Sportnesslab Ads
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Last revision on October 19, 2021.
The following terms ("Sportnesslab Ads Agreement" or "Agreement") apply to the use of the sportnesslab online advertising platform and related advertising services based on any self-service auctions (the "Advertising Services). Advertising services allow you to publish your ads on sportnesslab properties and on enabled third parties (collectively, "Properties"), such as Sportnesslab Audience Network web and mobile applications. By registering or using our online advertising platform or our advertising services, you agree to the terms of this Agreement , so please take a moment to read them.
1. Agreement
By using our Advertising Services, you agree to this Ads Agreement, our Advertising Policies and terms for optional features.
If you use the Services for a third party, you must give us permission to do so.
In addition to the Sportnesslab User Agreement, Privacy Policy and Cookie Policy, this Ads Agreement and our Advertising Rules are used when accessing and using the Advertising Services. Additional terms may be applications to specific features of the Advertising Services. For example, the additional terms included herein and the application to the use of optional devices, website demographics, audiences, and lead generation forms.
If you have entered into a separate advertising agreement with Sportnesslab with terms including that the subject matter also addressed in this Ads Agreement, those separate terms govern with respect to that subject matter but this Advertising Policies Agreement and Terms for optional ad features) governs with respect to any additional topics (e.g. conversion tracking, website demographics, corresponding audiences, and lead generation forms). Otherwise, this Advertising Agreement (including Advertising Policies and Optional Feature Terms) governs all uses of the Advertising Services.
If you access or use the Advertising Services on behalf of a company or a third party, you represent and warrant that you have the authority to do so and to bind that company or third party to this Ads Agreement and this Ads Agreement will be treated. as their respective agreement. In this case, Sportnesslab may hold you responsible for breaches of this Ads Agreement by that company or a third party, and "you", "your" and "party" will also refer to and apply to that company or third party.
Your use of the Advertising Services must comply with Applicable Law and all applicable terms.
You are responsible for using the Advertising Services through your account.
If you use the Advertising Services for a company, that company may receive information about your use and remove you from their accounts. We may decline advertisements, modify or terminate advertising services and participate in auctions for advertisements on advertising services.
Advertising services are designed to improve the effectiveness of your campaigns. Sportnesslab may offer you the option to choose whether you want to use certain automated optimizations (for example, disable the automatic expansion of your specific targeting criteria or shop with optimized offers). With your permission, Sportnesslab can also manually help you with your campaigns.
You are responsible for all ads and related content sent by or on your behalf through advertising services or otherwise to Sportnesslab, including ads, text, images, branding, URLs, tags and pixels that make up the ads. and content (collectively, your "Ads"), (ii) all ad traffic or targeting decisions made by or on your behalf, (iii) all content and properties that viewers refer them to, as well as redirects ("Destinations") and (iv) all services and products advertised on Destinations ("Advertised Goods"). Except as expressly agreed in writing by Sportnesslab, the same will determine the size, positioning and positioning of your ads. Sportnesslab will publish your ads as soon as inventory is available in the properties. Ads, Destinations, Advertising Products and use of Advertising Services must comply with the Advertising Policies and all applicable laws, self-regulatory rules, industry rules and government requirements (collectively, "Applicable Law").
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using advertising services on behalf of a company, you agree that Sportnesslab may share information about your purchases and use of advertising services with that company, including its representatives and agents. If that business that you are no longer authorized to indicate public activity on its behalf (for example, if you leave the business or change roles within that business), you agree to be removed from the accounts associated with that business.
Without limiting the prohibitions in the Advertising Policies or User Agreement, you will not and will not enable or authorize third parties to (a) engage in illegal or fraudulent conduct (for example, to discriminate against protected classes), including by virtue of Advertisements, Destinations, Advertising Products or the use of Advertising Services (b) except as expressly authorized in writing by Sportnesslab, use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the properties, (c) unless expressly authorized in writing by Sportnesslab how much, modify or create derivative works of advertising services or related technology, (d) provide Ads that affirm or imply personal characteristics, or (e) provide Ads that contain malware, spyware or any other harmful code, or otherwise interfere with the operation of the Services advertising or any device or system or violate or evade any measure of Sportnesslab or third parties. Sportnesslab may refuse, remove or not supply any product at any time for any reason, including compliance with Applicable Law (defined below).
