiser agrees to indemnify and hold Thunder Industries and its Partners and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Advertiser's breach of this Agreement, or Advertiser's violation of any law or the rights of a third party.
Liability Limit: IN NO EVENT SHALL Thunder Industries, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OUR PARTNER WEBSITES, OUR SERVICES, OR THIS AGREEMENT, AND REGARDLESS OF WHETHER Thunder Industries. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer: Thunder Industries websites and the Flyerboard services are provided on an "as is" and "as available" basis. Thunder Industries, its subsidiaries, affiliates, officers, directors, agents, and employees and partners Disclaim all warranties of any kind, whether express or implied, including the implied warranty of merchantability or fitness for a particular purpose with respect to its websites and the Flyerboard services.
Thunder undertakes to obey all relevant copyright laws. We will rigorously review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of such laws. To make a claim, please provide us with the following:
A physical or electronic signature of the copyright owner or the person authorized to act on his/her behalf;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Thunder to locate the material;
Information reasonably sufficient to permit Thunder to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Please deliver this notice, along with all the aforementioned items, to Thunder's Designated Copyright Agent:
530 Bush St., Suite 900
San Francisco, CA 94108