Terms of Use
Adpulse Media (“APM”) provides the website and services located at https://www.adpulsemedia.com (the “website” or the “service”) subject to your compliance with these Terms of Use. This document is a legal agreement (the “Agreement”) between you and APM. By accessing or using the APM website or services you agree to comply with and be bound by the following Terms of Use.
Services
APM provides access to online services, including without limitation, online advertising services, and the ability to promote a business, products, or services by placing advertising (“Advertising” or “Ad Campaigns”) through the APM service.
APM helps advertisers create, purchase and place advertising on various third party Internet websites.
By using the service, you and APM are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created.
All ad campaigns placed through the service are subject to and governed by the APM
Advertising Guidelines which are herein incorporated by this reference.
Grant of License
By using the service, you represent and warrant that you are at least 18 years of age or, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to agree to and be bound to these Terms of Use.
APM grants you a limited, non-exclusive, non-transferable license to access and use the materials contained within this website only for your personal non-commercial use subject to the provisions of this Agreement. Any other use of this material by you or any person, business, corporation or any other entity is strictly forbidden and is a violation of this Agreement.
Submitting Ad Content
You are solely responsible for the content of all ads created or provided by you using the service. APM is not liable for any loss or damage that your ads may cause to you or others. You represent and warrant that you have all rights and permissions necessary to post your ads using the APM service.
You represent and warrant that all information you submit is accurate and that any material you submit does not violate these Terms of Use; that it will not cause injury to any person or entity, and that it does not violate any third party’s proprietary, statutory, or common law rights.
You warrant that any website linked to or from your advertising campaigns complies with all applicable laws and regulations; does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
Ad Quality Review
All ads must be approved prior to displaying the ad. To increase the likelihood that your ad will be approved, you should ensure that your ad complies with all of the applicable submission requirements including the APM
Advertising Guidelines.
APM reserves the right to reject or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our clients, affiliates, suppliers or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
Ad Creative License
APM needs the right to use your ads to the extent necessary to provide you with the service, and to request that your ads be served to various networks or websites. For this purpose, you hereby grant a license to do so.
By using the service, you grant to APM, its affiliates, subsidiaries and suppliers, a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, and translate such ads, solely in the manner and for the purposes for which the service is used from time to time; and the right to use your name, logo and ads on the APM website and in its promotional materials.
Results
With respect to the APM service, and to the fullest extent permitted by law, APM disclaims all guarantees regarding ad positioning, quality or timing of ad impressions, click-through rates, quantity or delivery of ad impressions, any user actions related to your ads, conversions, sales, accuracy of data and the placement of ads. Placement of your ads on any specific website is not guaranteed. APM makes no representations as to the potential performance of your advertising campaigns, or any other anticipated benefits related to your access of the service, or that the service is suitable for your intended purpose.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service without the express written consent of APM.
Refund Policy
APM may in its sole discretion provide refunds. Because APM incurs the expense of creative design and/or purchase of advertising space for your ads, all refund requests must be made within twenty four (24) hours of purchase. Refunds can only be made to the original payment source. Nothing herein grants an obligation by APM to grant a refund when requested beyond twenty four (24) hours of purchase.
Recurring Payments
Advertisements may be purchased through the APM service as subscriptions, with each subscription period renewing every 30 days until cancelled. Each payment, other than the initial payment for the first 30 day period, is a “recurring payment.” To cancel a subscription, you must do so at least 24 hours prior to the date that it is scheduled to automatically renew and re-bill.
Limitation of Liability
Under no circumstances will apm, its officers, representatives or employees be responsible for any loss, damage, claim, liability, inconvenience, or other consequences resulting from or alleged to be caused by the use of the apm website or service, including, without limitation, any errors, ommisions, interupptions, defects, delays in transmission, computer virus, etc. our libaility is strictly limited to amounts paid to apm. your only right and recourse with any problems or dissatisfaction with the apm website or service is to discontinue your use of the website or service.
Disclaimer of Warranties
The apm website and all materials available from or through the website or service are provided “as is” and “as available”. apm, its officers, agents, representatives and employees specifically disclaim any warranty, express or implied, including the warranties of merchantability, fitness for a particular purpose, title and non-infringement. where applicable law does not allow the exclusion of implied warranties, the above exclusions may not apply to you.
Indemnification
You represent and warrant that in your use of the apm website and all materials contained within, you will comply with all applicable laws, rules, regulations, and this agreement. you hereby agree to indemnify, defend and hold harmless apm and its officers, agents, directors, representatives, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including, but not limited to, legal costs and expenses and attorneys fees arising out of or relating to any breach by you of the foregoing representations, warranties and covenants or use of the apm website or service. you agree to cooperate as fully as reasonably required in the defense of any claim.
Links to Third Party Sites
This website may contain links to other Internet websites that are provided solely for your convenience or interest. APM makes no warranties or representations as to the content or operation of any website accessed through any of these links, and assumes no liability or responsibility for the accuracy, quality or legality of any site you may access through this website.
Intellectual Property Rights
The APM website contains proprietary material that is or may be protected by U.S., Canadian and international copyright law, trademark law, trade secret law, and other intellectual property laws. All rights not granted to you herein are expressly reserved by APM.
All content within the APM website including but not limited to, all text, graphics, images, design, icons, source code, software and other copyrightable elements including the compilation, selection, ordering and arrangement thereof are the exclusive property of APM and /or their respective owners.
APM reserves all rights in its trade name, trademarks, trade dress, service marks and logo. The APM name and logo are trademarks or service marks of APM and may not be reprinted or displayed in any form without our express written permission.
You may not disassemble, reverse engineer, rent, lease, sell, sub-license or create derivative works from this website, including all material, content, source code and software made available on this website. You may not copy, modify, reproduce, republish, distribute, display or transmit any portion of this website except as required for your use of the APM service. Any unauthorized use of this website or its content is expressly prohibited.
Third Party Trademarks
Third party trademarks, service marks, logos and trade names, not belonging to APM, may be displayed on the website only to reference those sites that provide advertising space available for purchase and/ or where APM may access advertising inventory for purchase and for placement of ads. All third party trademarks or service marks are the property of their respective owners. No endorsement or affiliation is implied.
Modification
APM may revise these Terms of Use and modify the service provided under these Terms of Use. Any such revision or modification will be binding and effective immediately upon posting the revised Terms of Use or change to the service provided on this website. You agree to review the website periodically to be aware of any such revisions.
Severability
If any provision of these Terms of Use is found unenforceable or void by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity or enforceability.
Entire Agreement
These Terms of Use constitute the entire agreement between you and APM regarding the access to and use of this website. If you do not agree to these Terms of Use, you must immediately terminate your use of this website.
See also, our
Privacy Policy and
Advertising Guidelines, which are herein incorporated into these Terms of Use by this reference.
Last updated: September 01, 2018
