BC ADVERTISING NETWORK LP.
Suite 1 4 Queen Street, Edinburgh, United Kingdom, EH2 1JE
+44 7379 334973
Please review these terms and conditions of service carefully before using bigclick.me and the services thereon.
This document states the terms and conditions (these "Terms") upon which BC ADVERTISING NETWORK LP, a company organized in Great Britain ("BigClick", "we," "us" or "our"), you may use our services including through and in relation to the bigclick.me website (the "Service"). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, joining and/or participating in (collectively "using") the Service, you express and acknowledge your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Service and cease using it.
WHEREAS, we have developed the Service for users to advertise and publish advertisements on the Internet; and
WHEREAS, you own and operate one or more websites, applications, offers, services and/or properties (each "Your Property" and collectively "Your Properties"); and
WHEREAS, you desire to buy advertising space or impressions for Your Properties on websites, applications and/or properties operated by other users of the Service ("Third Party Properties") and/or you desire to publish advertising for Third Party Properties on Your Properties; and
WHEREAS, we will grant you the use of the Service to buy and sell advertising space and impressions through the Service in accordance with the terms hereof.
NOW, THEREFORE, in consideration of the recitals and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties make the following agreement:
You must be over eighteen (18) years of age to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service is further not permitted where prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.
By accepting these Terms and/or creating an Account (defined below) you understand that you are merely requesting acceptance to the Service and that you will not be permitted full use of the Service until you have been accepted into the Service by us (such acceptance to be terminable in accordance with the terms hereof).
Subject to our acceptance of you to the Service, we grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Service, including all content and services available therein (the "Content"), on your computer consistent with these Terms.
This grant is terminable (including a partial termination or limitation) by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may, but shall not be obligated to: (i) delete or deactivate your Account (as defined below), (ii) block your e-mail and/or IP addresses or otherwise terminate your use of the Service, and/or (iii) take any other action to prevent your use of the Service. You may also terminate your participation in the Service by providing notice to us at any time. If you terminate for any reason, or if we terminate for cause, including for breach of any of the Participation Conditions (defined below), then we shall not be obligated to pay you any amounts owing to you. Upon termination by us, you agree not to use or attempt to use the Service after said termination. Upon termination for any reason, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. Pursuant to the terms herein, including Sections 11 and 12, you acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
You must create an account with us (an "Account") to use the Service to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.
By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.
You shall not use another person's or entity's Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 14 and 15 hereof, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to your all of your data on your Account, including any private content, and the ability to buy and sell advertising on your behalf.
The Service offers you the ability to buy and sell advertising space through the Service. If you use the Service to buy advertising space (as an "Advertiser") or if you use the service to sell advertising space (as a "Publisher"), you hereby acknowledge and agree that you agree to and will be bound by the Advertiser's Supplement and the Publisher's Supplement, respectively, as they may be amended from time to time and which are incorporated herein by reference (together, the "Transaction Supplements"). You acknowledge and agree that a breach of any provision in either of the Transaction Supplements is a breach of these Terms. Where these Terms and the Transaction Supplements conflict, these Terms shall control.
The Content on the Service and available through the Service, excluding Advertisements and Third Party Content (both defined below), but including other text, graphical images, photographs, music, video, software, databases, scripts and trademarks, service marks and logos contained therein (collectively "Proprietary Materials"), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark, trade secret, and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
In order to include Your Properties in the Service (and, as a result buy and/or sell advertising space), you must submit Your Properties for acceptance into the Service. We reserve the right to accept or reject Your Website from inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions (defined below). Your application must include all information requested in the application on the Service. In addition to our right to terminate your grant of use of the Service, we reserve the right to terminate Your Property's inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions or other requirements, with or without notice. In our sole discretion, we may give you a grace period to cure a breach of a Participation Condition or other requirement, but we shall be under no obligation to do so.
You must properly categorize Your Property in accordance with the categories set forth on the Service and provide any further information as requested by us on the Service. You represent and warrant that all information you include with the submission of Your Website is true and correct.
You represent and warrant that you have the necessary ownership, licenses, permissions, rights and consents to submit Your Property to the Service and to authorize us to include Your Property in the Service for any and all uses contemplated by the Service and these Terms. You are entirely responsible for any of Your Properties you submit to the Service. You shall be solely responsible for any and all of Your Properties and any and all consequences of submitting them to the Service.
We claim no ownership or control over Your Properties. You or a third party licensor, as appropriate, retain all rights in and ownership over Your Properties and you are responsible for protecting your rights in and ownership over Your Properties as appropriate.
You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Service, including advertisements (whether in the form of banners, pop-unders, pop-ups, advertising copy, or otherwise) that you seek to place through the Service (collectively, "Advertisements"). Advertisements cannot always be withdrawn. You acknowledge that any disclosure of personal information in Advertisements may make you or others personally identifiable and that we do not guarantee any confidentiality with respect to Advertisements (in fact, advertisements are likely to be published publicly on the Internet).
