Fujah - America's Stories - Missouri Culture

IMPORTANT LEGAL NOTICE: Terms of Use ("Terms")

Please read this carefully.

These terms and conditions were last updated on April 1st 2009 and replace all previous terms and conditions for Fujah Magazine websites.

By accessing this website (the "Site") you are agreeing to these Terms, whether or not you register as a User. These Terms set out the basis upon which the Site and the online content/services available on it ("Content") may be Used. The Terms apply to all Use of the Site and all Content irrespective of the delivery platform being Used - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the Content is delivered - e.g. via web browser, WAP browser, email, desktop alert, SMS or otherwise. If you Use the Site in the course of your business, you are also agreeing to these terms and conditions on behalf of that business.

If you do not agree with the Terms (or are not authorized to do so) you should not Use or access the Site. If you have any questions please contact Fujah Magazine. We recommend that you print a copy of these Terms for your records.

1. Introduction
This Site is owned and operated by Blue Ice Geeks Publishing Inc. handling under its trade name Fujah Magazine. References in these terms and conditions to “BIG” or "FM”, “Fujah Magazine” (or "we", "USA" or "our") refer to the company operating the Site.

“Blue Ice Geeks”, “BIG”, “Fujah Magazine”, “FM” are proprietary trade marks and/or names and may not be Used without written permission from FM.

As a User, you may be able to access material on some areas of the Site without going through the registration process. Certain areas of the Site are only open to you if you register. Also, additional material may be available on a paid-for subscription basis ("Paid For Services"). Paid For Services will be clearly identified as such and payment will be required before the Paid For Services can be accessed. Specific provisions relating to Use of Paid For Services are set out in Section 6 of these Terms.

FM reserves the right to suspend or terminate any access and Use of the Site at any time for any reason. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to FM. In that event, notice will be deemed to be served three hours after transmission or posting.

2. Use of Site Content
All material and Content on the Site belongs to BIG or FM. FM or its licensors own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. You may retrieve and display Content from the Site on a computer screen (or compatible device), print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or mobile device (but not on any server or other storage device connected to a network) for your personal, non-commercial Use.
You may also on an occasional and infrequent basis forward by email certain headlines that appear on the Site (but not full text articles) to a maximum of ten individuals Using our 'Email this' service, provided that you shall not Use this function for the purpose of either creating a "paid for" service or regular information dissemination within an organization: if you would like to Use any headlines in this way please refer to the "At Work Use" paragraph below.
Restrictions on Use: You may not Use the Site or any Content for any unlawful purpose. Except as expressly set out in these Terms, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from FM:

• redistribute any of the Content (including by using it as part of any library, archive or similar service);
• in any way modify any documents or related graphics on this Site;
• remove alter or minimize the copyright or trade mark notice from any copies of Content made available under these Terms;
• in any way separate any graphics on this Site from accompanying text;
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content. Requests to republish or redistribute Content should be addressed to FM Syndication
• deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes;
• or Use any machine, electronic, web based or similar device to read or extract the Content by automated or machine based means.

Linking: If you would like to link to this Site, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Site:

• must not otherwise Use any FM trade marks or names without permission from FM;
• may not remove, distort or otherwise alter the size or appearance of FM logos;
• may link only to the homepage of this Site unless FM has otherwise given prior written permission;
• must not create a frame or any other browser or border environment around this Site or any Content;
• must not in any way imply that FM is endorsing it or its products or services or has any affiliation;
• must not misrepresent its relationship with FM or present false information about FM;
• must not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

FM expressly reserves the right to require that any link in breach of these provisions be promptly removed on provision of written notice to you by FM and to take whatever other action it deems appropriate.
Please note that in addition, and without prejudice to our rights at law to restrict the types of Use referred to above, these restrictions are also contractual in nature and bind all Users of the Site.
At Work Use: If you are Using the Site in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your Use extends beyond personal, non-commercial Use then you should Fujah’s Marketing and Sales Team to discuss your business requirements, since it is possible that your Use of the Content extends beyond what is permitted by these Terms. In particular, all requests to republish, redistribute or syndicate Content, whether headlines, full text articles (or parts thereof) or the right to Use Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external Use that you may make (for example, within client reports or briefings) should be addressed to USA, as such Use falls outside the scope of Use permitted by these terms and conditions.
Any rights not expressly granted in these terms are reserved.

