Please review these terms and conditions of service carefully before using Pop2Ads.com and the services thereon.
This document states the terms and conditions (these “Terms”) upon which Pop2Ads., a company organised in Great Britain (“we,” “us” or “our”), you may use our services including through and in relation to the Pop2Ads.com 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.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. To provide Services to Advertiser in accordance with the Contract concluded on the terms of the Offer.
2. To provide Services to Advertiser (representative of the Advertiser) in accordance with the Contract to ensure access to statistics of Pop2Ads system through web client interface using login and password of Advertiser.
Herewith Pop2Ads is not responsible for impossibility to check statistics data by Advertiser, for reasons beyond Pop2Ads control.
3. To ensure Advertiser (representative of the Advertiser) confidentiality and his/her Advertising campaigns, including access to Advertising campaign only with usage of login and password of Advertiser.
4. Do not transfer his/her ownership due to Contract to any third Party. Pop2Ads has the right:
5. Temporarily suspend Services as per the Contract to Advertiser due to technical, technological and other reasons, which hinder to provide Services until these reasons will be fixed.
6. Suspend Services as per the Contract and/or early terminate the Contract unilaterally and extrajudicially by notification of Advertiser in case of breach of Contract obligations and/or guarantees by Advertiser.
1. Parties bear the responsibility for violation of covenants according to the Contract and/or current legislation of the Russian Federation.
2. Pop2Ads under no circumstances bears no responsibility as per the Contract for:
a) Any actions/omissions, which are direct or indirect result of actions/omissions of Advertiser and/or third Parties;
b) Any indirect losses/damages and/or loss of profit of Advertiser and/or third Parties regardless of fact that Pop2Ads could forecast possibility of such losses/damages or not;
c) Use (impossibility of use) of chosen payment method for Services as per the Contract or no matter which consequences of use (impossibility of use) of chosen payment method for Services as per the Contract by Advertiser. As well as use/use impossibility of any funds and/or methods of information transmission/acquisition by Advertiser and/or third Parties.
3. Aggregated extent of responsibility of Pop2Ads as per the Contract, including amount of penalties (fines, forfeits) and/or qualifying losses per each claim or complaint with respect to the Contract or Contract execution limited to 10% of Contract Services cost.
4. The Parties relieved of responsibility for partial or complete nonfulfillment of their liabilities under the present Contract if this nonfulfillment was caused by superior force circumstances occurred after conclusion of the Contract. Or if non-execution of liabilities of Parties under the Contract is due to extraordinary events, which Parties could neither foresee nor prevent by reasonable measures. Superior force circumstances are the events which the Parties cannot control and do not bear responsibility, including: war, insurrection, strike, earthquake, flood, other natural disasters, fire, and power failure, occurred at no fault of Parties. Actions and acts of government bodies taken after Contract conclusion making impossible to fulfil obligations, established by the Contract and other unforeseen consequences and events or phenomena beyond Parties control included but not limited to.
5. Advertiser fully liable for: a) compliance with all legislation requirements, including advertising legislation, intellectual property legislation, competition law including, but not limited to. As well as content and format of Advertising materials, including URL (link), which installed by Advertiser for visitors direction, targeting selection, use of site (domain name of site) with URL (link) and other actions, taken as advertiser and/or advertising agent; b) information credibility indicated during registration on site of Pop2Ads.com as User, and credibility of guarantees and assurances of Advertiser, specified in Section 11 of the Offer.
6. Taking into consideration conditions of Section of the Offer, Advertiser liable to resolve disputes and adjust the claims of third Parties concerning advertising (Advertising campaigns, Advertising data) by own means and at his/her own expenses. As well as Advertiser liable to resolve disputes and adjust the claims of third Parties regarding ads distribution under the Contract, or pay the damages (including legal costs), caused to Pop2Ads because of disputes and claims based on Advertising distribution by Advertiser under the Contract. If content, format and/or ads distribution of Advertiser under the Contract caused prescription to Pop2Ads for penalties payment from government authorities, Advertiser liable immediately to provide all required information concerning advertising distribution and content per Pop2Ads request. Advertiser liable to contribute to Pop2Ads in prescriptions settlement and recoup for all damages (including expenses for penalties payment) caused to Pop2Ads because of prescription claims due to Advertising distribution by Advertiser.
7. In case of Contract conditions violation by Advertiser, Pop2Ads has the right to suspend Services until Advertiser will fully eliminate the committed violations and fully reimburse (compensate) caused losses and damages to Pop2Ads. Pop2Ads has the right to terminate the Contract with appropriate notification by email to Advertiser email address, indicated while creating Advertising campaign. By Contract termination under specified basis, Pop2Ads has the right by withholding to impose a penalty to Advertiser with amounts of forfeits and damages in accordance with Contract.
