Blogads Adstrip Terms & Conditions for the Adstrip Publisher

To read the Terms & Conditions for Advertiser, please click here.
To read the Privacy Policy, please click here.

Welcome to Blogads.com. We provide online advertising sales and display services for publishers of blogs (the "Service"). We provide "Advertiser(s)" the ability to order advertisements ("Blogad(s)") via the Service into a javascript ("Adstrip") that is then displayed on designated web site(s) in our network of sites managed by publishers. The Service runs on software developed and hosted by Pressflex LLC, its subsidiaries and third party contractors ("Application Provider"). Blogads are viewed by members of the public ("Users"), who access any of our publishers’ blogs via the World Wide Web.

By using the Service and becoming a member of our network of publishers (a “Publisher”), YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.

1. CHANGES TO TERMS AND CONDITIONS. Application Provider reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the site http://www.blogads.com/Documents/manager_Terms. You are responsible for reviewing any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SERVICE FOLLOWING APPLICATION PROVIDER'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. RELATIONSHIP OF THE PARTIES. Your relationship to Application Provider is one of an independent contractor and/or customer. No employer-employee, agency, joint venture, franchise, sales representative or partnership relationship is created by this Agreement or your use of the Service. For the mutual protection of Publishers and Application Provider, your relationship with Advertisers is governed by the Terms and Condition for Blogads Advertisers. This Agreement constitutes your entire agreement with Advertisers. Application Provider reserves the right to change the Agreement, in its sole and absolute discretion, with or without any notice to you. You hereby acknowledge and agree that your continued use of the Service following Application Provider’s posting of any changes to that Agreement will constitute your acceptance of such changes or modifications.

3. PUBLISHER OBLIGATIONS

3.1 You are solely responsible for the wording, customization and accuracy of your Adstrip and for all materials that appear in your Adstrip including, but not limited to: (a) the creation of Adstrip descriptions and logos; (b) the placement of Adstrip Javascript into the relevant Internet web site(s); (c) the acceptance and/or rejection of advertisements submitted into your Adstrip; (d) accuracy and appropriateness of materials you post on the Adstrip; (e) ensuring that advertisements or User comments accepted to your Adstrip do not violate or infringe upon the rights of any third party; are not defamatory, obscene, threatening, abusive or hateful and (f) ensuring that materials posted in your Adstrip are not libelous or otherwise illegal.

3.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activities conducted on Application Provider‘s servers. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Service infrastructure. You agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

3.3 You are responsible for all usage or activity on your Adstrip account, including use of the account by any third party authorized by you to use your user name and password. You are advised to maintain the confidentiality of your Service password. You are responsible for ensuring that you exit from your account at the end of each session. You are responsible for the usage of your Adstrip on your web site or on any other web site. You bear sole responsibility to regulate the use of your Adstrip by other users of the World Wide Web or site publishers.

4. INTELLECTUAL PROPERTY

4.1 All Blogads uploaded to the Service by Advertiser including, without limitation, all intellectual property rights in the same, shall remain Advertiser’s sole and exclusive property.

4.2 All content uploaded to the Service by you (“Publisher Blogads Information”) including, without limitation, all intellectual property rights in the same, shall remain your sole and exclusive property.

4.3 All software, equipment, data, information and materials, developed or provided by Application Provider or its suppliers under this Agreement or used by Application Provider to provide the Service including all intellectual property rights in the same shall remain the sole and exclusive property of Application Provider or its suppliers. In no event may you copy, reverse engineer, decompile, translate or otherwise use or duplicate the Application Provider software or Service, without the express written consent of Application Provider.

4.4 By publishing Publisher Blogads Information in the Adstrip, you represent and warrant that you are the owner of all patent, copyright, mask work, trademark, service mark, and any and all other proprietary rights and interests therein. Publisher hereby grants Application Provider and its designees the right to communicate such works to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of this Agreement for the purpose of providing the Service under this Agreement. Publisher also permits any User to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

4.5 You acknowledge and agree that Application Provider may preserve Publisher Blogads Information or Blogads and may also disclose the same if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any such Publisher Blogads Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Application Provider, its Advertisers, Users and the public.

4.6 In the event that Application Provider, the bulk of its assets or one or more of its sites is acquired by another company, Publisher Blogads Information submitted via the Service may be among the transferred assets.

5. FEEDBACK ON SERVICE. While Application Provider appreciates your feedback on the Service, you are asked to be specific and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the Submission ), the Submission shall be the property of Application Provider. None of the Submission shall be subject to any obligation of confidence on Application Provider's part and it shall not be liable for any use or disclosure of any Submission. Application Provider shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. You grant to Application Provider your rights to any Submissions submitted by an Advertiser or User.

