Terms of service

SKORDLE ADVERTISING TERMS AND CONDITIONS

These Terms and Conditions shall apply to the Agreement for services contracted for by Advertiser (the “Services”) as set forth in one or more Invoices which shall reference these Terms and Conditions; and the Terms and Conditions contained herein will be a part of any such Invoice and Agreement. Completion of the Invoice and these Terms and Conditions may be accomplished by a printed agreement or an online agreement through SKORDLE’s website.

1. Pricing and Terms of Payment.

(a) Prices for Services are specified in the Agreement and all terms are due upon receipt, unless otherwise specified. Payment must be made via acceptable form such as credit card or prepayment. Failure to pay within specified terms may at the option of SKORDLE result in the suspension of Services and imposition of interest charges at the rate of 1.5% per month.

(b) Automatic Renewal and Recurring Billing. Annual Services that automatically renew under Section 4 will be charged automatically on each renewal date, at the then-current renewal price plus any applicable taxes, to Advertiser’s payment method of record. By purchasing automatically renewing Services, Advertiser authorizes SKORDLE to make these recurring charges without further authorization until Advertiser cancels as provided in Section 4. Advertiser is responsible for keeping its payment method and contact information, including the email address on file, current and accurate. If a renewal payment fails, SKORDLE may, at its option, suspend Services until payment is received and impose interest charges at the rate of 1.5% per month on past-due amounts. Renewal charges are non-refundable once processed, except as required by law.

(c) Annual Rate Increase: Prices for Services may be adjusted from time to time, but no more than once per year. No annual rate increase is intended to be greater than 5% annually; in the event an annual rate increase will be greater than 5%, SKORDLE will provide notice to Advertiser at least thirty (30) days before the renewal date, and such notice may be included in the renewal reminder described in Section 4(c). Unless Advertiser cancels before the renewal date as provided in Section 4(d), Advertiser’s assent to the Terms and Conditions constitutes agreement to such annual rate increase.

2. Advertiser’s Responsibilities. Advertiser shall be solely responsible for:

(a) Procurement or development of Advertiser’s content (discounts may be made available through SKORDLE or its affiliates);

(b) Ensuring accuracy and correctness of all content provided to SKORDLE, including but not limited to colors, graphics, or click-throughs;

(c) Ensuring all content complies with Oklahoma law and does not include the promotion of any alcohol, tobacco, firearms, or other advertising which may be deemed illegal or inappropriate for a youth audience;

(d) Ensuring delivery of advertisement to SKORDLE; and

(e) Guaranteeing Advertiser is the owner of all content and hereby providing a non-exclusive license to SKORDLE to use, modify, and display Advertiser content in any SKORDLE platform.

3. Approval and Use of Advertiser’s Content.

(a) SKORDLE shall have the right, solely at its exclusive discretion, to refuse Advertiser’s content in order to comply with Oklahoma law and to maintain consistency and integrity of SKORDLE’s brands and platforms.

(b) In addition to the advertisement spots identified in the Agreement, SKORDLE may, solely at its option, provide space for Advertiser’s advertisement in other streamed events for the contracted school(s), including alternate sports or other school related activities. Additionally, SKORDLE may use Advertiser’s content, including Advertiser’s name and logo, on the SKORDLE website or in the SKORDLE application.

(c) SKORDLE may, at its option, contribute a portion of fees paid by Advertiser to School and in doing so may also identify Advertiser as a source of those funds to School.

4. Term, Automatic Renewal, and Cancellation.

(a) Term. The Term for the Services provided shall be as specified in the Agreement.

(b) Automatic Renewal. Any annual Term shall automatically renew for successive twelve (12) month Terms unless cancelled as provided in this Section 4. Each renewal Term begins on the day after the prior Term ends (the “renewal date”).

(c) Renewal Reminder. SKORDLE will send a renewal reminder by email to Advertiser’s email address on file approximately thirty (30) days before each renewal date. The reminder will state the renewal date, the renewal price, and how to cancel. Advertiser’s failure to receive the reminder because the email address on file is inaccurate, or because of Advertiser’s own email filtering, does not prevent renewal.

(d) Cancellation by Advertiser. Advertiser may cancel automatic renewal at any time before the renewal date by (i) using the subscription management link in Advertiser’s SKORDLE store account or in the renewal reminder email, or (ii) emailing sales@skordle.com. Cancellation is effective when received by SKORDLE and stops all future renewal charges. Services will continue through the end of the then-current paid Term, and no partial refunds will be issued for the remainder of that Term. SKORDLE will confirm cancellation by email.

(e) Non-Renewal by SKORDLE. SKORDLE may elect not to renew the Services by giving Advertiser written notice, which may be sent by email, at least thirty (30) days before the renewal date.

5. Independent Contractor. SKORDLE is an independent contractor under this Agreement and the Services provided hereunder are not exclusive to Advertiser. Additionally, SKORDLE will perform its services in a commercially reasonable manner, but no specific result or impact on Advertiser’s business is guaranteed.

6. Notices. Any notice or communication required or permitted to be given by this Agreement must be (i) given in writing, and (ii) be personally delivered or mailed by prepaid mail or overnight courier to the party to whom such notice or communication is directed, to the address of such party as follows:

To SKORDLE: Skordle Advertising, LLC, Attn: Eric Weisgarber, 1000 W. Wilshire Blvd, Ste 310, Oklahoma City, Oklahoma 73116

To Advertiser: sent to contact address specified in Invoice

Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, or (iii) one (1) working day after such notice or communication is sent by overnight courier. A Party may, for purposes of this Agreement, change its address or the person to whom a notice or other communication is marked to the attention of by giving notice of such change to the other Party pursuant to this Agreement.