You shall be solely responsible for any and all of your own Advertisements and any and all consequences of posting, uploading, publishing or otherwise making them available. For any of your Advertisements, you affirm, represent and/or warrant that:
a) You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to Advertisements for any and all uses contemplated by the Service and these Terms;
b) You will not post, or allow anyone else to post, any kind of erotic or pornographic materials; and
c) You have written consent, release, and/or permission from each and every identifiable individual in your Advertisements to use the name and/or likeness of each and every such identifiable individual to enable use of the Advertisement for any and all uses contemplated by the Service and these Terms. You further agree that you shall not submit an Advertisement that:
d) Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
e) Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
f) Contains any pornographic content or promotes any sexual related activities;
g) Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
h) Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
i) Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
j) Is unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation.
We claim no ownership or control over Advertisements or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to Advertisements and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit Advertisements (including any trademarks incorporated therein) for the purposes contemplated by the Service and these Terms. Furthermore, you also grant other users of the Service a right and license to use Advertisements in connection with their use of the Service and/or promoting/publishing your Advertisements. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to Advertisements.
The foregoing license specifically includes a license by you to us to modify Advertisements as necessary for technical or commercial reasons, including scaling images, creating thumbnail images, shortening text to fit available space and any other modifications we deem necessary in our sole discretion to adequately provide the Service to you.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Advertisements. Specifically, you represent and warrant that you own the title to the Advertisements, that you have the right to upload the Advertisements to the Service and to have them displayed through the Service, and that uploading and displaying the Advertisements will not infringe upon any other party's rights or your contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Advertisement for any reason, or for no reason at all, with or without notice.
Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your Advertisements or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
All campaigns are subject to our approval. We will not accept any campaigns, Advertisements or Your Properties for inclusion in the Service unless you have our explicit approval and your content and activities comply with these Terms and other restrictions that we may promulgate from time to time. If you have any questions about whether your campaigns, Advertisements or Your Properties comply with these Terms, you may contact your account manager.
You, Your Properties and Advertisements must satisfy all of the following conditions, as well as the other terms, conditions and restrictions contained in these Terms, and any other terms, conditions and restrictions as determined in our sole discretion (including any additional restrictions set forth in the administrative panel on the Service), in order to qualify for participation and continued inclusion in the Service (the "Participation Conditions"):
a) You must have the necessary ownership, licenses, permissions, rights or consents to submit Your Properties and Advertisements for inclusion in the Service and to use Your Properties and Advertisements in the Service.
b) You must own or have the necessary licenses, permissions, rights or consents to use all trademarks, copyrights, trade secrets or other proprietary rights in and to the content (including its domain name) on Your Properties and Advertisements.
c) You may not cheat, defraud or mislead us, or attempt to cheat, defraud or mislead the Service, in any manner.
d) You shall not engage in any activities that may be harmful to our image, goodwill or reputation (whether certain activities meet this definition is in our sole discretion).
e) Your Properties and Advertisements may not contain any kind of erotic or pornnographic materials.
f) Your Properties and Advertisements may not contain any obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate content as decided by us in our sole discretion.
g) Your Properties and Advertisements may not depict illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
h) Your Properties and Advertisements may not contain material that impersonates any person or entity or otherwise misrepresents you or Your Website's users in any way.
i) Your Properties and Advertisements must not contain software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
j) Your Properties and Advertisements may not contain Active-X elements or similar technology.
k) Your Properties and Advertisements may not contain or advertise "malware sponsors."
l) Your Websites and Advertisements may not phish for information, mislead users, or include any content which forces users to take any action (e.g., warnings, locking notifications, etc.).
m) Your Properties and Advertisements may not contain or advertise torrents, "warez" or similar content.
n) Your Properties and Advertisements may not contain or advertise stolen scripts.
o) Your Properties and Advertisements may not promote or incentivize online activity to surf websites, click on ads or engage in any activity that artificially enhances website, advertiser or other metrics.
p) Your Properties and Advertisements may not promote the production of fake documents, the copying of materials or paper mills.
q) Your Properties and Advertisements may not promote drugs or any related paraphernalia.
r) Your Properties and Advertisements may not promote content that is targeted to anyone under the age of eighteen (18) years.
s) Your Properties and Advertisements may not be under construction or incomplete.
t) Your Properties must have substantial real content and not simply be "blind links."
u) Your Properties and Advertisements may not use any third party trademarks without appropriate authorization and may not create a likelihood of confusion for consumers or dilute any third party trademarks.
v) Your Properties and Advertisements may not attempt to profit from human tragedy or suffering.
x) Your Properties and Advertisements must abide by all applicable local, state, national and international laws and regulations. The generality of this provision shall not be limited by the other Participation Conditions.
y) You must voluntarily inspect and maintain written documentation sufficient to satisfy United States statute 18 U.S.C. § 2257 and other similar laws to confirm that all individuals on Your Properties and Advertisements are over the age of (18) years, even if you are not subject to the jurisdiction of the United States.
z) If you are subject to EU Directive 2009/58/EC (the "EU Cookie Law"), you must provide clear and comprehensive information about the purposes of, storage of and access to cookies and related technologies used by Your Properties and Advertisements, including those technologies employed by the Service in conjunction with Your Properties and Advertisements, and receive the proper consent as required by the EU Cookie Law.
aa) Your Properties and Advertisements may not constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party (including the infringement of anyone's intellectual property rights), or otherwise create liability or violate any local, state, national or international law.
bb) You may not send, transfer or otherwise initiate e-mails or other communications in violation of "spam" laws, including, for example, the Can-Spam Act of 2003.
cc) You may not use the Service in any way that may expose us to liability, whether criminal, civil or otherwise.
dd) You may not use the service as a means of exchanging currencies.
ee) You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
ff) Your Property may not be hosted on a free web host, with the exception of free blog hosts.
gg) You may not use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Service.
hh) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit to or from the Service.
ii) You may not disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the Content.
