To read the Terms & Conditions for Adstrip Publisher, please click here.
Terms & Conditions for Blogads Advertisers
Last revised: January 10, 2014
YOU ACKNOWLEDGE AND AGREE THAT BY REGISTERING AN ACCOUNT WITH BLOGADS, [YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND DO NOT SUBMIT ANY BLOGADS THROUGH THE SERVICE AND THIS AGREEMENT SHALL BE IMMEDIATELY TERMINATED.
CHANGES TO TERMS AND CONDITIONS. Application Provider reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the site http://web.blogads.com/blogger-terms-and-conditions with respect to any use by you of the Service or submission of Blogads following such effectiveness. You are responsible for reviewing these terms from time to time to ensure that you are in agreement with any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SERVICE FOLLOWING APPLICATION PROVIDER'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICE AND THIS AGREEMENT WILL BE DEEMED TERMINATED.
1. CONDITIONS FOR ADVERTISING AND PAYMENT
1.1 Subject to approval by Publisher, Blogads are available to anyone who registers all the required information and has paid for the advertising submitted ("Advertiser Content") in a manner required on the Blogad submission form.
1.2 Application Provider shall provide Advertiser with a price list for all Adstrips and it shall be Advertiser's sole responsibility to determine on which Adstrips to place a Blogad. Advertiser shall be liable for all charges that accrue based on the price list provided to Advertiser. Blogads are sold on a fixed time basis. Until a Blogad is invoiced or paid for the parties agree that its price may change without notice. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Application Provider provides tracking tools, and in the event of any dispute in the running of an ad, the number of ad impressions or recorded click throughs on any Blogad, Advertiser hereby agrees that the tracking device provided by Application Provider shall be the official tracking mechanism for the applicable Blogad.
1.3 Publisher, Application Provider and their designees reserve the right (but not obligation) to, and in their sole discretion may, at any time review, edit, reject, modify, cancel or remove any Blogad. The sole liability of Publisher and Application Provider to Advertiser for removal of any Blogad shall be limited to a refund of any fees paid for Blogads not yet approved by Publisher. No liability of Publisher, Application Provider or their designees shall result from any such decision. In addition, Publisher may, at its option request that Advertiser rescind changes made to an approved Blogad, if Publisher in its sole discretion finds any modifications made to an approved Blogad objectionable.
1.4 Payment may take place via PayPal, with credit card using WorldPay's secure payment system or such other payment system as may be designated by Application Provider from time to time ("Payment Solution Providers"), or, upon special arrangement, by check or wire transfer to the account designated by Application Provider. Payments are limited by terms of Payment Solution Providers. If a Blogad is not accepted, Publisher or its designees shall return the fee paid upon submission of the Blogad to Advertiser via either 1) the Payment Solution Provider’s system to Advertiser’s account or 2) by refunding the credit card purchase or 3) by mailing advertiser a check to the postal address registered with Application Provider via the appropriate Application Provider form, if the ad was paid for by check or wire transfer. If a refund is not claimed within the time period specified by Payment Solution Providers, Advertiser forfeits the entire amount and the payment is canceled. Any check not cashed within its expiry period will be forfeited and the payment is canceled. Advertiser may also request cancellation of a Blogad and a refund at any time prior to approval of the Blogad by Publisher by sending an email to ad-tech (AT) blogads DOT com with sufficient detail to describe the Blogad and the refund requested. Other than as specifically described above, all fees paid for Blogads are nonrefundable.
1.5 Advertiser may not use the Service in order to transmit, distribute, store or destroy material, including without limitation, web site content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful or (d) that is false or misleading, or contains malicious content, malware, or hidden scripts. Application Provider and its designees reserve the right to restrict, suspend, or terminate Advertiser's access to all or any part of the Blogads system, including cancellation of any Blogads, at any time, for any or no reason, with or without prior notice, and without liability.
1.6 By submitting advertising into the Blogads Service, the Advertiser grants Application Provider the right to reproduce, publish, display and distribute, without additional charge, the Blogad on, and, if necessary, to modify the Blogad to fit the parameters of, any of the Application Provider sites or in any Application Provider collateral materials, including but not limited to www.blogads.com. In addition, Advertiser hereby agrees that Publisher and Application Provider may display Advertiser's Blogads, free of charge, on other sites maintained by Publisher, Application Provider or their designees. If you wish to opt out from providing Application Provider such additional rights, please contact Application Provider by sending an email to ad‐tech (AT) blogads DOT com, specifying the Blogad id number of the subject advertisement.