3 Privacy Policy Registration
All information received by you from your Use of this Site will be Used by FM in accordance with our Privacy Policy.
On registration, you must provide FM with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Site registration pages. This is particularly important if you subscribe to receive any Paid For Services. FM is entitled to rely on any information you provide.
Each registration is for a single User only. On registration, you may be asked to choose a User name and password ("ID"). FM does not permit you to share your ID with any other person or access through a single ID being made available to multiple Users on a network. FM may cancel or suspend your access to the Site if you do this without further notice or obligation to you.
You are responsible for all Use of the Site made by you or anyone else Using your ID and for preventing unauthorized Use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized Use of your ID or any payment information, you must notify FM immediately by e-mailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We recommend that you do not select an obvious User password (such as your name, pet's name or phone number) and that you change it regularly.
If you provide FM with an email address that will result in any messages FM may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that FM may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.
If you register to Use the Site and/or subscribe to the Paid For Services (see Section 6 below) then you may choose to Use the Site's "Remember me" log in feature that enables you to be logged in automatically to the Site whenever you visit without having to manually log in each time. It is recommend that this feature is not enabled on any computer that is or may be Used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of the Site personal to you.
The Privacy Policy Statement does not apply to Third Party Sites. FM reserves the right to fully co-operate with any law enforcement authorities or court order requesting or directing FM to disclose the identity or locate anyone posting any material in breach of these Terms.

4. Public Areas
The Site may include bulletin boards, discussion groups, areas for posting third party User generated content or other public areas that allow feedback to FM and interaction of Users between themselves and with FM journalists ("Public Areas"). FM does not vet or monitor the Public Areas and is not responsible for any information which is posted in the Public Areas. Any content, recommendation, or other information within the Public Areas is viewed and Used by you at your own risk and FM does not warrant in any respect, the accuracy or reliability of any of the information posted in the Public Areas. The views expressed in the Public Areas are those of the individuals or companies who post the views and are not necessarily those of FM.
FM does not moderate content before it is posted but retains the right to delete, remove, edit, update suspend the whole or any part of the Public Areas or any content posted on them or otherwise alter the Public Areas or any content posted on them in any way, at our discretion without notice and without incurring any liability and to terminate your access to and Use of the Public Areas. If you find objectionable or offensive material in the Public Areas or any content that you believe infringes any legal right you may have, please let USA know as soon as possible by emailing USA at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
By posting your comments or materials in the Public Areas, you grant FM a non-exclusive, perpetual, royalty-free, world wide license to Use, reproduce, modify, adapt, translate, publish, distribute and display any content you submit to USA in any format now known or later developed. If you do not want to grant USA those rights, please do not submit your comments or material to USA. You also waive any moral rights that you may have in regard to the comments you post.
You are solely responsible for the content that you post. You may Use the Public Areas only to post content that is proper and appropriate to such areas and you must not do any of the following:

• Post unlawful, defamatory, obscene, threatening, offensive, harmful or otherwise objectionable content (this includes text, graphics, videos, programs or audio) or content which contain any other form of illegal content or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the USA or any other country in the world;
• Delete any author attributions, legal notices or proprietary designations or labels in any content that is posted;
• Falsify the origin or source of content that is posted;
• Post content in a language other than English;
• Post content that violates the legal rights of others, in particular, material that contains the intellectual property rights of third parties unless you have obtained all the necessary consents and permissions to Use such content;
• Advertise, promote or offer to sell any goods or services;
• Contribute content with the intention of committing or promoting an illegal act;
• Post, link to or otherwise publish any content containing any form of advertising or promotion for goods and services or any chain message or "spam";
• Post, link to or otherwise publish any content with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Post or transmit a software virus or file(s) or code which is technically harmful (including, without limitation, computer virUses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or is designed to interrupt, destroy or limit the functionality of the Site, or may damage FM´s or any other computers, computer software or equipment;
• Disguise the origin of any content;
• Impersonate any person or entity or misrepresent any affiliation with any person or entity;
• Post or otherwise publish any content unrelated to the Public Areas;
• Collect or store other Users' personal data;
• Restrict or inhibit any other User from Using the Public Areas.

By submitting messages to any Public Area you agree to indemnify and hold harmless FM from all claims, costs and expenses (including legal expenses) arising out of any content posted or published by you that are in breach of these Terms and this Section 4. Any material you transmit or post to this Site shall be considered non-confidential and non-proprietary. FM shall have no obligations with respect to such material.

The Public Areas contain messages submitted by Users over whom FM has no control. FM cannot guarantee the accuracy, integrity or quality of any content posted in the Public Areas. Some Users may breach these Terms and post content that is misleading, untrue or offensive. You must bear all risk associated with your Use of the Public Areas and should not rely on any content in making (or refraining from making) any specific investment or other decisions.

FM journalists may also make contributions to the Public Areas in order to stimulate discussions and ensure the smooth running of the the Public Areas. The Public Areas may also contain messages from special guests selected by FM. The opinions of those FM journalists and special guests are their own and are not necessarily endorsed by FM. They should not be considered by you as professional advisers.
FM reserves the right to contact you by e-mail with regard to your Use of the Public Area

5. News By E-Mail, Desktop Alert and SMS
FM may give you the option to subscribe to its e-mail, desktop alert and SMS news and alert services. Your Use of the Content received through these news services will be subject to these Terms.