The Transaction Supplements:
jj) If you use the Service as an advertiser, You and Your Properties and Advertisements must comply with all the conditions contained in the Advertiser's Supplement, including its additional Participation Conditions.
kk) If you use the Service as a publisher, You and Your Properties and Advertisements must comply with all the conditions contained in the Publisher's Supplement, including its additional Participation Conditions.
You agree and acknowledge that we may use both manual and automated methods to ensure your compliance with the Participation Conditions. We retain the sole right, in our reasonable discretion, to determine whether you have complied with the Participation Conditions.
We reserve the right to take appropriate action against you for any breach or suspected breach of the Participation Conditions or other unauthorized use of the Service, including civil, criminal and injunctive redress in addition to termination of your grant of use of the Service. Any use of our computer systems not authorized by these Terms is a violation of these Terms and certain domestic, foreign and international laws.
Nothing contained in this Section, or any other part of these Terms, shall constitute legal or professional advice regarding any matter referenced herein. You are solely responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
You understand and acknowledge that, when using the Service, you may be exposed to Content from a variety of sources including content made available on the Service by other users, content made available by automated means, or by links to other websites on the internet, including other websites participating in the Service and advertisements of other users using the Service (collectively, "Third Party Content") and that we do not control and are not responsible for any Third Party Content. We assume no responsibility for the content, privacy policies or practices of the Third Party Content and their owners and operators. In accordance with Sections 14 and 15 herein, we also make no representation and warranty as to the accuracy, completeness or authenticity of information of the Third Party Content and we shall not be liable for any and all liability arising from your use of any Third Party Content.
We claim no ownership or control over Third Party Content. Third parties retain all rights, responsibilities and liabilities to Third Party Content and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such Content, have no obligation to modify or remove any such Content (including Advertisements and Third Party Content), and assume no responsibility for the conduct of the users submitting any such Content (including Advertisements and Third Party Content).
Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content on the Website is provided to you "AS-IS" for your use only as contemplated by these Terms and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may in our sole discretion refuse to publish, remove or block access to any Content for any reason, or for no reason at all, with or without notice.
You agree to immediately notify us of any of the following:
a) Each website, service, property or other location where you will implement or use the Service, whether that is the location that you will be publishing advertisements or whether that is the location that your advertisements are advertising.
b) Whether there are any inquiries or concerns by any persons regarding any potentially illegal activities or activities in contravention of the Participation Conditions to you or in regards to Your Properties or Advertisements.
c) If you receive any inquiries, requests for information, complaints, cease and desist notifications in any way related to your use of the Service and relating to obscenity, child pornography, SPAM complaints, copyright infringement, trademark infringement, unfair or deceptive trade practices, misleading search terms, invasion of publicity or privacy, fraud (including credit card fraud), any other criminal investigation inquiry (unless you are clearly prohibited from doing so by law), any civil investigation or litigation or any civil or criminal subpoena.
d) You are solely responsible for notifying your Personal Manager about the payment information change 24 hours before the Invoice or refund is issued, or before the payment is made.
Advertiser is aware of GDPR (General Data Protection Regulation) and responsible for taking sufficient efforts according to GDPR requirements to inform his site(s) visitors on collecting personal data and liable for a further security and subsequent economic and legal fate of personal data received from Publisher via BigClick.
BigClick disclaims all liability for Advertiser's violation of GDPR of any kind.
Advertiser agrees not to disclose BigClick Confidential Information without BigClick' prior written consent. “Confidential Information” includes without limitation: (i) all Network software, technology, programming, technical specifications, materials, guidelines and documentation You learns, develops or obtains that relate to the BigClick Network; (ii) click-through rates or other statistics provided to Advertiser by BigClick; and (iii) any other information designated in writing by BigClick as “confidential” or any designation to the same effect.
We reserve the right to amend these Terms, including the Transaction Supplements, at any time by posting such amendments to the Service. The top of the Terms and the Transaction Supplements will indicate the date that amendments were last made. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
To the fullest extent of the law, you accept full responsibility for, shall indemnify us and hold us harmless for and from any damages and for and from any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that we believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise (hereinafter, collectively, a "Claim") by reason of, connected to, or arising in part or in whole out of any aspect of your use of the Service, including Your Property's inclusion in the Service, Advertisements or your breach of these Terms (including the Participation Conditions). You shall indemnify us against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney's, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such a Claim.