8. Advertiser(s) represents and warrants to Pop2Ads that none of the advertising provided contains:
Any material that consists of paraphilia or scatological activities;
Any material that contain children or minors in adult or sexual situations;
Any material that offers illegal products or services;
Promotion of incentives for online activity to surf websites, click on ads, or any activity that artificially enhances website or advertiser metrics;
Promotion of violence, racial intolerance, or advocacy against any individual, group, or organization;
Promotion of fake documents, copied material, or paper mills;
Any unauthorised use of third party trademarks that either creates a likelihood of confusion that consumers will believe the products or services originated from the trademark owner, or is likely to dilute the value of a known trademark;
Promotion of drugs or any related paraphernalia;
Sales or offers of certain weapons, alcohol, tobacco or any related paraphernalia. Advertisements for electronic cigarettes are permitted but cannot contain tobacco;
Promotion or any attempt to profit from human tragedy or suffering;
Promotion of illegal activities that infringes on the rights of others, including intellectual property rights;
Promotion of gambling or online betting that allows U.S. registrations. Any gaming advertisement must be pre-approved, meet a minimum monthly budget requirement, and block U.S. registrations using geo-location and other advanced risk controls. Removing U.S. from the registration field is not considered sufficient. If you would like to advertise a gaming service, please contact us and detail your services process for blocking U.S. registrations, and provide the expected monthly budget and planned geo-targeting;
Promotion of gambling websites where applicable regulations forbid such promotions. Any Advertiser wishing to promote gambling website hereby warrants that he is legally entitled to promote such gambling sites and that he is fully entitled, pursuant to any applicable regulations, to do so through Pop2Ads Network and in the particular countries he wishes to advertise. Advertiser also warrants that Pop2Ads will incur in no liabilities in allowing Advertiser to promote the gambling websites. . Advertiser declares that he is in compliance and aware that certain jurisdictions forbid the promotion of gambling websites and require that gambling operators hold a license valid in such jurisdiction prior to allowing users connected from IP addresses belonging to such jurisdictions. Pre-approval received from Pop2Ads shall not be construed as Pop2Ads having checked Advertiser's compliance with the present clause and will not affect Advertiser's liability pursuant to its failure to comply with the representations and warranties set forth herein. Furthermore, Advertiser undertakes to ensure compliance with the present clause at all times.
Any content that targets to children of age 18 and younger; and
Any material that does not respect particular advertising rules added in the Administration Panel for specific Publisher's Website(s).
Advertiser will indemnify and hold Pop2Ads harmless of any liabilities, losses or damages of any nature which are directly or indirectly derived from Advertiser's infringements of this Agreement.
You are entitled to request for a refund in the following cases:
1. Incorrect payment transaction.
2. You have spent for Pop2Ads services less than you have prepaid. In such a case you are entitled to ask for a refund within 30 days after the termination of the Contract. Before refunding, Pop2Ads will have to finalize all not invoiced spending and make necessary adjustments where needed. After finalising all current statistics, your unused balance will be refunded to you at your request, minus an administrative fee of 25% to cover Pop2Ads's costs and fees related with the management of giving a refund, within 30 working days. YOUR REFUND WILL BE CREDITED BACK TO THE SAME PAYMENT METHOD AND SAME PAYMENT ACCOUNT THAT YOU USED TO MAKE YOUR LAST PAYMENT. You may be required to provide additional information or documentation in order for Pop2Ads to confirm your identity, before any refund request is processed.
3. Actions forming the basis of the pricing model of your Campaign are based on a Publisher's fraudulent activities (i.e. the artificial increase of actions). In order to detect and prove Publisher's fraudulent activities you undertake to send to Pop2Ads Network a weekly detailed report of sources/websites you consider to be fraudulent. In case the Publisher's fraudulent activities cannot be clearly identified based on your report, Pop2Ads Network is entitled to request additional proof from you. If you fail to submit a weekly report or additional proof regarding the Publisher's fraudulent activities, Pop2Ads may refuse to give a refund and adjust your balance accordingly. In case you are using post-payment method and you are able to prove Publisher's fraudulent activities pursuant to this clause, Pop2Ads will not invoice you for the agreed actions based on Publisher's fraudulent activities.
PLEASE BE AWARE THAT IF YOUR CONTRACT WITH Pop2Ads NETWORK IS TERMINATED DUE TO THE VIOLATION OF TERMS & CONDITIONS BY YOU (E.G. DUE TO YOUR FRAUDULENT ACTIVITY), Pop2Ads NETWORK IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF YOUR UNUSED BALANCE AND THEREFORE.