Terms and Conditions of Service

 

Latest Revision March 6th 2016

 

By using our Services, you are agreeing to these terms. Please read them carefully. This Terms of Service ("Agreement") is a legally binding contract between adBidtise ("adBidtise.com"; “we”, or “us”) and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner of the Service provided by us to you, (collectively, the "Service(s). By purchasing a Service, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement. If you do not accept these Terms and Conditions you must immediately stop using the Website. This Agreement applies to anyone including all visitors, users, and others who access the adBidtise Services (“Users”).

 

Overview

The service ("Service") by adBidtise was created to address a serious need for media companies to fill unsold inventory at a discount rate rather than give it away to businesses that either get too much of it (free advertising) or buy it at a cost-per-leadgenerated platform (running lots of bonus spots for very little dollars). AdBidtise will, by design, offset the weakest links in your salesforce by generating new business that might normally be neglected by your sales team due to a lack of interest in calling on small businesses or a lack of manpower to cover every business in your market.

 

1. GENERAL TERMS

This General Terms of Service may be updated by adbidtise from time to time without notice to you. By continuing to use the website after any changes are published on the website, or ordering products through the website, you agree to be bound by those changes. The Company provides its Service to the User under these General Terms

 

a) User represents and acknowledges that they have read the Terms, and agree to honor these Terms, and that the information the User provides the Company is accurate, complete, and is within the User’s right to use.

 

b) If User is entering into these Terms on behalf of a Company or another legal entity, User represent that User have the authority to bind such entity and its affiliates to these Terms, in which case the terms “User,” shall refer to such entity and its affiliates.

 

c) These Terms constitute a binding contract between User and the Company, and User acknowledges that these Terms govern the User’s use of the Company.

 

d) The Company may Change the Terms or remove portions of the Agreement at any time, User should check our Privacy from time to time for any new updates. Your use of the Service will indicate your acceptance of such changes.

 

e) In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

2. WEBSITE USE

As a prerequisite of your use of the Website, you agree that (i) you are at least eighteen years of age; (ii) you have the right and authority to enter into a legal obligation; (iii) you will abide by the terms; (iv) all information given by you is true, accurate, current and complete; and (vii) will supervise and be completely responsible for any use of your account.

 

3. OPENING YOUR ACCOUNT

The process is quite easy just open an account and then once you are accepted you can log in and search through all the available advertising packages available to you in your market. Once you decide what is the best fit for you then select the number of packages you want to purchase and add them to your cart. Once you are done shopping make your purchase and shortly after that you will receive an email to confirm your purchase and the next steps to get the ball rolling for your advertising to get up and running.

 

Once you have an account you will be notified of new packages that become available as well as Fire Sales that come in and out for a limited time. If you need assistance picking a package you can use the tutorial to guide you to suggested packages or call our toll free number 866-607-0767 and speak to an advertising guru to assist you.

 

4. PAYMENT

The Service on adbidtise qualifies a non-binding online Service. By clicking on the “Check Out” or "Checkout with PayPal" button you can place a binding order for the Service contained in your shopping cart. We accept Visa, MasterCard and Discover and most other forms of Credit Cards.

 

1. Ordering Procedure

You can select a Service and place it in the Shopping Cart without any obligation to purchase by clicking on the button "Add to Cart". In the shopping cart you can update or delete a Service any time by clicking on the button "remove" and "update" or return to website. If you wish to purchase the Service, click the button "Checkout" or "Checkout with PayPal". In the next steps you will be pleased to enter your personal and payment information. Please follow the checkout instructions. After entering your details and selecting your preferred method of payment, you can start payment by clicking on the button "Pay "and conclude the ordering procedure. You can abort the transaction at any time by closing your browser window. You will find more information, e.g. on the correction options, on the individual pages.

 

2. Order Confirmation

You will immediately receive an automatic email confirmation and acceptance of your Payment transaction from adBidtise. With this email the contract comes into effect.

 

5. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS

adBidtise owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("adBidtise Content"). adBidtise Content excludes User Generated Content.

 

adBidtise also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the adBidtise Content, the Site and Service, which are protected by applicable intellectual and proprietary rights and laws.

 

Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the adBidtise Content in whole or in part except as expressly authorized in writing by adBidtise. adBidtise does not grant any express or implied rights in adBidtise Content to Users, and all rights in and to the Site and to adBidtise’s Content are retained and reserved by adBidtise. Moreover, the term adBidtise and anything on the site that identifies or distinguishes adBidtise from other goods are services are registered or unregistered trademarks of the Company (the "adBidtise Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the adBidtise Trademarks without the Company's prior written consent.

 

6. LINKS TO THIRD-PARTY SITES

The Website may contain hyperlinks to websites operated by parties other than adBidtise. Inclusion of these hyperlinks to such websites does not imply an endorsement of such websites. Such hyperlinks are provided for your reference only. We do not control these sites as such; it is up to you to take measures to ensure that whatever links you select is free of such items as viruses, and defects and other items of a destructive nature.

 

Our Services display some content that is not adBidtise. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

 

7. WARRANTIES

a) The website and all content, server and network elements are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and The Company expressly disclaims any and all warranties, whether express or implied.

 

b) The Company does not guarantee that the Company and content are accurate; error-free; free of viruses; or any other harmful elements. As with any Company a User may enter, caution should be used in the use of any content or materials. User will be solely responsible for any damages to User’s device or computer, or other harm.