In the event of a Claim under this Section, we shall be permitted to select legal counsel to in relation to such a Claim. We reserve the right to participate in the proceedings of any Claim subject to indemnification from you, but we shall have no obligation to do so. You shall not settle any such Claim without our prior written consent, which we shall not unreasonably withhold.
In the event that you are involved in a dispute with any third parties, including any users of Your Properties or any other users of the Service, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
You understand and acknowledge that we will charge, on an hourly basis, for any and all time spent responding to any third-party complaints, disputes, claims or actions involving you, Your Properties and/or Advertisements. You agree to promptly pay any and all such amounts.
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Service may contain links to third-party websites which are independent of us, including Third Party Properties. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.
You expressly agree that your use of the Service is at your sole and exclusive risk. The Service is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, information accuracy, integration, interoperability and quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow the disclaimer of implied warranties, therefore, in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE, (iv) THE TERMINATION OF THE SERVICE BY US, OR (v) THE TEMPORARY OR PERMANENT SHUTDOWN OF YOUR PROPERTY OR OTHER PROPERTIES PARTICIPATING IN THE SERVICE. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED $500.
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Great Britain without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN LONDON, ENGLAND. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN LONDON, ENGLAND AND ANYWHERE ELSE WHERE PERSONAL JURISDICTION OVER YOU CAN BE FOUND.
a) Relationship of Parties. No partnership, joint venture, agency, franchise, sales representative or employment relationship is intended or created by these Terms. You have no authority to make or accept any offers or representations on our behalf. You shall not hold yourself out as our agent. You shall not take any action or make any statement that contradicts anything in this sub-section.
b) Third Party Rights. Nothing in these Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
c) Merger. These Terms (including those documents incorporated herein by reference), as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
d) Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
e) Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
f) Independent Investigation. You acknowledge that you have read these Terms, including the Transaction Supplements and any additional documentation, and agree to its terms and conditions. You acknowledge that you have independently evaluated the desirability of entering into these Terms and are not relying on any representation, guarantee, or statement other than as set forth in these Terms. You acknowledge that you have the right to review these Terms with your attorney before you enter into it and that nothing herein and no statement by us or any person associated with us has in any way prevented or inhibited you in any way from seeking such advice before agreed to these Terms.
g) Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice to or consent from you.
h) Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service. Notice is deemed to be delivered by you when it is sent by us. Except as explicitly stated otherwise, notices to us must be delivered by reputable courier to LAS Suite 1 4 Queen Street, Edinburgh, United Kingdom, EH2 1JE or by e-mail to [email protected] and will be deemed to be delivered when actually received by us.
i) Force Majeure. Neither party shall be held responsible for reasonable delay or failure in performance of any obligation pursuant to these Terms caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war or other causes beyond the affected party's reasonable control.
j) Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term "including" is illustrative and not limitative.
k) Language. If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
Last updated – 01.11.2019
We expressly and strictly limit use of the Service to adults over 18 years. We do not knowingly seek or collect any personal information or data from persons who have not attained this age.
General Browsing. You can access some parts of the Service without having an Account, in which case only your IP address, country of origin and other non-personal information about your computer or device (such as web requests, browser type, browser language, referring URL, operating system and date and time of requests) will be recorded for log file information, aggregated traffic information and in the event that there is any misappropriation of information and/or content. If you have an Account, this information will also be recorded and may be associated with your Account.
Registering an Account. Creating an Account is required for using many of the features of the Service. We require certain information about you at registration, including your login and password (which you generate), your full name, company name, e-mail address and country. Other required and optional information may be input by you as well. Your IP address is also recorded automatically whenever you access the Service and may be associated with your Account. Any other information or content you provide us on the Service will be saved and associated with your account, including information that is used for funds transfers (either to us or from us).
Usage Information. We may record information about your usage of the Service such as which products you view and purchase, the frequency and size of data transfers and other statistics. We will also keep information regarding all order and bids you place on the Service, and all metrics and measurements regarding such order, bids, advertisements, campaigns and any other of your activities on the Service. If you have registered and are logged in, we may associate that information with your Account.
Correspondence. We may keep a record of any correspondence between you and us, including Customer Service requests, e-mails and live chats.
Your Collected Information. In order to view, amend, erase, or correct your Collected Information, contact BigClick Support. All requests will be answered within one month of receipt.
General Data Usage
We may use the information you give us to provide you with certain features and to create a personalized experience on the Service. We may also use that information to operate, maintain and improve features and functionality of the Service.
We use commercially reasonable means to keep your information strictly confidential. However, your information will be shared with other parties in the following situations:
We may use your e-mail or other personal information for non-marketing or administrative purposes, including for correspondence and delivery of payments and documents. We may also use e-mail or other personal information to periodically send you marketing information about the Service, however, you may choose to stop receiving this information by notifying us.
We use your profile information to contact you about your account or about new BigClick functionality and certain BigClick news and information. You may opt-out of certain types of communications by editing your account settings.
We use Collected Information related to Personal Content when you provide consent or otherwise request us to do so, as well as when necessary to provide the services you requested.