6. NO WARRANTY. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND APPLICATION PROVIDER, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. APPLICATION PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

7. INDEMNIFICATION. The Service is a venue for Publishers and Advertisers to organize, complete and fulfill advertising transactions. You hereby acknowledge and agree that Application Provider is not involved in the actual transaction between an Advertiser and a Publisher, is not the agent of, and has no authority for either for any purpose. You shall indemnify Application Provider in respect of all liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with a breach of your obligations under this Agreement.

8. LIMITATION OF LIABILITY. APPLICATION PROVIDER, ITS OFFICERS, DIRECTSORS, AGENTS, ADVISORS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PRUCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

9. DISCLAIMER. Application Provider is not responsible for the content of Adstrips. Application Provider does not review Blogads, User comments or Publisher Blogads Information before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any Adstrips. However, Application Provider reserves the right to remove from its servers any Blogad or Adstrip which it determines to be in violation of its rules and guidelines.

10. CONDITIONS FOR USAGE

10. 1 You shall provide Application Provider with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of this Agreement. Application Provider reserves the right to refuse any application at its sole discretion.

10.2 You must be above the age of 13 to use the Service as a Publisher.

10.3 You may not select or use a user name or Adstrip name with the intent to impersonate another person, company or entity, nor use a name subject to the rights, including intellectual property rights of any person other than you without written authorization, nor use a user name that Application Provider, in its sole discretion, deems offensive.

10.4 Any Adstrip should appear immediately adjacent to content or editorial functionality. At least one of your Adstrips must begin less than 400 pixels from the top of the web page. No Adstrip may be posted multiple times on the same web page. The customizable html hyperlink directing Users to the Blogad ordering form for Publisher which is supplied as part of the default code for Adstrip(s) must appear in the Adstrip(s) you display.

10.5 You may display advertising material from sources other than Application Provider on your Internet web Site(s) provided that all other advertising material in the same column as the Adstrip(s) appears underneath the Adstrip(s). When advertisements appear in multiple columns of a web page, the Adstrip(s) must be the top most advertisement in the leftmost column in which there are advertisements within 400 pixels of the top of the page. Adstrips may appear in columns to the right of the Adstrip. Pages that carry the Adstrip cannot be preceded or followed by interstitial advertisements or prompt a pop-up advertisement.

10.6 Publisher agrees to give Application Provider equal access on equal terms to sell advertising into any advertising format or location created on the Site(s) in each case that the size and formatting of the advertising area matches the size and formatting of an ad unit provided by Application Provider. You are responsible for notifying Application Provider by e-mail at bookings@blogads.com or via the appropriate Application Provider web form of the temporary unavailability of any such advertising area because of its booking.

10.7 You agree that Application Provider is your exclusive provider of advertisements posted on your Adstrip. You may allow Advertisers to upload ads for free into your Adstrip, provided, however, that unless otherwise agreed with Application Provider in writing, Application Provider shall be entitled to a commission on all paid ads posted within your Adstrip in accordance with the terms and conditions of this Agreement, regardless of whether ads are posted by you, Application Provider or Advertiser.

10.8 Adstrips submitted to topic-specific pages via the appropriate Application Provider form must deliver audiences focused on the topic(s) specified. If the name of the Adstrip, submitted via the appropriate Application Provider form, suggests topicality, your audiences should predominantly focus on the relevant topic(s). You are solely responsible for renaming and reclassifying the Adstrip via the appropriate Application Provider forms if the focus of the web site on which the Adstrip is displayed changes.

10.9 If an Adstrip is set up to run on more than one web site, you need to identify the sites contributing to the Adstrip's traffic tally via the appropriate Application Provider form.

10.10 You will not send unsolicited e-mail ("spam") to attract Users or Advertisers to your Adstrip or any Blogads.

10.11 You will be notified of each new ad submission via the email address you specified on the appropriate Application Provider form and will have the right to approve or reject each submitted ad ("pending ads"), provided, however, you acknowledge and agree that Advertiser may periodically edit its running Blogads without notification to you. If such revision is offensive or otherwise objectionable, you may provide notice to Application Provider and Application Provider will request that Advertiser return the Blogad to its original form as submitted to you. Application Provider reserves the right to approve or reject on your behalf any pending ad after 3 days of the ad's submission by Advertiser. Advertiser may cancel pending ads. No money is due to you on canceled or rejected ads, regardless of the time and method of rejection or cancellation.

10.12 You acknowledge that Application Provider may establish general practices and limits concerning use of the Service, including without limitation the maximum number of paid-for and free Blogads that can be placed into an Adstrip, the maximum disk space that will be allotted on Application Provider's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Application Provider may add you to its menus of Publishers displayed to advertiser, including but not limited to http://www.blogads.com/order. You further acknowledge that Application Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10.13 You acknowledge and agree that Application Provider may, without notice, remove you from its menus of Publishers displayed to advertisers, including but not limited to on http://www.blogads.com/order if you fail to comply with any of the above usage conditions.