 

c) The Company excludes all liability for damages arising out of or in connection with your use of this Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer Company, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

d) The Company does not guarantee that the Company and content are accurate; error-free; free of viruses; or any other harmful elements. As with any Company a User may enter, caution should be used in the use of any content or materials. User will be solely responsible for any damages to User’s device or computer, or other harm.

 

e) The Company excludes all liability for damages arising out of or in connection with your use of this Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer Company, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

f) Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and noninfringement. To the extent permitted by law, we exclude all warranties.

 

8. LIMITED LIABILITY

WHEN PERMITTED BY LAW, ADBIDTISE, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ADBIDTISE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, ADBIDTISE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

9. INDEMNIFICATION

User will agree to be personally liable and hold harmless the Company and/or Company and Affiliates for any and all damages directly, or indirectly, resulting from unauthorized downloading or other duplication of Content. Damages can include, but not limited to, loss of profits, property, fines, penalties, and legal fees. The Company reserves the right, to assume the defense and control of any matter otherwise subject to indemnification by you

 

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify adBidtise and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

10. GOVERNING LAW and JURISDICTION

If it turns out that a particular term is not enforceable, this will not affect any other terms. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between adBidtise and you. They do not create any third party beneficiary rights. The laws of Wisconsin, will apply to any disputes arising out of or relating to these terms or the Services. Any legal action concerning these terms or this website must be brought within one year after the claim or cause of action arises and must be brought in Wisconsin.

 

11. YOUR INFORMATION

DOM, other government agencies or their contractors own and maintain the data and software access to the information contained on these sites. No content from these sites may be downloaded or otherwise exported in violation of Germany or European Union law. When you visit our website, our servers temporarily store all access information in a protocol file. The following information is stored: your IP address and which pages on adbidtise you visit, how long you stay on this page and whether you have been to this page before. Collection and storage of this data is only done for the purpose of providing our services, allow the administration and optimization of our web applications and for internal statistical purposes. The IP address is used exclusively for statistical reasons and will be further evaluated only in case of attacks on our network infrastructure.

 

The e-mail address provided will be used to send product-related information like technical updates and updates of our service. The protection of your paymentrelated information, such as credit card data is a top priority for us. For our paid services we collect, store, and only use your payment details for the purpose of payment settlement. Your personal data is required for payment and fulfilling the contract with us. Authorize.net will in this relation legally identify you. The handling of the entire payment process is therefore carried through Authorize.net a certified payment provider that has best security systems and forwards us only the result of the transaction. While the transaction via authorize.net we do not receive any account information from you. We are only aware of the success of the payment transaction to allow further processing. Your full name, address and institutional or company address will be stored in our database. It will not be transmitted to third parties. Your e-mail address is not shared with other organizations for commercial or any other purposes. We will never sell or rent your email address for any reason. Generally, your personal data will not be transmitted to any third party except there is a legal obligation to do so, or a transmission of your personal data is necessary for making legal claims arising from your contract with us.

 

You have the right of access to personal data as well as the right to correct incorrect data and the right of access restriction and deletion of your personal data. To obtain further information about your personal data, for corrections of incorrect data and for access restriction or deletion of your data, or if you have any questions about the use of your personal data.

 

12. CONTACT INFORMATION

The Services are provided by adBidtise contact 866-607-0767 or via email: info@adbidtise.com Milwaukee, WI 53202, USA. You can delete all your data and your user profile any time by contacting us via our e-Mail address stated above.

 

13. PRIVACY AND COPYRIGHT PROTECTION

adBidtise Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that our company can use such data in accordance with our privacy policies.

 

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the, Germany Copyright Act, EU Laws, and U.S. Digital Millennium Copyright Act.

 

The reproduction, processing, distribution and any kind of exploitation outside of the bounds of copyright law require written agreement from the respective author or creator. Should the contents on this site have not been created by the operator, the copyright of third parties must be observed. In particular, content provided by third parties is identified as such. Nevertheless, if you should become aware of an infringement of copyright law, please inform us. If we become aware of infringements, we will remove the offending content immediately.

 

This Privacy Policy outlines the information collected on adbidtise and how that information is used. For information about our service see Your Content in Our Services. By using our website, you consent to our privacy policy. Your personal data are processed by us only in accordance with the provisions of Wisconsin data privacy laws. Wisconsin the following provisions describe the type, scope and purpose of collecting, processing and utilizing personal data. This data privacy policy applies to all our web pages. If links on our pages route you to other pages, please inquire there about how your data are handled in such cases. adBidtise does not take insight into the content of any data or files that you enter, upload, download, administrate or handle in any other way. Exceptions will be made only with your explicit consent or after your explicit request, or after you explicitly granted access to your content by publication our services, like our automated systems that analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

 

If you have an Account, we may display your Profile Information in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Account.

 

14. CANCELLATION

Should you cancel this contract, the media company you purchased the package from shall be obliged to offer you a credit balance for all payments received from you, without delay and at the latest with fourteen days of receiving notice of your cancellation of the contract. The credit balance shall be applied by offering you a credit for the original transaction, unless a different means of credit has been expressly agreed with you; on no account will you be charged any fees in connection with this credit balance.

 

Answers to Questions you may have about adBidtise:

Call toll free 1-866-607-0767 between 8 a.m. – 5 p.m. (CST)