6. Paid For Services and Site Transactions
FM operates various "PAID FOR" Services: Site Subscription Services, Periodical Subscriptions and certain Sites may have mobile services. FM reserves the right to vary and change the Paid For Services at any time and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.
You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you already receive any Paid For Services through any corporate or business arrangement made with USA, some of these payment terms may not apply to you.

You can pay by either credit or debit card (and sometimes by direct debit or cheque). By submitting credit or debit card payment details to FM you warrant that you are entitled to purchase the Paid For Services Using those payment details. In the case of unauthorized payments FM reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services. You will still be responsible for any fees or other charges incurred by you until the termination of your rights to Use the Site. This will not affect our entitlement to any other remedies we may have in law against you. In the case of SMS Services, you may only subscribe if your telephone is capable of receiving SMS messages. For WAP services, you may only be able to access the Content if you have a web-enabled mobile device.

FM will try to process your subscription promptly but does not guarantee that the Paid For Services or any content will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when FM sends you a letter, email or SMS message confirming your subscription.
Paid For Services will be accessible on payment of certain subscription charges. All online payments (including any applicable taxes) must be made in Pound Sterling or any alternative currency that FM may specify. You may Use the links or banners on the Site to purchase products or services from FM's third party partners. In that event, your contract for such products will be with the third party partner and not with FM. Any Use of sites operated by such third party partners will be subject to the limitation of liability in Section 9.
Site Subscription Services

Access and Use: Certain areas of the Site are only accessible to Users who pay to subscribe to the Site. Once you have completed the subscription process and your payment has been received by USA, you will be given appropriate access to the Site.

Pricing: The subscription prices are set out on the pages which contain our subscription process. FM will notify paid subscribers in advance of any price increases. If we give you a free trial, your paid subscription term will only begin with effect from the expiry of that free trial period. Eligibility for any discounts is subject to any specific conditions stated by FM for the relevant discount. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls.
Canceling or Changing your Site Subscription: When you subscribe we may at our discretion give you a free trial. You may cancel your subscription during a trial period, if applicable, by contacting This e-mail address is being protected from spambots. You need JavaScript enabled to view it Following the expiry of any trial period, you may cancel your Site Subscription, if applicable, by contacting our Customer Services team for the relevant publication Using the details listed above and FM will refund you on a pro rata basis, if applicable. This means that FM will refund you or credit your account with any amounts you have paid USA in advance that relate to any remaining period of your subscription. Any cancellation will be effective once FM receives notice of it.

7 Jobs and Classifieds
If you are Using the Jobs and classifieds section on any of FM’s Sites, including without limitation, (“Jobs Site”), this section 7 applies to you in addition to relevant provisions in the other Sections. The Jobs Site allows Users to search for jobs and to submit applications for or queries regarding jobs to “Recruiters” (and not to FM, although in some cases FM may forward your application / query). If you are a Recruiter Using the Jobs Site, you are subject to a specific Recruiter Agreement available on the Jobs Site.
The following words and phrases shall have the following meanings in this Section 7: "Advertisement" means an advertisement for a job published by a Recruiter on the Job Site or provided to FM for publication on the Jobs Site (including all information provided by a Recruiter relating to that job);
"Applicant" means a User of the Jobs Site who submits a CV to a Recruiter; ,
"Applicant Data" means any personal data (including sensitive data) relating to an Applicant that is obtained by or provided to a Recruiter, including information on a CV
;"CV" means an Applicant's curriculum vitae or career summary (or similar) submitted by an Applicant to a Recruiter; and
"Recruiter" means direct employers, recruitment consultants, employment agencies, employment businesses, media buyers or similar.
Data Protection: FM requires all Recruiters to commit to FM that they (a) comply with all relevant data protection and privacy legislation applicable to their activities; and (b) shall only Use Applicant Data for the sole purpose of processing an application made by an Applicant for a job. Data will be processed by FM in accordance with this Section 7 and otherwise as described in FM's Privacy Policy.
If you are an Applicant then you agree:

• to provide Recruiters with CVs that are in all respects true and not, in any respect, misleading, deceptive, inaccurate, or likely to mislead or deceive;
• to notify any Recruiters to which you submit a CV if you ever become unavailable for employment;
• that you take responsibility for the accuracy or otherwise of any CVs you submit to Recruiters and for the security of the system (email or otherwise) you Use to send them;
• that all arrangements made between you and a Recruiter or third party are made at your sole risk and responsibility; and
• that Recruiters are solely responsible for determining the suitability of Applicants for jobs and for their own recruitment procedures and policies and that FM has no responsibility for the same.