1.7 By submitting a Blogad to the Service, Advertiser represents and warrants that it is the owner of the Advertiser Content and all patent, copyright, mask work, trademark, service mark, and any and all other proprietary rights and interests therein and has all permissions that may be necessary to provide the Advertiser Content and grant the rights to Application Provider as set forth herein. Advertiser hereby grants Publisher, Application Provider and their designees the right to communicate such works to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of this Agreement for the purpose of providing the Service and posting the Blogad as described in this Agreement. Advertiser also permits any User the right to access, display, view, store and reproduce such content. Subject to the foregoing, Advertiser, or the applicable owner of such content, retains any and all rights that may exist in such Advertiser Content.
1.8 Advertiser acknowledges and agrees that Publisher or its designees may preserve Advertiser Content and may also disclose Advertiser Content and other information relating to Advertiser and the Blogad(s) if required to do so by law, requested by legal or other government authorities or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Advertiser Content violates the rights of third-‐parties; (d) protect the rights, property, or personal safety of Application Provider, Publisher, Users and the public; or (e) protect Application Provider or Publisher from any other form of liability or damage.
1.9 Special terms for Native Advertising: The FTC has issued rules regarding paid endorsements on blogs. By purchasing Native Advertising ad units, Advertisers agree to comply with FTC guidelines.
1.10 Special terms for Sponsored Tweets: The FTC has issued rules regarding paid endorsements on blogs including Twitter.
i. By purchasing Sponsored Tweets, Advertisers agree to comply with FTC guidelines. Material connection to the advertiser should be disclosed, and endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser. By purchasing a Paid Tweet ad unit through the Service, Advertiser agrees to be solely responsible for interpreting and complying with FTC guidelines. To comply with FTC guidelines, the hashtag #ad will be automatically inserted at the end of your tweet text.
ii. Sponsored Tweets must be manually approved by Publisher. Sponsored Tweets that are not approved by Publisher prior to scheduled start date, or within 30 days if scheduled "As Soon As Possible" will be rejected and funds will become available for Advertiser for repurchase or refund.
1.11 Advertiser acknowledges and agrees that it is responsible for all usage or activity on its Blogads account, including the submission of Blogads and Advertiser Content, and including any use by a third party authorized by Advertiser or otherwise using your account and password. Advertiser is solely responsible for maintaining the confidentiality of all user names and passwords associated with its account and Advertiser shall promptly notify Application Provider of any unauthorized use of its account.
2. REPRESENTATIONS AND WARRANTIES
2.1 Advertiser hereby represents and warrants that Advertiser is authorized to publish Advertiser Content and further represents, that the contents are not unlawful, do not infringe the rights of any person or entity and that the Advertiser has obtained all necessary permission or releases to display the Blogad.
2.2 Advertiser further represents and warrants that any Web site linked to Advertiser's Blogad(s) complies with all laws and regulations in any state or country where the ad may be displayed, does not breach and has not breached any duty toward or rights of any person or entity, does not promote, support or encourage illegal activities or products or provide support or resources or conceal or disguise the nature, location, source or ownership of support or resources to any organization designated by the U.S. government as a foreign terrorist organization, and is not fraudulent, false, misleading, defamatory, libelous, slanderous or threatening.
2.3 Advertiser acknowledges and agrees that Publisher, Application Provider, their affiliates, partners and third-‐party service providers make no guarantee regarding the levels of impressions or clicks for any Blogad placed into an Adstrip. Advertiser further acknowledges that Publisher and Application Provider, their affiliates and third‐party service providers act as a passive conduit for the online distribution and publication of Advertiser‐submitted information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by Users, Advertiser or other advertisers. Publisher, Application Provider, their affiliates and third‐party service providers do not warrant or make any representations regarding the use or the results of the use of the materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise and Advertiser assumes the entire cost of all necessary maintenance, repair or correction to the Blogad. Advertiser acknowledges that the Blogads service is intended to be self‐serve for Advertisers and Advertiser is solely responsible for all input of campaign parameters, data and other information relating to Advertiser’s material. Application Provider may provide Advertiser with assistance in campaign set up, however Application Provider specifically disclaims any liability for errors or omissions resulting from this assistance and Adverstiser shall be solely responsible for ensuring the accuracy and correctness of campaign set-‐up. Advertiser assumes sole responsibility for all third party costs for ad tracking, ad serving and hosting fees, rich media fees, and other third party services, including without limitation, any overage fees assessed by any such third party, all of which Advertiser assumes at its own risk.
2.4 Advertiser acknowledges and agrees that Users and other third parties may take actions on Advertiser's Blogad. Advertiser acknowledges and agrees that Application Provider is not responsibile for distinguishing between clicks from Users and clicks from spiders or bots or any other automated means on Blogads. Advertiser's report may from time to time list clicks on Blogads that the Advertiser might consider to be fraudulent. If Advertiser suspects that click reports are misreported or inaccurate, it is Advertiser's sole responsibility to notify Application Provider and request the Application Provider investigate the report; provided, however, that Advertiser acknowledges that no refunds will be made in this case.