Sportnesslab may, in its sole discretion, modify or terminate part of the Advertising Services or suspend your ability to use the Advertising Services (including in Sportnesslab's credit approval requirements). Sportnesslab and its affiliates retain the complete and unqualified right to publish advertisements for its products and services and to participate in any auctions through the advertising services to offer such advertisements.
3. Taxes, payment and cancellation.
We will charge you the amounts you chose when setting up the campaign.
You agree to pay on the basis and at the rate shown when a campaign, order or other purchase has been sent through your account ("Rate"), such as price per impression, click, other conversion, lead or period, either with a fixed or automatically optimized offer, with daily budget, total pacing or other budget options. You also agree to pay all applicable taxes, government fees, and exchange fees. To this end, taxes include all federal, state and local sales, use, gross revenue, VAT, GST, levies, and similar transaction taxes. You will have no liability for any statutory income taxes imposed on Sportnesslab, including any taxes or fees as measured by Sportnesslab's net or gross income.
Sportnesslab will charge your payment method at the applicable rate. All amounts paid are non-refundable. You remain responsible for any unclaimed amounts. Sportnesslab may charge interest for any overdue amounts at the rate of less than 1% per month or at the legal maximum and you agree to reimburse us all collection costs for overdue amounts. To the extent that you have not spent the designated budget, you can limit or stop additional charges by changing the budget through your account or by suspending or canceling the campaign. Sportnesslab will endeavor to stop showing your ads immediately upon suspension or cancellation, but you agree to pay and you will be charged the fee for the ads posted until they cease to be displayed.
The amount due will be calculated based on Sportnesslab's tracking mechanisms. Sportnesslab is not responsible for fraudulent clicks, fraudulent leads, ad technology problems or other invalid activity by which could affect the cost of serving them. Your exclusive service for allegedly invalid activity is to submit a credit application for advertising services within 90 days of the activity service date and Sportnesslab's sole responsibility is, in Sportnesslab's sole discretion, to issue credit for advertising services for alleged invalid activities. Any advertising credit that may be accrued is non-refundable or transferable and must be used prior to terminating this Ads Agreement or your account.
4. Intellectual Property Rights and Privacy.
Licenses your ads to us to run the Advertising Services.
We may use feedback and testimonials that you choose to provide.
Sportnesslab's pricing, metrics, member demographics and beta features are confidential.
Each party will prominently post a complete and accurate privacy policy, including with regards to cross-device tracking and ad targeting.
You can't target sensitive data ads.
You can use data from advertising services only on an aggregate and anonymous basis to enhance the performance and effectiveness of your campaigns and to use your campaigns. You must protect the confidentiality of advertising service data using industry standard security measures.
Sportnesslab a worldwide non-exclusive license, royalty-free, sublicensable and transferable to use, promote, publish, distribute and publish your advertisements in the performance of advertising services. You represent and warrant that you own or have all necessary rights (including intellectual property rights) in your Ads (including the granting of the above license).
If you choose to provide feedback to Sportnesslab, you agree that Sportnesslab may (but not use) use and share such feedback for any purpose without compensation to you. You may not disclose any information about Sportnesslab's pricing, metrics, member demographics or beta features. If you provide testimonials about our advertising services or reports to Sportnesslab, you report testimonials and announcements related to our promotion of advertising services. Sportnesslab reserves all of its intellectual property rights in the Advertising Services as described in the User Agreement.
Each party will comply with Applicable Law relating to the performance of this Privacy and Security Laws Agreement (for example, the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)), as well as the Data Processing Agreement where and as applicable). As provided in Sportnesslab's Privacy Policy, we may use device identifiers obtained inside and outside our Services for our Advertising Services, including to determine which devices our members may use and to offer them Ads on theirs. different devices. Each party will prominently post a complete and accurate privacy policy on their websites and mobile applications, including with regards to cross-device tracking and ad targeting. Sportnesslab may include a link to an alert and an advanced choice mechanism within or to your ads (for example, via an advertising option icon). Without limiting the prohibitions in the Advertising Policies or User Agreement, you will not associate, and will not authorize or authorize any third party to, (a) except with the explicit opt-in consent of the individual concerned, associate the data obtained in connection with Advertising Services ("Advertising Service Data") with data that is personally identifiable (as defined by Applicable Law) ("Personal Data")
Except as expressly provided in the Lead Gen Forms Terms in relation to Form Data, you may use Ad Service Data only on an aggregate and anonymous basis to underestimate the performance and effectiveness of your campaigns using the Ad Services and to publish your campaigns. Advertising service data includes form data and data collected through the pixels included with your ads. You agree to take steps to protect the privacy of advertising service data and to use appropriate security measures for advertising service data that comply with industry standards. You may only share Advertising Service Data with someone acting on your behalf, such as your service provider, provided that you are responsible for ensuring their respective compliance with this Ad Agreement and protecting their respective use of Advertising Service Data. on your behalf. Without limiting the foregoing, you must not: (i) sell the Advertising Service Data, (ii) sell the Advertising Service Data with data obtained by or on behalf of another advertiser, or (iii) other than for use solely on your behalf in accordance with this Ad Agreement, transferred Advertising Service Data (including anonymous, aggregate or derivative data) to any advertising network, ad exchange, data broker, or other advertising or monetization related service.