We use Collected Information related to Third-Party Content to allow us and our partners to personalize marketing, advertising, and other content delivered or offered to you. For example, we may use or share Collected Information related to Third-Party Content that is necessary to serve advertisements, including the source of the content, full information about the content including title, device identifiers, timing and location of your consumption, your user information, IP address, etc. We also collect metadata needed to serve all types of advertising formats including: video ads, pop ads, native ads, push notifications, banner ads.
We also use and share payment information with our payment processor partner in order to process your payment for any services you order.
Please note that, as with any other content placed on the Internet, any content on Your Properties which you use in relation to the Service may be viewed by other users of the Service and other internet users and you are responsible for such content.
We will not share with third parties for their use or sell Collected Information about your Personal Local Content.
Protection of Your Information
A. In order to help keep your media secure, we partner with Internet Security Research Group (ISRG) to provide publicly trusted SSL certificates for end-to-end encrypted connections among all of our servers, Services, and client applications. For more information, please visit ISRG website.
B. We have put in place commercially reasonable physical, electronic, and organizational procedures to safeguard and secure the information we collect. For example, password information is stored on our servers and is protected using hashing and encryption technologies.
C. We do not store any of your credit card information on our servers. The data is encrypted and securely stored by an independent companies: ePayments , WebMoney, Yandex.Money, which provide payment-processing services for BigClick. Please, review their websites for more information.
Your Information and Terms of Third-Party Products and Services
BigClick may offer and you may choose to use products or services from third parties in connection with our Services that may contain links to or otherwise interface with third-party websites, products, services, or other technologies. Any such third-party technology may collect information from you or use other services or technologies that collect information from you. Any information collection by these third-party technologies is governed by the privacy practices of those third-party technologies. BigClick does not control and is not responsible for the collection of information by such third-party technologies.
We do not knowingly collect personal information from children under the age of 18. If we learn that we have collected the personal information of a child under the age of 18, we will take steps to delete the information as soon as possible.
If you use our services outside of the United States, we may transfer information from that jurisdiction to the United States, where data protection regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you use our services in the European Union we will transfer data to the United States subject to standard contractual clauses.
Controlling Your Information
You may exercise your rights to access, correct, erase, object to processing, and request data portability where applicable in the following ways:
A. Changing your profile information by accessing the My Profile page of the BigClick website.
B. Deleting your account. You may delete your account by selecting the option to delete your account in the My Profile page. We will delete your information without unreasonable delay after receiving the request except that we may retain archived copies of your information as required by law.
C. Contacting BigClick support [email protected]
BigClick retains personal information you provide to create your account for as long as you maintain an account with us. Personal information used to provide the services to you will be kept long enough to provide you with the service, including in archives and logs used to maintain and develop the service. Specifically, we delete data used for logging and error tracking after 90 days, we reset cookies on our website after 14 days. We also delete other personal data used to provide BigClick or to communicate with you within 30 days after your account is deleted. We may retain some usage statistics (including IP addresses) for as long as we have a business purpose in order to improve BigClick' services, but these statistics are no longer linked to the deleted account.
Additional Disclosures of Information
In addition to the above described disclosures, we may in our discretion release certain data to comply with legal obligations, court orders or in order to enforce our Terms and other agreements. We may also release certain data to protect the rights, property or safety of us, our users and others. This includes providing information to other companies or organizations like the police or governmental authorities or intellectual property owners for the purposes of protection against or prosecution of any illegal activity, whether or not it is identified in the Terms. You acknowledge and agree that we may release your personal information in such circumstances, and waive all rights and objections thereto.
If you have an account on the Service and have a password giving you access to certain parts of the Service, you are responsible for keeping the password confidential. Anyone else with your password may access your Account and other personal information.
While we may use commercially reasonable physical, managerial and technical safeguards to secure your information, the transmission of information via the Internet is not completely secure and we cannot ensure or warrant the security of any information or content you transmit to us. Any information or content you transmit to us is done at your own risk.
BigClick' Data Protection Officer
BigClick' Data Protection Officer can be contacted at [email protected]
You may contact us with questions and comments regarding this policy via our supp[email protected].
The terms of this Supplement shall apply to you if you engage the advertising space buying services on the Service (the "Advertiser’s Program"). By engaging in the Advertiser’s Program, you agree to be bound by this Supplement in addition to all the provisions of the Terms.
2. Participation Conditions
In addition to the Participation Conditions in the Terms, You, Your Properties and Advertisements must satisfy all of the following conditions in order to qualify for participation and continued inclusion in the Advertiser’s Program:
BigClick may at any time, in its sole discretion, immediately terminate or cancel any Ad(s). BigClick will make commercially reasonable efforts to notify you via e-mail of any such termination or cancellation within 24 hours.
You may cancel any Ads with or without cause at any time by deactivating a campaign by contacting BigClick manager or by yourself (in case of using Self-Service Platform). Campaign should be deactivated during 24 hours since the time the request had been sent.
Blacklisting and whitelisting rules.