3. NO WARRANTY
ADVERTISER ACKNOWLEDGES THAT ADVERTISER IS USING THE SERVICE AT ADVERTISER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND PUBLISHER, APPLICATION PROVIDER, THEIR AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-‐INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM SERVICE PROVIDER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
4. LIMITATIONS OF LIABILITY
PUBLISHER, APPLICATION PROVIDER, THEIR OFFICERS, DIRECTORS, AGENTS, ADVISORS, AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO ADVERTISER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, ADVERTISER'S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, ADVERTISER'S USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER ACKNOWLEDGES THAT, DUE TO THE NATURE OF THE INTERNET, PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD‐PARTY SERVICE PROVIDERS CAN ASSUME NO LIABILITY FOR UNAUTHORIZED COPYING OF BLOGADS CONTENT BY USERS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO ADVERTISER. ADVERTISER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
NEITHER PUBLISHER NOR APPLICATION PROVIDER SHALL BE LIABLE TO ADVERTISER FOR ANY AGGREGATE AMOUNTS IN EXCESS OF THE DOLLAR VALUE OF MEDIA ACTUALLY DELIVERED FOR THE SPECIFIC ADVERTISING CAMPAIGN THAT IS THE BASIS FOR A CLAIM. THE PROVISIONS OF THIS SECTION FAIRLY ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND APPLICATION PROVIDER HAS RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING ITS PRICING AND WHETHER TO ENTER INTO THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY AND REGARDLESS OF THE FORM OF ACTION.
5. INDEMNIFICATION; RELEASE
ADVERTISER HEREBY AGREES TO FULLY INDEMNIFY AND HOLD APPLICATION PROVIDER, PUBLISHER AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ADVERTISER'S BREACH OF THIS AGREEMENT, PROVISION OF BLOGADS OR USE OF THIS SERVICE.
ADVERTISER FURTHER HEREBY AGREES TO RELEASE PUBLISHER, APPLICATON PROVIDER AND THEIR REPRESENTATIVES FROM ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH ADVERTISER'S BREACH OF THIS AGREEMENT, PROVISION OF ADVERTISER CONTENT OR USE OF THIS SERVICE. IF ADVERTISER IS A CALIFORNIA RESIDENT, ADVERTISER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" .
6.1 This Agreement shall be governed in all respects by the laws of North Carolina and the parties agree to submit to the non-exclusive jurisdiction of the North Carolina courts.
6.2 Unless otherwise noted in this Agreement, all correspondence should be sent to the Application Provider or Publisher via the e‐mail address specified on the Application Provider’s or Publisher's site, as may be applicable.
6.3 Unless, otherwise directed by Advertiser in writing, Publisher and Application Provider or their designees may, even after termination of this Agreement, retain and store all Advertiser information, including but not limited to Ads, URLs, contact and billing information. In addition, Publisher and Application Provider or their designees may share aggregate (i.e., not personally identifiable) information about Advertiser with other advertisers, business partners, including syndication partners, sponsors, and other third parties.
6.4 While Application Provider, its affiliates, partners and third-‐party service providers do value Advertiser feedback on the Blogads Services, Advertisers are asked to be specific in their comments and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, Advertiser sends us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Application Provider, its affiliates, partners and third-‐party service providers. None of the Submission shall be subject to any obligation of confidence on Application Provider, its affiliates, partners and third-‐party service providers, and the same shall not be liable for any use or disclosure of any Submission. Application Provider, its affiliates, partners and third-‐party service providers shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to Advertiser or any other person who submitted the Submission.
6.5 Use of Trademarks. Advertiser hereby grants Application Provider the right to use its name and logos ("Trademarks") on its web sites and advertising materials in connection with the Services.
6.6 In the event that all or substantially all of assets of Application Provider that relate to the Service are acquired, this Agreement and Advertiser data submitted via the Service may be among the transferred assets.
6.7 Advertiser agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activities conducted on Application Provider's servers. Advertiser agrees not to take any action that imposes an unreasonable or disproportionately large load on the Service's hardware, bandwidth or software. Advertiser agrees not to impede or interfere with others' use of the Service. Advertiser further agrees not to alter or tamper with any information or materials on or associated with the Service.
6.8 All prices and terms are subject to change. The current terms of this Agreement can always be publicly accessed via the Blogad buying pages of the Adstrip.
To read the Terms & Conditions for Adstrip Publisher, please click here.