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Terms of Service for MediaBids Publications

THE FOLLOWING DESCRIBES THE TERMS ON WHICH MEDIABIDS OFFERS YOU AND YOUR PUBLICATION ACCESS TO OUR SERVICES. These services include providing you with the ability to: (1) Select and run direct response advertisements; (2) Request recommendations from MediaBids staff regarding choice of direct response advertisements; or (3) Receive payment for running advertisements based on agreed upon terms.

The terms "you" and "publication," mean any authorized publication representative or publishing company who seeks to sell advertising to any participating advertiser on the MediaBids web sites.

The term "advertiser" means any business or person who has engaged MediaBids and has agreed to pay a participating publication, through MediaBids, for response from an advertisement.

The terms "us" or "we" means MediaBids.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on the MediaBids site.

  1. Membership Eligibility

    Our services are available only to individuals or business entities that can form legally binding contracts under applicable law. Any person using MediaBids services must have the authority to bind the publishing company which is represented to a contract for advertising in that company's publication. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended MediaBids members.

  2. Duties of Publication Users

    Per Inquiry Advertising

    1. By agreeing to run Per Inquiry Advertising you accept the payment terms offered. Payment is based solely on response generated by your publication. Number of insertions and ad size are at your discretion.
    2. MediaBids has the right to cancel phone numbers used in per inquiry advertisements and the corresponding placement for reasons including, but not limited to: ads not generating response for 90 consecutive days and/or publications indicating they have not run a per inquiry ad for over 30 days.
    3. Ad Resizing is Strictly Prohibited

      If you must change the size of the ad to fit the specifications of your publication, you must maintain the existing proportions in both width and height. If the size, shape or quality is altered (even proportionally) you must receive approval from MediaBids before running the ad. Please submit a PDF proof of the page containing the ad as it will appear in your publication to design@mediabids.com. Resizing an ad without approval could result in forfeiture of revenue generated. MediaBids is not obligated to pay for the results generated by an ad that has been resized without approval.

    4. Right to Suspend

      Please be aware that all calls are monitored and reported to MediaBids. MediaBids shall have the right to suspend the publication's toll-free number and return money collected for response to the advertiser if fraudulent or inappropriate activity was deemed to have taken place on the publication's assigned 800 numbers. MediaBids and its advertisers define fraudulent or inappropriate behavior as multiple calls from a single location or a large, unexplainable increase in the amount of calls to the advertiser with a correspondingly overall low close rate from uninterested parties and calls from sources other than the advertisement are deemed fraudulent and will result in immediate termination of the assigned toll-free number, without warning. In some cases, MediaBids will contact you to discuss the matter prior to suspension. If it is deemed that fraudulent or inappropriate activity has occurred, MediaBids will take action to protect our advertisers and will not be liable or responsible for payment of calls that are the result of fraudulent or inappropriate activity. The final determination of the existence of fraudulent activity will be made by MediaBids and its advertiser clients.

      1. Payment terms
        1. Ad Tracking

          Ads are tracked on a 30-day rotation. Tracking is done while the ad is running and continues for a minimum of 30 days beyond the last date of the ad placement.

        2. Payment terms for Per Inquiry advertising are stated by advertisers based on each individual campaign. By requesting a Mediabids Per Inquiry advertising campaign you are agreeing to run ads at your discretion, being paid at the stated terms and rate. Terms are not subject to negotiation.
          1. Per Inquiry advertisers may cancel or change their print campaigns at any time. Changes will be reported to publications immediately. If the advertiser is canceling their campaign, publications will receive a cancellation request for the advertiser and a final report of all activity for up to 30 days after the per inquiry advertiser's campaign is cancelled. MediaBids will not pay for response generated for more than 30 days after the cancellation notice or campaign changes unless agreed to separately.
      2. Payment to You and Fees for Services
        1. Enrollment Costs. Joining MediaBids and using our web sites is free to you.
        2. Payment to You. We will pay you for running a Per Inquiry advertising campaign monthly, via your publication's preference of check or electronic payment.
      3. Other Responsibilities and Duties
        1. You agree not to bypass MediaBids with regard to any transaction with an advertiser that has been identified or provided through our web site.
        2. Right To Suspend

