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Advertising Terms of Service
: Companies wishing to advertise on Video Ad Spots must read and agree to the following Terms of Service.
1. ADVERTISING MATERIALS
a. The Advertising Customer agrees to submit to Video Ad Spots advertising materials to be used by Video Ad Spots, or engage Video Ad Spots to create such advertising materials.
b. Video Ad Spots has the right and option to review and approve, in its absolute discretion, the content of any advertising material that the Advertising Customer submits. Video Ad Spots reserves the right to reject advertising material that it finds objectionable. For example, advertising materials may not contain false or misleading information, illegal information, vulgar or pornographic items, or any other content that Video Ad Spots deems, at its sole discretion, may be objectionable to the general public who use Video Ad Spots. If Video Ad Spots rejects any advertising material that the Advertising Customer submitted, Video Ad Spots will notify the Advertising Customer. Even after Video Ad Spots accepts the advertising materials, Video Ad Spots has the right to remove it if it does not function correctly or for any of the reasons described above. Video Ad Spots’ placement of the advertising on its page does not signify its approval or waiver of the right to reject it in the future.
c. If Video Ad Spots rejects any advertising material submitted by the Advertising Customer, any prepaid advertising fee shall be returned to Advertising Customer. The Advertising Customer will not have the right to any damages or other remedies, in law or in equity against Video Ad Spots for failing to place or removing any advertising except for the return of any unused prepaid advertising fees.
d. The Advertising Customer may periodically make changes to its advertising material which Video Ad Spots must also approve. The Advertising Customer will provide Video Ad Spots with all changed materials that Advertising Customer desires to integrate.
e. Video Ad Spots agrees to provide acceptable advertising formats to the Advertising Customer.
2. SERVICES TO BE PROVIDED
a. Video Ad Spots does not guarantee any given amount of Impressions to Advertising Customer’s page as a result of its advertising services unless a separate Impression Guarantee Addendum has been executed by Video Ad Spots and the Advertising Customer.
b. Video Ad Spots will use its reasonable efforts to make its Advertising Site available for display through the World Wide Web. Video Ad Spots is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business.
c. Video Ad Spots will not place links to the Advertising Customer's website or website content in newsgroups, message boards, unsolicited email and other types of spam, chat rooms, guest books, or through similar Internet resources.
d. Video Ad Spots shall be responsible for tracking Impressions to the Advertising Customer site through the advertisements that are included on its site. Video Ad Spots will report this information via Email on a monthly basis. The Advertising Customer will agree to treat this information as confidential. The Advertising Customer may use it for its internal business and marketing planning, but may not disclose it to third parties without an advanced written consent from Video Ad Spots.
3. PLACEMENT OF THE ADVERTISING
Video Ad Spots reserves unto its own discretion all decisions and matters concerning placement of Advertising Customer’s advertisement(s) on pages of Video Ad Spots Site, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of Video Ad Spots Site.
In consideration of its advertising services, the Advertising Customer agrees to pay the advertising fees set forth on the selected fee schedule. The Advertising Customer will also pay any necessary sales and other taxes based upon the fees set forth therein. Advertising fees will be paid monthly, in advance, on or before the first day of every month during the term hereof. Video Ad Spots may charge interest and service charges on monthly accounts that are delinquent at the maximum rates allowable by law. The Advertising Customer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account. Video Ad Spots reserves the right to suspend advertising services until Advertising Customer’s account is brought current.
5. PROPRIETARY RIGHTS
Video Ad Spots will retain all proprietary rights in and to its respective sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. Video Ad Spots does not grant any rights in and to such proprietary material except that the Advertising Customer hereby grants Video Ad Spots a non-exclusive license to use the advertising material provided, including its trademarks and copyrights, and the right to hyperlink to Advertising Customer’s site from its website(s) during the term of this Agreement.
6. REPRESENTATIONS AND WARRANTIES
a. The Advertising Customer represents and warrants that the advertising provided is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Advertising Customer also warrants and represents that it has the unrestrictive and exclusive right to use all such materials.
b. Video Ad Spots makes no warranties that the advertising contained on Video Ad Spots Site will be free from errors or defects or that the use of the hypertext link or access to its site will be uninterrupted. Video Ad Spots SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL Video Ad Spots BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
The Advertising Customer will indemnify and hold Video Ad Spots harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the Advertising Customer has made to Video Ad Spots and otherwise arising directly or indirectly from the placement of its advertising materials on Video Ad Spots Site.
8. FORCE MAJEURE
Video Ad Spots will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control.
The Advertising Customer may terminate its relationship with Video Ad Spots, with or without cause, by giving two weeks advance notice of its intent to terminate. Video Ad Spots reserves the right to terminate this Agreement for any reason, with or without cause, by giving two weeks written notice to Advertising Customer.
10. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and understanding between the parties with respect to the subject matter hereof. It supercedes and replaces all previous discussions, negotiations, and understandings between the parties. These Terms of Service may only be amended by a written amendment signed by authorized representative of both parties.
The Advertising Customer is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.
12. GOVERNING LAW:
This Agreement shall be interpreted under the laws of the State of California. Any and all legal actions relative hereto shall be in the courts of Los Angeles, California.
Video Ad Spots is a Division of MobiPromo International LLC