Self Serve Ad Terms

The following terms (the “Self-Serve Advertising Terms” or “Self-Serve Ad Terms”) apply to your use of Nightlife Media Products (such as the self-service advertising interfaces and APIs) for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”) and any order you place through the Self-Serve Ad Interfaces (“Order”).

You can target your desired audience by buying ads to be delivered on our Nightlife Media network of sites, applications, and publishing partners, or any place we serve ads.

When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we use best efforts to deliver the ads to the audience you specify or to achieve the outcome you select, though we cannot guarantee in every instance that your ad will reach its intended target or achieve the outcome you select.

Your ads must comply with all applicable laws, regulations, and guidelines, as well as our
Advertising Policies. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.

We may reject or remove any ad for any reason.
You will pay for your Orders in accordance with the following:

You will comply with our Community Payments Terms to the extent applicable;

You will pay all amounts specified in each Order you place, along with any applicable taxes. The amount you owe for each Order will be calculated based on our tracking mechanisms.

By placing an Order, you authorize us to obtain your personal and/or business credit report from a credit bureau, either when you place an Order or at any time thereafter.

You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any Orders placed on or through your advertising account.

If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range.

You can cancel an Order at any time, but your ads may run for 24 hours after you notify us, and you are still responsible for paying for all ads that run.

The amounts we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify and hold us harmless from and against any claim arising out of your failure to do so.

If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection, including reasonable attorneys' fees. Past due amounts will accrue interest at 1% per month or the lawful maximum, whichever is less.

We may allow you to purchase ads with an “Advertiser Balance,” which is a pre-paid balance that can be used solely to purchase ads on Nightlife Media. Advertiser Balances are only for business or commercial purposes. Advertiser Balances are non-refundable except where required by law. Nightlife Media is not a bank and does not offer banking services; accordingly, Advertiser Balances do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.

You will fall under one of two categories depending on your payment method: invoiced or non-invoiced client. Invoiced clients are those to whom Nightlife Media extends a credit line and issues invoices on a periodic basis for payment in accordance with the applicable invoicing terms. Non-invoiced clients are those who make payments at the time of purchase itself. In its sole discretion, Nightlife Media may classify clients as invoiced clients based on factors such as ad spend and creditworthiness.

From time to time, we need to test improvements to our audiences and delivery systems, which could impact your advertising. Our testing is designed to improve the effectiveness of your advertising performance. We reserve the right to test when we believe it will be beneficial for advertiser performance.

We will determine the size, placement, and positioning of your ads.

Scheduling of delivery is subject to availability and may not be continuous.

We do not guarantee the reach or performance that your ads will receive, such as the number of people who will see your ads or the number of clicks your ads will get.

We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.

Our license to deliver your ad will end when we have completed your Order. You understand, however, that:

Once displayed, ads are public information. Ads may be re-shared and accessed outside of the targeted audience (including from the Nightlife Media Page running the ads or within Nightlife Media Products). If users have interacted with your ad, your ad may remain on our Products (e.g., shared until the users delete it or visible to users through their account tools).

If your ad is a political ad, Nightlife Media may display (at no cost to you) and provide access to the ad content and creative, and information about the ad campaign (such as total spend and delivery data) for a period of seven (7) years from the completion of your order.

You consent that Nightlife Media may disclose your advertising content, and all information associated with your advertising, to a governmental entity or body if Nightlife Media believes that disclosure would assist in a lawful investigation.

We will provide you with reports about the kinds of people seeing your ads and how your ads are performing. Your use of these reports is subject to the Data Use Restrictions in our Advertising Policies.

We offer tools to provide transparency to our users about how Nightlife Media advertising works, including information sufficient to show them why they are being shown specific ads. You agree that information associated with your advertising may be included in these tools.

You will not issue any press release or make public statements about your relationship with Nightlife Media or the Nightlife Media Products without our prior written permission.

If you are placing ads on someone else's behalf, you must have permission to place those ads, and agree as follows:

You represent and warrant that you have the authority to bind the advertiser to these Self-Serve Ad Terms and the Terms of Service, including the Commercial Terms.

If the advertiser you represent violates these Self-Serve Ad Terms or the Terms of Service, including the Commercial Terms, we may hold you responsible for that violation.

You agree that we may provide campaign reporting information to the end advertiser for whom you placed a campaign.

We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through the Self-Serve Ad Interfaces. To the extent those supplemental terms conflict with these Self-Serve Ad Terms, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these Self-Serve Ad Terms from time to time and your continued use of the Self-Serve Ad Interfaces constitutes acceptance of those changes. Nightlife Media, Inc. contracts with you under these Self-Serve Ad Terms, except that advertisers in some countries may under certain circumstances contract directly with Nightlife Media affiliate companies solely for purposes of ordering ads. If applicable to you, you can find special provisions applicable to your Orders from those affiliates. These Self-Serve Ad Terms will terminate in the event of any termination of the Terms of Service, but the following provisions will still apply: the lead-in paragraph, Sections 2, 4, 8-12 and this paragraph.

Effective Date: September 13, 2018.

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