GENERAL TERMS OF USE
GLAMADAPT AUTOMATE SELF SERVICE AD PROGRAM
1. Acceptance of Terms of Use.
Glam Media (“Glam” or “us” or “we”) welcomes you (“you” or “Buyer”) to our GlamAdapt Automate Self Service Ad Program (“the “Program”) through which we provide to those who agree to these Terms of Use and the corresponding GlamAdapt Automate Buyer Agreement (“Buyer Agreement”)a robust platform that allows advertisers to place Advertisements targeted at local or regional audiences through the Glam Properties. The Glam Properties means any and all Glam owned, controlled or operated websites (“Glam Media Sites”) and websites owned by third party publishers participating in the Glam Media Network (“Affiliated Sites”, together with the Glam Media Sites, the “Glam Media Network”). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Buyer Agreement.
By submitting advertising through the Program, you are agreeing to these Terms of Use, the Glam Privacy Policy linked to the pages of this Program (the “Privacy Policy”) and all other policies or notices linked to the pages of the Program, posted by us through the Program or on the Glam Properties related to this Program (collectively, the “Glam Policies”). If you do not agree to the Glam Policies, including these Terms Of Use, please do not submit your Campaign through the Program. We reserve the right to change the Glam Policies, including these Terms Of Use, at any time and in our sole and absolute discretion. Any changes will be effective upon posting of the revisions. If any such modification is unacceptable to you, your sole recourse is to withdraw from the Program. Your continued participation in the Program following such modification shall constitute your binding acceptance of the change(s) to the Program.
It is your responsibility to periodically review these Terms of Use for any changes as continued use following the posting of these Terms of Use with such changes creates a binding legal agreement between you and us equivalent to a document signed by you. If you use the Program after we’ve changed any of theprovisions in these Terms of Use, you are agreeing to all of the changes.
You must be at least 18 years old to use the Program.
2. Accounts; Passwords; Security.
You will need to set up a Program account in order to use the features of the Program. You may not use someone else’s Program account without permission. When you are setting up your Program account, you must give us accurate and complete information. This means that you cannot set up a Program account using someone else’s name or contact information (except where you are an advertising agency or other authorized representative as described under Section 7 (Advertising Agencies and other Representatives) of the Buyer Agreement), or a phony name or phony contact information. You have complete responsibility for your Program account and everything that happens on your Program account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses (including, if you are an advertiser, unauthorized submission of Advertisements which result in charges to your Program account) caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your Program account, you may be liable.
3. Restrictions on Your Conduct.
You may not, and you may not authorize, enable or engage a third party to do, any of the following:
(i) use our Program for any illegal purpose or in violation of law;
(ii) extract, export, copy, distribute or otherwise exploit in any manner any information from the Program for use outside the Program (including, but not limited to, using the Program to collect names of advertisers and publishers for the purpose of soliciting them directly);
(iii) transmit any unsolicited or unauthorized junk mail, spam, chain letters, or pyramid schemes;
(iv) impersonate anyone else or lie about your affiliation with another person or entity;
(v) use any product names, trademarks you do not own (including in meta tags or any other “hidden text”);
(vi) upload, launch, post, email or transmit any Advertisements or material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Program, or harm or corrupt our or anyone else’s computer systems, or data;
(vii) use our Program to harm minors in any way;
(viii) collect or gather other people’s personal or aggregated information (including account information) from our Program;
(ix) upload, launch, post, email or transmit any Advertisements with respect to which you do not have the right to submit, as the material contained therein is protected by third party copyright, patent, trade secret, privacy, publicity;
(xi)upload,launch, post, email or transmit any Advertisements containing forged headers or that manipulate other identifiers intended to disguise the origin of any Advertisements submitted, or the destination of the Ad Landing Page; or
(xii) upload,launch, post, email or transmit any Advertisements that includes Prohibited Categories or Excluded Advertisements.
4. No Resale or Syndication.
We are making the Program available to you for your use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Program for any other purpose.
5. Proprietary Rights.
Glam, its affiliates, licensors, suppliers, vendors, the Glam Media Sites and Affiliated Sites retain all right, title and interest, as applicable (including all copyright, trade secret, patent and other rights) in and to the Program and content which is included in the Program (other than Advertisements). If you give feedback on the Program, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Program without compensation to you. We reserve all rights in and to the Program unless we expressly state otherwise. The Program contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Program to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Program.
All brand, product and Program names used in the Program which identify us or our suppliers and our or their proprietary products and Programs are the trademarks or Program marks of us or our suppliers. Nothing in this Program shall be deemed to confer on any person or Buyer,any license or right on the part of us or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Program related to security, preventing or restricting use or copying of any Advertisements, or enforcing the limits on the use of the Program or the Advertisements on the Program.