Responsibility and liability: You are responsible for, and indemnify FM against, claims brought or allegations made against FM by a Recruiter or any other third party and any damage, liability, losses and costs (including legal fees) suffered by FM in respect of a Recruiter's Use of any CVs provided by you to Recruiters.
It is for you to satisfy yourself as to the suitability, integrity and reliability of all Recruiters whose Advertisements are published by FM. Recruiters are third parties over which FM has no control and no liability will be accepted by FM in relation to the acts of a Recruiter or your relationship with a Recruiter. FM's liability is also limited in accordance with Section 9. Accordingly, you agree that FM shall have no liability to you that you may incur as a result of the negligence, dishonesty, misconduct, bad faith, wrongful disclosure of confidential information or other act or omissions of any Recruiter and you hereby agree to hold FM harmless against the same.

8. Downloads and Java Security
Copyright in any software or data file that is made available for download from the Site ("Download") belongs to FM or its suppliers. Where applicable your Use of the Download is governed by the terms of any license agreement that may accompany or be included with the Download. Do not install or Use any Download unless you agree to such license agreement.

9. No warranties, Exclusion of Damages, Limitation of Liability and Exclusive Remedy,
The Content is only for your general information and Use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by FM and is not intended to be relied upon by Users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Site are at your sole risk and responsibility. Any information that you receive via the Site whether or not it is classified as “real time”, may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. FM is not responsible for any Use of the Content by you.
NO WARRANTIES
FM obtains content from a number of sources and given the nature of electronic distribution via the internet, FM does not give any warranties in respect of the Site, Content, software or services available through the Site (collectively, "Site Services"). In particular, the Site Services are provided on an "as is", "with all faults" and "as available" basis. To the extent allowed by applicable law, FM hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort. Additionally, FM makes no warranty that the Site Services are free from infection by virUses or anything else that has contaminating or destructive properties.
Also, FM does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.

NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
To the full extent allowed by applicable law, you agree that FM will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Site Services or to any breach of the terms by FM, even if FM has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

LIMITATION ON DAMAGES; Exclusive REMEDY
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable Site Service up to a limit of the following, at FM's election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services; or (2) correction or replacement of the Site Service. All limitations will apply to all legal and equitable theories.
Links

The Site may or contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames and are provided solely for your convenience. Where possible, FM will make clear where such links are being made, though Third Party Sites may be co-branded with FM and so include FM's trade marks. If you Use these links, you leave this Site. FM has not reviewed all of these Third Party Sites and does not control and is not responsible for them or their content or availability, nor any advertising on them, nor any links from them to other sites. FM will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. FM therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from Using them. If you decide to access any of the Third Party Sites linked to this Site, you do so entirely at your own risk.
Non-USA access

The Site and the Site Services are directed to USA residents. 
FM does not provide any warranties, express or implied that the Site Services are in compliance with any applicable laws or regulations in any particular jurisdiction outside the USA. Accordingly, if it is prohibited to make the Site Services or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Site Services or any part thereof are not directed at you.
You accept that if you are resident outside the USA, you must satisfy yourself that you are lawfully able to access the Site Services and, in particular, any document which allows you to apply for any securities via links or banners in the country from where you are accessing the Site Services.

The Site Services or any part thereof do not constitute an offer or solicitation to buy or sell investments in any jurisdiction.

FM does not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the Site Services to persons in jurisdictions in or outside the USA or to persons who are nominees of or trustees for citizens, resident or nationals of other countries.
Nothing in this legal notice shall exclude or limit FM's liability for:

• death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
• fraud; or
• misrepresentation as to a fundamental matter; or
• any liability which cannot be excluded or limited under applicable law.

10. Technical Requirements and Site Security
The Site is best viewed Using the Internet browsers IE6/7 or Firefox 1.0 or Safari and higher and any other web standard compliant browser. Any older browser versions may work but Users could have limited browsing experience. Any payment information you send to USA over the Internet is encrypted Using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
You may not misUse the Site (including, without limitation, by hacking).

11. Changes to these Terms
FM reserves the right, at its discretion, to make changes, alter, revise or withdraw any part of the Site or the Content at any time (with or without notice to you) by updating this posting. Due to its policy of updating and improving the site, FM may wish to change these Terms (including those relating to your Use of the Content). You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Site. When terms are changed, FM may notify you by e-mail or by publishing details of those changes by including them at the end of these Terms (see "Changes to these Terms"). If you Use the Site after FM has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not Use the Site any further after they are published at the end of these Terms or after you receive notice of them. If you do not agree to the changes you should cease Using the Site and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 6.
These Terms were last updated on 30 January 2007 and replace all previous terms and conditions for the Site.

12. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. FM will not be responsible for any error or inaccuracy in advertising or sponsorship material. Any advertisement on the Site is not an inducement by FM for the User to enter into any agreement with the advertiser.

13. Prize Draws, Competitions and Promotions
From time to time FM will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.

14. Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, USA Law. You and FM irrevocably agree that the courts of USA Courts shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the USA Courts. For the exclusive benefit of FM, FM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

15. General
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

TERMS & CONDITIONS OF INSERTION OF ADVERTISEMENTS IN FM PUBLICATIONS

These terms and conditions (the "Terms") are a legally binding contract and apply to the acceptance of all Advertisements submitted for insertion in any publication of Blue Ice Geeks (the "Publisher") handling under its trade name Fujah Magazine ("FM"). The Publisher’s principal place of business is 3345 South Scenic Ave. Suite E Springfield Missouri 65807. The placing of an order or request for the insertion of any Advertisement shall amount to an agreement to these Terms and any additional terms the Buyer may seek to impose shall be void and/or unenforceable. No variation or addition to these Terms shall be effective unless agreed to in writing by the Publisher.

1 DEFINITIONS
The following defined terms are Used in these Terms:
“SRDS Reliable Distributed Systems”
"Advertisement(s)" means any advertising material and/or all published material submitted by or on behalf of the Buyer for insertion in an FM Publication in any medium.
"Buyer" means the person/s or legal entity placing with the Publisher the order or request for the insertion of the Advertisement, whether such person or legal entity is the advertiser of the product or service promoted by or announced in the Advertisement (the "Advertiser"), or whether such person or entity is the Advertiser’s advertising agency or media buyer, or (in the case of Job Advertisements) a recruiter representing a prospective employer (in each case the "Agent").
"FM Publication" means any material in, on or with which the Advertisement is included which Publisher disseminates in any medium including without limitation Print Publications, FM Sites, digital editions or in emails.
"FM Site" means any website or any other online wireless service operated by the Publisher on any digital platform.
"Job Advertisement" means an Advertisement advertising a job or other employment position either directly or through a recruitment agency.
"NPA Recognized Agent" means an Agent recognized under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society.
"Print Publication" means any BIG / FM Publication appearing in printed form, including any supplement or magazine, whether regularly or occasionally, as part of, or in association with the BIG / FM Publication.
"Publication" means the dissemination of material by the Publisher in any medium which includes the Advertisement submitted for insertion by the Buyer.
"Rate Card" means the Publisher’s rate card in effect for the time being which applies to the relevant FM Publication and which contains, among other matters, standard terms and conditions.
"Start Date" means the agreed commencement date of an advertising campaign consisting of one or more Advertisements submitted by the Buyer for Publication.
2 SUBMISSION OF ADVERTISEMENTS FOR INSERTION IN ANY FM PUBLICATION
2.1 The Buyer and/or the Advertiser grants the Publisher an irrevocable, worldwide, royalty free license to reproduce, publish and republish an Advertisement within the relevant FM Publication (including, in the case of an Advertisement for an FM Site, any hypertext links embedded in such Advertisement) including: (a) in print media and online media; (b) as part of any service (including without limitation, any online service) in which the FM Publication is published or made available under license from the Publisher; and (c) as part of any press-cuttings service.
2.2 The Publisher reserves the absolute discretion to refUse, omit, postpone or change the position of the Advertisement submitted for insertion. This right may be exercised at any time, either before or after Publication, without giving any reason and without the Publisher incurring any liability.
2.3 Advertisements must always be recognizable as such and must not resemble editorial matter.
2.4 The Publisher shall have the right to make any alterations it considers necessary or desirable to any Advertisement, or to require the copy to be amended to meet its approval, without giving any reason and without the Publisher incurring any liability.
2.5 Publisher will not be responsible for any loss or damage, consequential or otherwise, occasioned by any error or omission in the insertion, or for an omission to insert any Advertisement, or for any damage or loss of any copy, electronic files, data, drawings or other materials supplied for the purpose of any Advertisement or any shrinkage that may occur during the normal course of production.
2.6 Where any Advertisement includes, promotes or refers to a competition, prize draw or similar ("Prize Promotion"), the Buyer shall be solely responsible for the operation of the Prize Promotion and the provision of all prizes in compliance with all applicable laws, regulations and codes of practice. The Buyer further warrants that it shall comply with all applicable data protection and privacy legislation in connection with the operation of any Prize Promotion and that it shall only Use any personal details of Prize Promotion entrants that it may obtain for the purposes expressly agreed to by such entrants.
3 ADVERTISEMENTS SUBMITTED FOR INSERTION IN A PRINT PUBLICATION
The Terms set out in this Clause 3 will apply to the acceptance of all Advertisements submitted for insertion in any Print Publication.
3.1 Advertisement copy shall be supplied to the Publisher in accordance with the relevant technical specifications set out in the Rate Card, which include, among other matters, copy lead times.
3.2 For Display Advertisements, colour is guaranteed for 90% of the total SRDS audited circulation excluding those copies of newspapers printed at mono-only print sites (at which the Buyer acknowledges Advertisements will not be printed in colour).
