Terms & Conditions. Terms & Conditions.
Terms and Conditions
Last Updated: April 20, 2021
Welcome to Bayard’s website located at www.bayardad.com (the “Service”). This Service is maintained and operated by Bayard Advertising Agency, Inc. (“Bayard”, “we”, “our” or “us”).
Your access and use of the Service is subject to the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of the Service.
Accessibility: If you are having any trouble accessing these Terms and Conditions or the Service, please contact us at 1-888-350-8999 during the hours of 9am-5pm, eastern time.
Use of Service: This Service is provided for your personal use and to engage with Bayard. Any other use of the Service requires the prior written consent of Bayard.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Service within another Service. You may not resell use of, or access to, the Service to any third party without our prior written consent.
Proprietary Rights: Bayard is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service belong to third parties who have authorized Bayard to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Bayard.
No Ideas Accepted: We do not accept any unsolicited ideas to this Service from outside Bayard including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Bayard to utilize your submission, you hereby grant Bayard an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
and regulations and shall be void where prohibited by law.
Third Party Links: This Service may contain links to other Services not maintained by us. Other Services may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every Service that you visit. We are not responsible for the practices or the content of such other Services.
No Warranties: WHILE BAYARD USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR SERVICE, BAYARD MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND BAYARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BAYARD DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BAYARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BAYARD SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL BAYARD BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BAYARD BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO BAYARD FOR ACCESS TO THE SERVICE OR $100.
Changes: All information posted on the Service is subject to change at any time. In addition, these Terms and Conditions may be changed at any time; provided, any material modifications will only be applied prospectively. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Bayard, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Service, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law.
Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of Bayard to partially or fully exercise any rights or the waiver of Bayard of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Bayard or be deemed a waiver by Bayard of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Bayard under these Terms and Conditions and any other applicable agreement between you and Bayard shall be cumulative, and the exercise of any such right or remedy shall not limit Bayard's right to exercise any other right or remedy.
Governing Law: The laws of the State of New York shall govern these Terms and Condition. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE. Any claims asserted by you in connection with the Service must be asserted in writing to Bayard within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Jurisdiction: Our Service is provided from the United States of America and all servers that make it available reside in the U.S.A and in other jurisdictions. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of the Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at:
Bayard Advertising, Inc.
1430 Broadway, 20th Floor
New York, NY 10018