Possible statistics discrepancy between the data at BigClick account and third party tracking system used by applicant/webmaster/publisher/advertiser up to 20% is admissible. In case of such discrepancy you have no financial and other claims to BigClick. By accepting these terms of the Supplement, Advertiser acknowledges himself as a data controller - the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data of his site(s) visitors. BigClick performs as a data processor, processing data on behalf of Publisher to Advertiser.
3. Advertisements and Measurements
We do not guarantee, represent or warrant to direct any volume or quality of traffic to Your Properties or impressions of Advertisements. We will use commercially accepted methods and practices to place Advertisement in accordance with your campaign specifications and publisher availability. However, we do not represent or warrant that the placement of Advertisements will result in any particular actions or transactions (including impressions, sales or sign-ups). We will use our own commercially accepted methods and practices to measure the placement of your Advertisements under your order and, in our discretion, the amount of impressions resulting from Advertisements. We are under no obligation to use any other methods or practices (including client-side software, third party counters or trade scripts) to measure the placement of Advertisements or the amount and quality of impressions resulting from Advertisements. All measurements provided by us are final. If you dispute any measure provided by us, your sole remedy is to cancel your order, request a refund and cease using the Service.
We will take commercially reasonable steps to provide you with online access to reports that track and review metrics relating to your campaigns. Such reports will be available to you on the Service. Such reports will be updated on a regular basis but we do not represent or warrant that they will always be in "real-time". We reserve the right to recalculate metrics based on a number of factors, including the discovery of fraudulent activity or technical errors. The form, content and frequency of updates of such reports are subject to change at our discretion.
When you create a campaign, we will use our Service to help fulfill that campaign using commercially reasonable efforts. However, you understand and agree that the exact fulfillment of your campaign may not be technically or commercially feasible or possible. Fulfillment of your campaign depends on many factors, including the targets and requirements set by you in your campaign and publishers who are willing and amble to participate in your campaign. However, you understand and agree that you are responsible for paying any and all fees that correlate to any portion of your campaign that is actually fulfilled or for the costs of your advertisements being published.
In the event of non-compliance of BigClick Terms and Conditions (e.g. sending BigClick' traffic to malicious websites, redirecting BigClick' traffic to the sites unapproved by BigClick manager, running forbidden types of offers at BigClick Network (parent window opener, paypercall, techsupport, advertising with sound, js exits, auto-downloads, malware, viruses, FBI warning, lockers and fake viruses alerts), your account is to be banned without a chance of refunding the rest of assets on your account in BigClick.
4. Creating an Advertising Campaign
In order to create an advertisement campaign, you must create an advertisements campaign through the administrative panel on the Service and provide all of the requested information. We reserve the right to approve or deny your campaign for any or no reason at any time.
Payment for your advertising campaign may be processed by any of the methods available in your Personal Account on the Service that you may choose. The cost of your campaign will be based on the particulars of your campaign and you will be charged for your campaign throughout the duration of your campaign as it is fulfilled. Costs are subject to change and may vary based on various conditions, including special and limited promotional offers, changing markets and the availability and desiarability of publishers. Posted costs exclude taxes.
You can add funds to your account using various payment services available in your BigClick account. BigClick reserves the right to reject a financial operation or change the list of available payment options.
In case of working on CPM, CPC or RTB basis you acknowledge that the payment obligation hereunder is based solely on the number of clicks/views and not on your ability to convert clicks/views to sales or any other criteria. Above mentioned is not applicable for advertiser working on CPA, CPI or CPL.
You are solely responsible for keeping the payment information current.
All accounts are set to be on prepaid basis by default. While being on prepay you must complete the payment in full before receiving any services at BigClick. You shall pay all charges in U.S. Dollars or in Euro, according to the Invoice currency and the chosen payment method which was selected by you at your BigClick account. The Invoice is automatically generated by the system based on the payment information you have provided in your account upon registration. The invoice is generated either by Personal Manager or by Advertiser himself on the «Баланс» page of BigClick account. Advertiser chooses payment method available, sets the required amount to be paid, and clicks «Оплатить» then follows the instructions of the payment system. After making a payment in the payment system, within an hour the money goes to the account of the advertiser BigClick and the corresponding entry with the payment data appears on the page «Баланс». Minimum required deposit to join the system is $50. The Invoice must be paid within 15 calendar days after it is issued.
Advertisers account is charged according to the traffic counted by 1000 views (per Mile) and preset campaign measurements and rates approved by personal manager.
Advertisers account is charged according to the traffic ability to convert clicks/views to sales or any other criteria based on the action provided by CPA, CPI, CPL methods chosen by the Advertiser as well as preset campaign measurements and rates approved by personal manager.
The option of postpay is available only per individual agreement between BigClick and Advertiser in certain circumstances and discussed with BigClick manager prior to beginning the use of the services. The payment in this case should be made between NET15 to NET90 stated in the Invoice. If the post payment term is not discussed or stated in the Invoice, it is set to be at NET30 by default. A set credit limit is discussed and provided to each Advertiser individually. The credited sum is displayed in red in BigClick account of each Advertiser. Invoice is generated based on agreed NET payment of the debt and provided by your Personal Manager in your BigClick account on the FUNDS page, via Skype/email OR can be also generated by the Advertiser.