11. RATES AND PAYMENT

11.1 Service Provider will sell advertising space in your Adstrip to Advertisers. You are responsible for setting the advertising rates for placing Blogads into your Adstrip and Service Provider is responsible for collecting the fees charged to Advertiser. Application Provider reserves the right to determine the Service Fee it charges Publishers and will provide you with notice of such charges on the Blogads.com website, or by other electronic communication. If a Service Fee applies, the rate policy will always be available to you on the password-protected administrative area of your Adstrip, via the hyperlink labeled Service Fees.

11.2 Application Provider handles payment for Blogads submitted and provides you an online summary of the activity on your Adstrip. Charges shall be calculated solely based on records maintained by Application Provider. No other measurements or statistics of any kind shall be accepted by Application Provider or have any effect under this Agreement. Unless otherwise agreed in writing, you agree that in the event Advertiser delivers payment directly to you for Blogads placed in your Adstrip, you shall immediately remit to Application Provider Application Provider's Service Fee, as displayed via the hyperlink labeled Service Fee within the password-protected administrative area of your Adstrip. Thereafter, you shall direct Advertiser to remit all such payments to Application Provider.

11.3 If you discontinue or suspend publication of an Adstrip into which ads have been sold, you agree to reimburse all current Advertisers the pro rata share of their purchase.

11.4 You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, including but not limited to personal income tax, social security obligations, sales tax and use tax if applicable. You also agree that Application Provider is not obligated to determine whether sales or use taxes apply on any Blogads sales and is not responsible to collect, report, or remit any sales or use taxes arising from any such transaction.

11.5 Advertiser payments for Blogads may occur via PayPal, credit card using WorldPay services (Payment Service Providers), wire transfer or, upon special arrangement, by check. Payments are limited by terms of Payment Solution Providers. Accrued credits equal to and over $75.00 shall be paid to you for the corresponding month within fifteen (15) days following the end of a calendar month, provided that payment from Advertiser has been received by Application Provider. If accrued credits payable to you for any calendar month are less than $75.00, Application Provider will hold those credits until the total amount due is at least $75.00. Sales credits less than $75.00 will be accrued until the end of the calendar year. Application Provider will pay out credits less than $75.00 accumulated in the previous year within sixty (60) days after the end of the calendar year. It is your sole responsibility to generate the sales necessary to reach the $75.00 minimum amount required for monthly payment. If this Agreement is terminated by Application Provider or you, Application Provider will pay you the balance of your earnings within sixty (60) days after termination of the Agreement.

11.6 Accrued credits are sent to your e-mail address via PayPal or, by special arrangement for payouts above $750, by check. You are solely responsible for opening a PayPal account and for registering the PayPal account's e-mail address and your postal address with Application Provider via the appropriate Application Provider form.

11.7 You are solely responsible for providing Application Provider with any changes to your PayPal id address for the purpose of submitting payments to you. Application Provider has no liability for any payment submitted to an outdated address if you have failed to supply or update your address with Application Provider. Any payment rejected for failure to supply or update PayPal id information or not claimed within the time period specified by the terms above or by the terms of the third party payment provider will be forfeited and the payment canceled. Any check not cashed within its expiry period will be forfeited and the payment is canceled. Application Provider has the right, at its sole discretion, to retain or return to Advertiser any such forfeited amounts.

12. TERMINATION

12.1 Application Provider reserves the right to terminate you and remove the Adstrip from the Internet without notice for any reason, or for no reason. If Application Provider terminates the Agreement, it will send an email to your Blogads login e-mail address. If your Blogads login e-mail is not currently valid, Application Provider may terminate this Agreement without any notice.

12.2 You may terminate this Agreement for any reason, or for no reason by removing your Adstrip from the Internet and sending an e-mail to terminate@blogads.com. Your violation of the terms of this Agreement also counts as termination.

12.3 If this Agreement is terminated by either party, you agree to reimburse all current Advertisers the pro rata share of their purchase for placement of Blogads on your Adstrip.

12.4 As of June 1, 2006, if you terminate this agreement with a notice of less than sixty (60) days you forfeit to Application Provider any accrued credits not yet paid to you for previous advertisements.

13. Miscellaneous

13.1 This Agreement shall be governed in all respects by the laws of Delaware and the parties agree to submit to the non-exclusive jurisdiction of the Delaware courts.

13.2 Official correspondence should be sent to Pressflex LLC, 304 West Weaver Street Suite 203, Carrboro, NC 27510.

13.3 Application Provider may retain and use for its own purposes any Publisher Blogads Information. Application Provider may share aggregate (i.e., not personally identifiable) information about Publishers with advertisers, business partners, including syndication partners, sponsors, and other third parties.

13.4 This Agreement constitutes the entire agreement between you and Application Provider with respect to the subject matter hereof and there is no representations, understandings or agreements which are not fully expressed in this Agreement.