3.3 Any Buyer offering Mail Order Services or requiring payment in advance of goods being dispatched must be a member in good standing. Buyers may be required to produce proof of such membership to the Publisher prior to acceptance of the Advertisement.
3.4 Should a Buyer wish to make Use of a ’box number’ service offered by the Publisher, reasonable efforts will be made to forward replies to box numbers to the agreed address as soon as possible. However, the Publisher accepts no liability in respect of any loss or damage arising through delay or failure in forwarding such replies. The Buyer authorizes the Publisher to open and return to its origin any such reply if it seems fit to the Publisher to do so, and warrants to the Publisher that it has the authority to supply this authorization. A box number is allocated for a single insertion of an Advertisement, and the charge includes holding the box number open for 21 days after the insertion of the Advertisement and the handling and posting to the Buyer of all replies received. Airmail handling rates will be agreed prior to insertion where applicable.
4 ADVERTISEMENTS SUBMITTED FOR INSERTION IN AN FM SITE
The Terms set out in this Clause 4 will apply to the acceptance of all Advertisements submitted for insertion in an FM Site or email campaigns and desktop alerts:
4.1 Advertisement copy shall be supplied to the Publisher in accordance with the relevant technical specifications set out in the Rate Card, and shall be supplied at least four working days prior to the Start Date, or five working days prior in the case of rich media.
4.2 Where Advertisement copy is supplied late, the Publisher may still publish the Advertisement, although the Buyer will be liable to pay the Publisher in full for all impressions or space ordered if any under-delivery is due to such late supply.
4.3 With respect to the monitoring and counting of page impressions, the Buyer agrees to rely on the Publisher’s advertising management system which records and reports on the number of impressions served. Upon the Buyer’s request, the Publisher shall supply to the Buyer details of such reports as they relate to the Buyer’s Advertisements, and unless the Buyer can prove that such a report contains a manifest error, the Buyer shall accept the results.
4.4 If the Publisher fails to deliver the impressions purchased, the Publisher agrees to notify the Buyer. If inventory is available, the Publisher will, at the Buyer’s request, continue to publish the Advertisement at no extra charge until the impressions purchased have been delivered. Alternatively, the Publisher will not charge for the impressions not served. This shall be the Buyer’s sole remedy for any failure to deliver the agreed number of impressions.
4.5 The Publisher shall not be bound by received notices of stop orders, cancellation or transfers of the Advertisement:
a. in the case of sponsorship of microsites, surveys, email campaigns and other sponsorship or featured Advertiser positions, less than 28 days prior to Start Date;
b. in the case of all Advertisements or sponsorship on wireless (for example WAP/PDA) versions of FM Sites, less than 28 days prior to the Start Date;
c. in the case of pop-ups, country-specific or other targeted run-of-site Advertisements, less than 14 days prior to the Start Date; or
d. in the case of run-of-world or non-targeted run-of-site Advertisements, and in the case of Job Advertisements, less than 4 working days prior to the Start Date.
4.6 Buyer acknowledges that, consistent with Publisher’s need for editorial discretion, Publisher may redesign, delete or replace the pages on which the Advertisements will be displayed or may redesign or replace the type of links, buttons, boxes, banners and Internet audio or video Advertisements purchased by Buyer, provided that Publisher will endeavour to provide comparable links, buttons, boxes, banners, Internet audio or video Advertisements.
4.7 Where an Advertisement is inserted into emails, SMS, MMS, desktop alerts or IM messages delivered by the Publisher, or any similar form (a "Message Campaign"), the terms set out in this sub-Clause 4.7 shall apply.
a. The Publisher will not make available to the Buyer or any third party any data relating to recipients or intended recipients of the Message Campaign (including, without limitation, the Publisher’s database of Users or any part thereof), and the Buyer will not attempt to gain unauthorized access to any such data. Neither the Buyer nor any third party shall acquire any rights in any such data or database or any part thereof.
b. The Publisher makes no representation as to the accuracy or completeness of its database of Users, and will accept no liability arising from any inaccuracy or incompleteness thereof.
c. The Buyer agrees that the charge made for a Message Campaign shall be based on the number of Advertisements sent, and not the number of Advertisements received, and acknowledges that the Publisher cannot provide any guarantees as to the number of Advertisements that will be received.
d. Advertisements for Use in a Message Campaign will be subject to additional restrictions as to size, format and content.
e. No reference to the Publisher shall be made in the Advertisement without the Publisher’s prior written consent to the specific form and wording of such reference.
f. The Publisher will not intentionally send Advertisements to users of an FM Site who have informed the Publisher that they do not wish to receive such Advertisements.
4.8 For Advertisements submitted for insertion in an FM Site, rates apply per thousand impressions served and are dependant on volume ordered and site position, except in the case of Job Advertisements or unless otherwise specified by the Publisher.
4.9 Where the Publisher allows credit to the Buyer, payment in respect of Advertisements inserted in an FM Site is due within 25 days of the date shown on the invoice.