Advertiser is billed according to the traffic ability to convert clicks/views to sales or any other criteria based on the action provided by CPA, CPI, CPL methods chosen by the Advertiser and rates approved by personal manager.
Advertiser is billed according to the traffic counted by 1000 views (per Mile) as well as agreed rates.
All credited sums should be paid according to the payment terms which are set individually with each Advertiser. If the Invoice is not paid after the due date (or after the defined NET period), the service has the right to recover owed amount through legal authorities as it is stated in clause 16 of the Terms and Conditions.
Nothing in these Terms and Conditions may obligate BigClick to do credit to any party. You acknowledge and agree that any credit card and related billing and payment information provided to BigClick may be shared with companies who work on BigClick' behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to BigClick and servicing your account.
If there is no individual contract signed by Advertiser and BigClick, this supplement acts as a silent contract by default.
European Union based companies must provide their VAT number. Should these companies have a VAT number, the 20% of the sum will be deducted from every deposit.
In certain cases we reserve the right to invoice or charge you for any amounts after the fulfillment of all or part of your campaign where the funds are not present in your account. In such cases you must promptly pay in accordance with the terms of the invoice or charge. All unpaid amounts are subject to 18% interest per annum.
All the fees charged by third party institutions and payment services providers are in your zone of liability.
5. Fraudulent Payments
You agree not to report as fraudulent, lost or stolen any charge or form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any transaction for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision the Terms (including the Transaction Supplements).
You must promptly inform us of any changes in the following: (a) the expiration date of any method of payment, (b) changes in home or billing addresses, and (c) apparent breaches of security, including the loss, theft or unauthorized disclosure or use of your payment method, ID or password. If there is any such breach of security, you agree that you shall be liable for any unauthorized use of the Service resulting from such breach. Upon your request, you will be given access to billing records that support charges resulting from your use of the Service.
You agree to go through all the steps of verification process set by BigClick to get a permit on credit card payments. You warrant and represent that all payment information provided to BigClick will be accurate and complete, and up to date. In case of LOST OR STOLEN CARD/FRAUDULENT USE OF CARD you must promptly inform BigClick. If there is a chargeback for any reason, BigClick reserves the right, in its sole discretion, with or without notice, to either suspend or terminate your account with BigClick platform. Nothing stated herein shall limit rights granted to a cardholder by Visa, MasterCard and/or its issuing bank.
If you won't be satisfied with the traffic provided by BigClick, BigClick guarantees to refund the rest of assets on your account in system with a penalty of 10% of the remaining assets. You make no claim as to refund of the assets spent during the advertisement campaign. In case you’d like to receive a refund of assets already spent because of any traffic quality complaints, you have to provide BigClick with a clear evidence of low traffic quality received for requested period (detailed logs, user agents etc.)
Within three (3) months of payment by you, we may, upon your request and in our discretion, issue a refund to you for funds remaining in your account that are not subject to an outstanding amount on any campaign, less any costs in issuing and processing the refund as long as you have remained in compliance with the Terms, including the Transaction Supplements. You will not be refunded for any taxes paid by you. We will only issue your refund in the same method of payment through with the order was made (subject to that payment method’s processing fees). We will only issue your refund if the refund amount is greater than US $50. You will not receive any refunds for amounts gained from bonus-codes, promotional codes or any other funds for which you did not make direct payment. Refunds shall be further subject to the terms and conditions regarding payouts found in the Seller’s Supplement.
First test deposit is non refundable. Except cases when it wasn’t used at all. Bonuses from promotions can’t be subject of refund as well.
If funds remain unclaimed in your Account for more than three (3) months after your last payment to us, you are entitled to a refund and a processing fee of 10% will be deducted from such refund.
If you are deemed to have breached the Terms, you are not entitled to any refunds.
The service doesn’t proceed money back operations in cases when user breached network’s rules, terms and conditions.
The refund request will be processed within 5 business days from the date the request was received.
Please contact your personal manager for more information.
YOU WILL NOT BE REFUNDED FOR ANY FUNDS ADDED TO YOUR ACCOUNT THAT YOU DID NOT PAY FOR. THIS INCLUDES ANY FUNDS FROM TESTS, BONUSES OR SPECIAL PROMOTIONS.
The terms of this Supplement shall apply to you if you engage the advertising space selling services on the Service (the "Publisher's Program"). By engaging in the Publisher's Program, you agree to be bound by this Supplement in addition to all the provisions of the Terms.
2. Participation Conditions
In addition to the Participation Conditions in the Terms, You and Your Properties must satisfy all of the following conditions in order to qualify for participation and continued inclusion in the Publisher's Program:
You agree that you will not use the advertisements or the advertiser's proprietary marks in any manner that disparages the advertiser or its products or services, or portrays the advertiser or its products or services in a false, competitively adverse or poor light. You will not serve advertisements in any manner that may cause confusion or mistake.
You will comply with our and the advertiser's reasonable requests as to the use of advertisements and the advertiser's proprietary marks and will avoid any action that diminishes the value of such marks.