          Please be aware that all calls are monitored and reported to MediaBids. MediaBids shall have the right to suspend the publication's toll-free number and return money collected for response to the advertiser if fraudulent or inappropriate activity was deemed to have taken place on the publication's assigned 800 numbers. MediaBids and its advertisers define fraudulent or inappropriate behavior as multiple calls from a single location or a large, unexplainable increase in the amount of calls to the advertiser with a correspondingly overall low close rate from uninterested parties and calls from sources other than the advertisement are deemed fraudulent and will result in immediate termination of the assigned toll-free number, without warning. In some cases, MediaBids will contact you to discuss the matter prior to suspension. If it is deemed that fraudulent or inappropriate activity has occurred, MediaBids will take action to protect our advertisers and will not be liable or responsible for payment of calls that are the result of fraudulent or inappropriate activity. The final determination of the existence of fraudulent activity will be made by MediaBids and its advertiser clients.

        3. We encourage you to notify us if you suspect that any user is engaging in any activity that interferes with the integrity of our web sites.
  3. Right of Refusal

    You may refuse any advertisement at any time prior to the publication of the ad. Mediabids Per Inquiry ads are to be run at your publication's discretion.

  4. MediaBids Duties
    1. Duties. We merely provide the forum for publications and advertisers to engage in an advertising agreement where publications are paid for advertising response and to remit payment for response based upon the agreed upon terms.
    2. Exclusions. MediaBids cannot and does not guarantee the truthfulness or accuracy of any information about advertisers. Such information is a service to the publication and is reprinted from information submitted by advertisers.
  5. MediaBids is only a venue
    1. Overview. Our site acts as the venue for publications and advertisers to offer advertisements to be run on a direct response basis. We have no control over the quality, safety or legality of the items advertised, or the truth, the accuracy of the listings and the ability of advertiser to sell items. We cannot ensure that an advertiser or publication will either run an ad or be capable of supplying goods or providing the services advertised.
    2. Safe Transactions. Because user authentication on the Internet is difficult, MediaBids cannot and does not confirm each advertiser's purported identity.
    3. Release. In the event you have a dispute with one or more advertisers, you release MediaBids (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    4. Information Control. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please understand that there may exist the risk of dealing with foreign nationals, underage persons or people acting under false pretense.
  6. Your Information
    1. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, the media kit, in any public message area or through any e-mail feature. You are solely responsible for "Your Information," and we act as a passive conduit for your online distribution and publication of "Your Information." With respect to "Your Information":
    2. Your Company and Publication Information: (a) shall not be false, inaccurate or misleading; (b) shall not contain fraudulent information; and (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
    3. Solely to enable MediaBids to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
  7. Breach, Suspension or Termination

    Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you for any reason we deem appropriate in our sole discretion. Such reasons include, but are not limited to: (a) your breach of this Agreement or the documents it incorporates by reference; (b) our inability to verify or authenticate any information you provide to us; (c) your provision of fraudulent information to us or our users; (d) if you have interfered with the integrity of the functioning of our site, including but not limited to price manipulation; or (e) our belief that your actions may cause legal liability for you, our users or us.

    If we choose to ignore any violation of this agreement or other activities which could give rise to suspension or termination, such action or inaction on our part will not constitute a waiver of any of our rights including suspension, termination or otherwise.

  8. Trademarks

    You acknowledge and agree that MediaBids is the exclusive owner of, or otherwise has the right to use, all logos, trademarks and service marks.

  9. No Warranty

    MEDIABIDS AND ITS SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  10. Liability Limit

    IN NO EVENT SHALL MEDIABIDS OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

  11. Announcement

    OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

  12. Indemnity

    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  13. Legal Compliance

    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

  14. No Agency

    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  15. Notices

    Except as explicitly stated otherwise, any notices to us shall be given by postal mail to MediaBids, P.O. Box 839 Winsted, CT 06098. Any notices to you shall be given by e-mail to the e-mail address you provide to MediaBids during the registration process (in your case). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to MediaBids during the registration process. Notices via e-mail shall be deemed given 24-hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notices via US mail shall be deemed given 3-days after the date of mailing.

  16. Choice of Law and Venue

    This agreement is governed by the laws of the State of Connecticut, USA. You hereby consent to the exclusive jurisdiction and venue of the courts in Hartford County, Connecticut, USA in all disputes arising out of or relating to the use of the MediaBids web sites. Use of the MediaBids web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MediaBids web sites or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the MediaBids web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the MediaBids web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same and subject to the same conditions as other business documents and records originally generated and maintained in printed form.