Ad Network Terms
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Company offers a platform for advertisers and publishers to buy and sell advertising. The "Service" means the product, platform or service provided or made accessible to you by Company.
By registering and participating in this Service, you agree and represent as follows:
You are of legal age and are otherwise capable of forming a legally binding contract;
You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds;
All information you submit to Company or in connection with a Company service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;
You agree to be contacted via Email, SMS and text messaging by Company, and by third parties if relevant, regarding Company's services;
You hereby grant Company permission to email or display your profile and such other information as may be supplied by you to Company on or from Company's website as Company shall deem advisable in its sole determination in connection with the Service for you;
By using the Service, you are granting Company permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
Whether as an advertiser or publisher, you agree to abide by the terms of the IAB Standard Terms and Conditions for Internet Advertising For Media Buys One Year or Less (version 3.0) (http://www.iab.net/media/file/IAB_4As-tsandcs-FINAL.pdf) and such terms will cover any transactions consummated through the Service. Notwithstanding the foregoing sentence, you agree that all orders placed are non-cancellable, and that if Publisher has not delivered the contracted impressions in the time frame set forth, then Publisher shall continue to run your ads until it makes good any underdelivery.
3. Responsibility For User Content; Publisher Requirements
Company respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, Company cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service. You expressly agree that Company will not be liable for materials.
In connection with your use of the Site or your Account, if you are a publisher or seller of advertising, you agree to:
Install and use Company's ad serving code on your website at all times that you publish or sell ads through the Site, or alternatively, maintain a third party ad server connection such that Company is able to publish ads through your ad server as agreed;
Approve or deny ads in a timely fashion (If your ad zone is set to automatically approve ads, the ads will be programmed to go live on your website immediately, but you have 24 hours to notify Company to remove the ads. If your ad zone is set to manual approval, you have up to 24 hours to approve or deny the ad, after which time Company may approve the ad at its discretion);
Accept Company's terms for release of statistical information (You understand and agree that such statistics are estimates only and are subject to revision for reasons that include but are not limited to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed for, several times a day);
Accept Company's terms for payment, cashouts, and the like, as described in the Account registration process on the Site.
If you are a publisher or seller of ads, and if you sell or otherwise transfer to another party one or more of your websites, then if the other party validly has its own Account in good standing, you may request that Company transfer ("Push") those websites from your Account to that other party's Account. Company shall have no obligation to push such websites if that other party does not have a valid and complete publisher Account.
Any Client media (1) directed to children under the age of 13 who reside in the United Kingdom or any territory thereof; or (2) that collect information from users known by the operator thereof to be under the age of 13 who reside in the United Kingdom or any territory thereof ("Kids' Sites") must be identified as such by the seller making Ad Inventory thereon available through the Service. Client's use of the Service will be in compliance with the Children's Online Privacy Protection Act ("COPPA"). Without limiting the foregoing, Client may not, except to the extent permitted by applicable law, (i) create profiles of users or visitors of Kids' Sites, (ii) purchase, sell, place or facilitate the placement of behaviorally targeted Ads on Kids' Sites, or (iii) collect personal information (as defined by COPPA) about users or visitors of Kids' Sites. We will use flags within the Service to categorize Media identified by an applicable Seller as a Kids' Site within the Service, however we undertake no obligation to monitor COPPA compliance by Buyers or Sellers. Nothing in this Section shall be construed as limiting Client's obligation to comply with any other applicable laws, rules or regulations related to minors.
4. Acceptable Use Policy
5. Use of Third Party Services
As a part of our Service, Company may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Company does not operate or control in any way any information, software, products or services available on such web sites. Company's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
6. Representations and Warranties and Indemnification
7. Disclaimers and Limitations
Company intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Company may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Company AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Company'S SERVICE IS AT YOUR OWN RISK. Company AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Company'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Company OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Company'S LIABILITY, AND THE LIABILITY OF Company'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO Company DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN Company AND YOU.
ERRORS AND DELAYS
Company is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
8.1 Funding Your Account
You may fund your account in two ways: (1) you can deposit funds into your account via a debit or credit card, bank transfer, Stripe or PayPal, Coinpayments ("Deposited Funds"); and (2) you can earn funds by selling ads as a publisher ("Earned Funds"). Deposited Funds will appear in your Account balance and be available for you to purchase ads;
however, Deposited Funds may not be cashed out. Earned Funds will appear in your Account balance after one of your ads has been purchased, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site.
PLEASE NOTE OUR REFUND POLICY (https://www.buzzkiki.com/p/refund), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose ads are displayed on any website defaults on payment to us, we may withhold payment or charge back your account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
8.2 Self-Serve Payment Methods
We accept two payment methods for self-serve purchases: (1) debit or credit card, (2) cryptocurrency via Coinpayments. PLEASE NOTE OUR REFUND POLICY (https://www.buzzkiki.com/p/refund), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
10. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Company's Service, to the goods or services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in London, United kingdom, from which arbitration there shall be no appeal. The arbitrator shall apply the substantive law of the United Kingdom. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and solicitors fees. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Company WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Company ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR COURT PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
11. Jury Trial/Class Action Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER COURT PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER COURT PROCEEDING OF ANY KIND.
13. Copyright and Trademark Notices
All contents of the Service are copyrighted © 2022 Buzzkiki Ltd. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
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