5 LIABILITY
5.1 The Buyer contracts with the Publisher as principal and warrants it has the authority to do so.
5.2 Subject to Sub Clause 5.3 below, if the Buyer is an Agent representing an Advertiser, the Agent and Advertiser shall each be a party to these Terms and shall be jointly and severally liable to the Publisher. The Agent shall be solely responsible for making the Advertiser aware of these Terms.
5.3 If the Buyer is an NPA Recognized Agent, Sub Clause 5.2 above does not apply in respect of any Advertisements submitted for Publication in a Print Publication. For the purposes of this Sub Clause 5.3, if the Buyer is an NPA Recognized Agent and breaches these Terms, only the Buyer (and not, if a separate entity, the Advertiser) shall be liable to the Publisher in respect of Advertisements submitted for Publication in a Print Publication.
5.4 The Buyer warrants and represents that Advertisements submitted for Publication in a Print Publication or on an FM Site shall not give cause, directly or indirectly, for an action to be brought against the Publisher under the national and international legislation, codes and instruments of the legal jurisdictions in which the FM Publication is available. Without limiting the generality of the foregoing, the Buyer also warrants and represents that Advertisements submitted for insertion shall:-
a. not contain liable, fraudulent, misleading or false content, and shall not give cause, directly or indirectly, for any action to be brought against the Publisher for libel, fraud or Publication of a false or misleading statement;
b. not infringe the copyright or other rights (including, but not limited to, moral rights, intellectual property rights, trade mark rights and rights of privacy) of any third party or unfairly prejudice the legitimate interest of any third party by implication or otherwise;
c. ensure all necessary authority and permission has been secured in respect of the Use of Advertisements of pictorial representations of (or purporting to be to be of) living persons, and of references to the words attributed to living persons;
d. comply with the requirements of USA Financial Services legislation both as to content and authorization, and that such Advertisements shall not give cause, directly or indirectly, for any action to be brought against the Publisher under the provisions of such legislation. In addition, Advertisements shall comply with USA Law;
e. comply with all applicable laws of the USA relating to the offer or sale of securities or pertaining to online gambling and gaming, and shall not give cause, directly or indirectly, for an action to be brought against the Publisher under the provisions of such laws;
f. not indicate, and shall not reasonably be capable of being understood as indicating, an intention to discriminate on grounds of sex, race, religion, belief, disability, ethnic origin, age or sexual orientation (unless such Advertisements are exempt from any statutory requirements relating to such forms of discrimination and the Buyer notifies the Publisher of the applicability of such an exemption at the time when the Advertisements are booked;
g. not be designed or likely to cause disruption to any computer, computer system or network.
5.5 The Buyer warrants that Advertisements submitted for an FM Site shall not, through the Use of flashing image sequences or through any other means, be injurious to or jeopardize the health of any User of the FM Site.
5.6 The Buyer will indemnify and keep indemnified the Publisher, its agents and employees, fully and effectually against any and all costs, claims, damages, loss or other liability which it may incur as a result of any breach of the warranties and representations set out in these Terms, including, but not limited to, enforcement and collection proceedings.
5.7 In each case to the full extent permitted by law:
(a) the Publisher’s total liability to the Buyer and/or Advertiser in respect of any breach of the Publisher’s obligations under these Terms shall be solely for direct losses incurred by the Buyer and/or Advertiser;
(b) any liability on the part of the Publisher for any indirect, special, incidental or consequential loss or damage, or for any loss of profits, loss of business or loss of revenues is hereby expressly excluded;
(c) any liability on the part of the Publisher shall be limited in total to the price payable to the Publisher for the insertion of the Advertisement which causes the liability to arise.
5.8 The Buyer shall be required to notify the Publisher within 30 days of the date the Advertisement is published if there are any complaints about the published Advertisement. If the Buyer fails to notify the Publisher within this period of time, the Buyer agrees that the Publisher cannot consider any complaint and will not be liable for any compensation or similar claims. This does not affect the Buyer’s statutory rights.
6 PAYMENT
6.1 Advertising rates are specified in the Rate Card. Rates are quoted exclusive of Value Added Tax and any other applicable sales taxes. Any Value Added Tax due on any Advertisement will be separately shown on the invoice.
6.2 Gross rates for Advertisements submitted for insertion in FM Publications 
6.3 Payment in respect of Advertisements submitted for insertion in an FM Publication (including any associated production and late copy) is due, in the absence of any other specific arrangement between the Publisher and the Buyer, 8 working days in advance of Publication or Start Date (as applicable).
6.4 In the case of Job Advertisements submitted for insertion in an FM Site, charges will vary according to the terms of the individual agreement. The Publisher may agree to charge the Buyer according to:
6.4.1 the number of ’job slots’ the Buyer agrees to occupy with individual Job Advertisements over a specified period of time; or
6.4.2 the number of individual Job Advertisements the Buyer agrees to order over a specified period of time.