Any unauthorized use of any party's marks (including our marks or an advertiser's marks) is strictly prohibited.
You acknowledge that we may in our sole discretion cease your service of advertisements if we determine that the quality of your impressions is insufficient or fraudulent for any reason (including, without limitation, technical reasons and for violation of the Participation Conditions).
3. Measuring Impressions
We will use our own commercially accepted methods and practices to measure impressions of advertisements you serve and the amount and quality of the impressions. We are under no obligation to use any other methods or practices (including client-side software, third party counters or trade scripts) to make these measurements. All measurements provided by us are final. If you dispute any measurement provided by us, your sole remedy is to cease selling advertising space through the Service and submit a payout request.
You acknowledge and agree that we will not attribute to you impressions which we cannot with reasonable certainty determine that you sent. Examples of such situations include when you fail to properly use a Publishing Method (defined below) or when a user's browser settings prohibit our ability to properly measure or track impressions.
We will take commercially reasonable steps to provide you with online access to reports that track and review measurements related to your use of the Service. Such reports will be available to you on the Service. Such reports will be updated on a regular basis but we do not represent or warrant that they will always be in "real-time." We reserve the right to recalculate impressions based on a number of factors, including the discovery of fraud or technical errors. The form, content and frequency of updates of such reports are subject to change at our discretion.
If you and Your Property have been accepted into Publisher's Program, you may begin publishing advertisements from the Service on Your Properties by using one or more of the publication technologies and methods made available and described on the Service. You acknowledge and understand that we are under no obligation to count impressions you serve or publications you make if you fail to properly use the publication technologies and methods made available and described on the Service. You acknowledge and agree that it is your sole responsibility to appropriately implement said technologies and methods of publication.
You will accumulate payments to your Account based on various factors related to the publication of advertisements on Your Properties ("Payments"). The amounts of Payments will be based on our measurements and the factors set forth on the Service, as they may be updated and modified from time to time in our discretion. Rates are subject to change and may vary due to various reasons, including special and limited promotional offers and market factors. Your Payments will accrue to your Account regularly, but not necessarily in real-time.
In addition to scheduled payouts, which we will make in accordance with our policies, which may change from time to time in our discretion, you may submit a payout request of your Payments as long as your Payments total at least $10 US (the "Payment Floor," which may change from time to time in our discretion). We will take commercially reasonable means to process your payout request within a commercially reasonable time and in accordance with our procedures as they may be amended from time to time.
If you have not earned or accrued any Payment totaling an amount above the Payment Floor in any six month period, or if your use of the Service is terminated, we may charge you a maintenance fee in an amount up to the Payment Floor for every six month period. The maintenance fee may be deducted and offset against any unpaid Payments.
We may, in our sole discretion, refuse to process a payout request or place a payment hold on any part of all of your Payments for any reason, including if we have a reasonable suspicion that you have breached the Terms, including any of the Participation Conditions. You may dispute a payment hold by notifying us.
If a Payment is paid to you and we subsequently determine that some or all of the impressions you sent the Service to earn that Payment was sent in breach of the Terms, including any of the Participation Conditions, we may set-off the amount of the Payment accrued in breach, plus any related fees, from any Payments remaining in your Account and/or subsequent Payments earned. If there are no remaining Payments in your Account or no subsequent Payments earned, we shall send you an invoice for the set-off amount and you shall pay such invoice no later than thirty (30) after the invoice date.
Upon creation of your Account or prior to processing of a payout, we may require you to complete certain tax documents. We may withhold all Payments accrued to your Account until such time as you submit these documents to us. If you fail to submit these documents to us within sixty (60) days of receipt of these documents, we may suspend your Account until such time as you submit the documents; alternatively, we may terminate your use of the Service and any Payments you have accrued will be forfeited.
We assume no responsibility for paying any taxes, banking commissions or currency fees on your behalf. You agree and acknowledge that you assume complete and sole responsibility for any taxes, banking commissions or currency fees owed as a consequence of your participation in the Service.
18 U.S.C. § 2257 STATEMENT
Although we are not subject to United States law, we voluntarily comply with certain legal safe guards. For the purposes of 18 U.S.C. § 2257, we are not a producer (primary or secondary) of any content found on or through our service. For § 2257 records for any content found on or through our service, please direct your request to the site or user which produced the content.
Our service allows for third parties to upload and share their own content, but we do not create the content ourselves. So while we strive for accurate compliance, we may not be 100% accurate. Any content that we are notified of as being inappropriate, illegal, unlawful, harassing, offensive or otherwise objectionable may be removed by us, therefore we ask users to flag any such content by notifying us.
We undertake the following procedures in order to ensure compliance with § 2257: (1) we require that all users, both those only accessing the website and those uploading content, be at least 18 years of age or the age of majority in their jurisdiction; and (2) we require that all users uploading content onto the service represent and warrant that they have complied with § 2257, including by ensuring that all persons appearing in the content are over the age of 18, that they have consented to the use of their likeness and that the user uploading the work is keeping records in compliance with § 2257.