5. Disclaimer of Warranties.
This is our legal disclaimer for the use of advertising services
To the extent permitted by law, in addition to disclaiming all implied warranties and other warranties provided in the User Agreement, Sportnesslab disclaims all warranties as to the accuracy of the information on which the targeting categories are based (for example, information on the profile of the member or segments that you or provided by third parties), the match rate or changes to a story rate for your personal audiences, the rate at which the archive for your ads becomes available on properties, the nature and the content of the properties on which ads are served, the match rate per property list, the results of your campaigns and other uses of the Advertising Services.
6. Indemnity.
This is your indemnification obligation.
Notwithstanding any review or approval of any announcement by Sportnesslab, you agree to indemnify Sportnesslab and our affiliates and to hold Sportnesslab and our affiliates harmless from any damages, losses and costs, third party proceedings, arising out of or in connection with your ads, destinations, advertised goods, use of advertising services, and this ad agreement agreement
7. Limitation of Liability.
These are the limits of legal responsibility that each of us can have towards the other.
To the fullest extent possible by law, neither party including their respective affiliates will be liable to the other in connection with this Offered Agreement for lost profits or lost business opportunities, loss of data or any indirect, incidental, consequential damages. , special or punitive damages.
Neither party, including their respective affiliates, will be liable to the other in connection with this Advertising Agreement for an amount that exceeds the greater of (a) 5 times the total commissions paid or payable to Sportnesslab during the 1 month period prior to the event giving rise to liability or (b) EUR € 100.00.
These limitations of liability do not apply to the obligations of (i) payment, or indemnification of a party; (ii) liability for fraud, gross negligence or willful misconduct; (iii) liability for death or personal injury; or (iv) the other party's intellectual property right.
8. Agreement on data processing.
If either party processes Personal Data (as defined in Section 1 of the DPA) on behalf of the other under this Ads Agreement, we will each abide by the terms of Sportnesslab's Data Processing Agreement, currently available here.
9. MISCELLANEOUS.
Below are some important details about this Announcement Agreement, including changes to terms, surviving terms, the contracting entity of Sportnesslab, and dispute resolution.
The provisions of the User Agreement relating to terms, interpretation, notice and assignability of specific functions apply to this Agreement on Ads and Advertising Services. Neither party relies on any commitment, promise, assurance, representation, representation, warranty or certification (whether in writing or not) of any person (party to this announcement agreement or not) in connection with the subject matter of this Agreement on Agreements, other than as indicated in this Announcement Agreement. This Ad Agreement does not create a partnership, agency relationship, employment relationship or joint venture between the parties.
Sportnesslab may change the terms of this Ads Agreement by notifying you (for example, by a notice displayed in the Advertising Services, email, text message or post) and both parties agree that the changes cannot be retroactive. If you do not agree to these changes, you must stop using the Advertising Services. The following provisions of this Announcement Agreement survive its termination: Sections 2 to 4, as well as Sections 6 to 9.
The Sportnesslab entity entering into this Advertising Agreement with you is agreed upon under the Contracting Entity Terms. If a problem arises under this Ads Agreement (including disputes or non-contractual claims) and the contracting entity under the Contracting Entity Terms is Sportnesslab srl, this Ads Agreement is governed by the laws of the Italian State and any action or proceeding (including those arising from non-contractual disputes or claims) relating to this Advertising Agreement will be brought in an Italian court.
Each party irrevocably submits to the jurisdiction and seat of the applicable courts. The prevailing party in any dispute may seek to recover their legal fees and expenses. Notwithstanding the foregoing, if you have your registered office within the European Union, Sportnesslab may accept a European dispute referral of a dispute of the following mediation service providers in the first instance, due to the nature of the dispute, such referral is probable to reach a prompt and definitive solution.