Where a Buyer is charged according to sub-Clause 6.4.1 above, the Publisher will make no adjustment to the charge in respect of ’job slots’ not occupied within the specified period of time. Where a Buyer is charged according to sub-Clause 6.4.2 above, and where the Buyer orders fewer Job Advertisements than is agreed within the specified period of time, the charge will be adjusted upwards accordingly.
6.5 Where the Publisher allows credit to a Buyer, the parties agree that the Late Payment of Commercial Debts (Interest) shall apply. In addition to the remedies available to the Publisher under provisions of the Act, the Buyer agrees to pay the Publisher in respect of all Advertisements for which payment is not made by the due time the sum of $50.00 as an administration charge. Any such administration charge is payable within seven days from receipt of the invoice particularising it.
6.6 Credit checks may be made against all Buyers. Publisher reserves the right to impose credit limits and enforce them by not publishing the Advertisements. Publisher may require the Buyer to pre-pay, furnish a bank guarantee or other collateral security, as a condition for the Publication of the Advertisement.
6.7 Where the Publisher agrees to allow credit to the Buyer in respect of Advertisements inserted in a Print Publication, the due time for payment shall be no later than 10.00 am:
a. if the Buyer is a NPA Recognized Agent, on the last working day of the month following that in which the Advertisement appeared; or
b. in any other case, on the 25th day from the date of invoice (or, if such 25th day is not a working day, the working day immediately prior to such 25th day). Full details of each remittance are to be supplied by the Buyer, the Agent and/or Recognized Agent to the Publisher by the due time.
6.8 A commission of 10% on the gross invoiced amounts may be allowed to NPA Recognized Agents. In the case of Financial Listings, a commission of 10% is allowed to such agencies. Where the Buyer is not a NPA Recognized Agent, no commission is allowed unless otherwise agreed by the Publisher.
6.9 Where the Publisher, within its discretion, agrees to allow credit to the Buyer, payment in respect of Advertisements inserted on an FM Site is due within 30 days of the date shown on the invoice. Except in the case of Job Advertisements, the Publisher may invoice the Buyer in respect of such Advertisements on or at any time after the Start Date. In the case of Job Advertisements (where the Buyer is required to book a minimum number of Advertisements over a defined period), the Publisher will invoice the Buyer for the minimum amount of Advertisements booked on or at any time after the date on which the first such Advertisement is published, and will invoice the Buyer for any further amounts due on, or at any time after, publication of the last such Advertisement.
6.10 The Publisher shall not be bound by notice of stop orders, cancellation or transfers of the Advertisement booked for insertion received less than 30 days prior to the agreed date of Publication/insertion.
6.11 Payment shall mean the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or the crediting to the Publisher’s bank account of a cheque or money transferred electronically or through the clearing banks’ BACS system.
6.12 The Publisher may require the Buyer to furnish a bank guarantee or other collateral security or to enter into an escrow arrangement, as a condition of any order for the insertion of an Advertisement.
7 MISCELLANEOUS
7.1 The Buyer acknowledges that FM Sites are accessible worldwide. The Publisher makes no representation that any Publication of any Advertisements will be confined to persons resident in any particular legal jurisdiction(s).
7.2 The Buyer acknowledges that in order to publish Advertisements on a particular date, the Publisher will be obliged to supply to external parties copies of and/or information relating to Advertisements prior to the agreed date of Publication. The parties agree that any such action by the Publisher shall not constitute breach of any obligation of confidentiality accepted by the Publisher.
7.3 The Buyer may not assign or transfer any of its rights under these Terms to any third party.
7.4 These Terms constitute the entire agreement between the parties with regard to its subject matter and supersede all prior understandings, commitments and undertakings that either party may have given. The headings within these Terms are for convenience and shall not affect their interpretation.
7.5 Except as expressly provided in these Terms, no provision of these Terms shall confer any right on any third party. To the fullest extent permitted by applicable law, the parties hereby exclude any such right (including any such right arising under statute).
7.6 These Terms are governed by USA Law. The parties agree to the USA Courts having nonexclusive jurisdiction. The Publisher reserves the right to bring proceedings in the courts of the country (or state) of the Buyer’s place of business.
7.7 If any provision of these Terms shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
7.8 Except for the Buyer’s obligation to pay neither party shall be liable to the other for any liability or damage, caused by or arising out of any strike by employees, lock-up, trade dispute, enemy action, act of terrorism, rioting, civil commotion/disturbance, fire, Force Majeure, Act of God or other similar contingency beyond the control of either of them.
7.9 The Publisher reserves the right to modify these Terms and the Rate Card, and may publish new Terms or Rate Card containing new terms or otherwise notify the Buyer of changes to these Terms or to the Rate Card. Such changes will apply to any order or request for the insertion of an Advertisement subsequently placed by the Buyer.
7.10 At the time of publication of the Rate Card, the registered office of Blue Ice Geeks / Fuji Magazine 3345 South Scenic Ave Suite E Springfield Missouri 65807
© Blue Ice Geeks Inc. 2009