Notwithstanding the foregoing, renewal reminders under Section 4(c), cancellations and cancellation confirmations under Section 4(d), non-renewal notices under Section 4(e), and rate increase notices under Section 1(c) may be given by email and are effective when sent, or for Advertiser cancellations, when received by SKORDLE.

7. Warranties. SKORDLE shall provide Services in a good workmanlike and professional manner consistent with current industry standards. No guarantee or provision is made with regard to the number of impressions or click-throughs for Advertiser’s content. WITH THE EXCEPTION OF THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, SKORDLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED UNDER LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKORDLE DOES NOT PROMISE THAT THE STREAMING SERVICES PROVIDED WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

8. Limitation of Liability. SKORDLE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST TIME, LOSS OF DATA, LOSS OF USE OF ANY SUCH EQUIPMENT, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, TECHNOLOGY OR SERVICES, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY COMPUTER PRODUCTS, HARDWARE OR SOFTWARE, OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE ON ANY COMPUTER PRODUCTS, HARDWARE OR SOFTWARE EVEN IF IT HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SKORDLE’S LIABILITY FOR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SKORDLE’S NEGLIGENCE OR USE OF DEFECTIVE PARTS OR COMPONENTS, WHETHER OR NOT SUCH DEFECT WAS KNOWN OR DISCOVERABLE, SHALL NOT EXCEED THE ACTUAL PRICE PAID TO SKORDLE BY ADVERTISER FOR THE SERVICES. SKORDLE does not and cannot control the flow of data over the Internet or the integrity of the Internet. Therefore, SKORDLE disclaims all liability for loss of data, corruption of data, or inability to provide Services, as a result of disruptions, slowdowns, breakdowns, or other technical issues affecting the Internet.

9. Force Majeure. SKORDLE shall not be liable for any failure, inability or delay to provide Services, if such failure, inability or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strike, lockout, labor disturbance, social conflict, fire, explosion, earthquake, sabotage, or pandemic, or other acts required or requested by Federal, State or local governments or any of their sub-divisions, bureaus or agencies, including individual schools or school districts. SKORDLE may, at its option, cancel this Agreement or delay performance hereunder for any period reasonably necessary due to any of the foregoing, during which time this Agreement shall remain in full force and effect. SKORDLE shall have the further right to resume provision of Services as SKORDLE may consider equitable.

10. Indemnification.

(a) Advertiser Indemnification. SKORDLE cannot undertake to verify all the materials or facts supplied or provided by Advertiser. Because of this, Advertiser agrees to indemnify, defend and hold harmless SKORDLE and its employees, officers, directors, shareholders and agents from and against all liabilities, losses, damages or expenses, including reasonable attorneys’ fees and costs, incurred as the result of any claim, suit or proceeding brought or threatened arising out of (i) the nature or use of any information, representations, or content provided by Advertiser; or (ii) infringement or claims of infringement arising out of SKORDLE’s adherence to Advertiser’s instructions (excluding claims covered under our indemnity below).

(b) SKORDLE Indemnification. SKORDLE will indemnify, defend and hold harmless Advertiser and its employees, officers, directors, shareholders and agents against all liabilities, losses, damages or expenses, including reasonable attorneys’ fees and costs, incurred as the result of any claim, suit or proceeding brought or threatened against Advertiser based upon or arising out of any streaming services furnished by SKORDLE pertaining to libel, slander, defamation, copyright infringement, invasion of privacy and/or plagiarism, except to the extent that such claims arise from information or materials supplied by or through Advertiser, or to the extent such costs/claims are covered by Advertiser’s insurance coverage.

11. Dispute Resolution. In the event of a dispute between SKORDLE and Advertiser arising from this Agreement, then the dispute will be settled or resolved by confidential arbitration in Oklahoma City, Oklahoma. The parties will mutually determine who the arbitrator will be from a list of arbitrators obtained from the AAA office located in Oklahoma City, Oklahoma. If the parties are unable to agree on the arbitrator, the arbitrator will be selected by AAA. In rendering an award, the arbitrator will not have authority to award damages in excess or other than the types allowed in this Agreement. The arbitrator’s award shall be final, binding and conclusive upon the parties, and the judgment rendered thereon may be entered in any court having jurisdiction thereof. This Agreement shall be governed by the Laws of the State of Oklahoma.

“SKORDLE” Skordle Advertising, LLC, an Oklahoma limited liability company

 

CANCELLATION POLICY

SKORDLE annual advertising packages renew automatically for another 12 months at the end of each term. The renewal price is charged to your payment method on file on the renewal date.

Renewal reminder. We email you a reminder about 30 days before your renewal date with the renewal date, the renewal price, and how to cancel.

How to cancel. You can cancel at any time before your renewal date, either through the subscription management link in your SKORDLE store account or reminder email, or by emailing sales@skordle.com. We will confirm your cancellation by email.

What happens when you cancel. No future renewal charges will be made. Your advertising continues through the end of the term you have already paid for. We do not issue partial refunds for the remainder of a paid term, and renewal charges are non-refundable once processed, except as required by law.

Questions. Email sales@skordle.com. Full terms are in Section 4 of our Terms of Service.