6. Copyright Complaints.
Glam respects the intellectual property of others, and we ask you to do the same. Glam may, in appropriate circumstances and at its discretion, terminate access to the Program by any Buyer who infringes the copyright of others. If you are the owner of , or control copyright rights in a work and you believes that your work has been copied and is accessible via the Program in a way that constitutes copyright infringement , or that the Program contains links or other references to another online location that contains materials or activities that infringe your copyright rights, you may notify our Designated Agent in writing of such infringement by providing the information required by the Digital Millennium Copyright Act. Please see our Glam Copyright Policy for more information on how to report infringement of your copyright.
7. How to Communicate with Us.
Only notices about copyright infringement should go to the copyright infringement contact above. If you have anything else to communicate with us pertaining to the Program (like feedback, comments, requests for technical support), please contact us at automatesupport@glam.com.
8. Storage and Availability.
We are not a content-archiving Program. We do not promise to store or make available on our Program any materials that you submit (including Advertisements or listings of your inventory), or any other content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Program.
You acknowledge that temporary interruptions in the availability of the Program may occur from time to time as normal events. Also, we may decide to cease making available the Program or any portion of the Program at any time and for any reason. Under no circumstances will we, or our suppliers be held liable for any damages due to such interruptions or lack of availability.
9. Links to Other Sites.
If the Program contains links to other websites, we are not responsible in any way for any of these other website. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
10. Warranty Disclaimer.
USE OF THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. WE AND OUR AFFILIATED SITES, GLAM MEDIA SITES, GLAM AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GLAM, TOGETHER WITH ITS AFFILIATED SITES, GLAM MEDIA SITES, GLAM AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE PROGRAM OR ANY ADVERTISEMENTS DELIVERED THROUGH THE PROGRAM, OR PRODUCTS PURCHASED THROUGH THE PROGRAM WILL MEET YOUR REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PROGRAM OR ADVERTISEMENTS OR THAT WE WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE PROGRAM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PROGRAM OR ANY CONTENT OBTAINED FROM THE PROGRAM. GLAM, TOGETHER WITH ITS AFFILIATED SITES, GLAM MEDIA SITES, GLAM AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS ARE NOT RESPONSIBLE FOR ANY CONTENT INSIDE ANY ADVERTISEMENTS SERVED THROUGH THE PROGRAM AND MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RESULTS BUYER WILL OBTAIN BY USING THE PROGRAM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, GLAM, TOGETHER WITH ITS AFFILIATES, GLAM MEDIA SITES,AFFILIATED SITES, LICENSORS, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY(WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, OPPORTUNITY REVENUE OR PROFIT) ARISING FROM OR RELATED TO THESE TERMS OF USE, THE BUYER’S AGREEMENT, ANY ORDERS,YOUR USE OF THE PROGRAM OR ANY CONTENT PROVIDED BY OR THROUGH THE PROGRAM AND/OR ADVERTISEMENTS APPEARING THROUGH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM: (I) YOUR USE OR INABILITY TO USE OUR PROGRAM; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ADVERTISEMENTS; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PROGRAM, OR (IV) ANY OTHER MATTER RELATING TO THE PROGRAM OR THE ADVERTISEMENTS AVAILABLE THROUGH THE PROGRAM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL GLAM’S MAXIMUM LIABILITY ARISING OUT OF THESE TERMS OF USE, THE BUYER AGREEMENT OR ANY ORDERS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED IN THE AGGREGATE, THE SUM OF THE AMOUNTS PAID OR PAYABLE TO GLAM IN THE MOST RECENT CALENDAR QUARTER UNDER THE ORDER TO WHICH THE CLAIM RELATES.
12. Termination and Suspension of the Program.
We may terminate or suspend the Program or any part of the Program, terminate or suspend your use of the Program, block any IP address, or remove any content (such as Advertisements or inventory listings) you submit to the Program at any time without cause without any liability to you.
Further, we may terminate or suspend your permission to use the Program immediately and without notice upon any violation of the terms of Program, the Buyer Agreement, failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Program for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.
Upon any termination we may delete your Program account, passwords and any content or Advertisements you have submitted to the Program, and we may bar you from further use of the Program. You agree that we will have no liability to you or any third party for termination of your account, deletion of any content you have submitted to the Program, or termination of your access to the Program.
13. Jurisdiction
These Terms of Use shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in San Mateo County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.
14. General Terms
These Terms of Use, the Buyer Agreement and any Orders constitute the entire agreement between You and us regarding this Program. If a court having proper authority decides that any portion of these Terms of Use is invalid, only the part that is invalid will not apply. The rest of these Terms of Use will still be in effect. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by You, but may be assigned by us without restriction.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
