The following General Terms and Conditions (T&Cs) shall apply to all Publishers for the use of the InfoBarrel Ad Service. InfoBarrel reserves the right to modify the T&Cs at any time without prior notice. They are available at the following address:
1 - InfoBarrel Ad Service Description
The InfoBarrel Ad Service benefits InfoBarrel publishers, by providing Publisher with the opportunity for InfoBarrel to fill publisher’s advertising inventory on the InfoBarrel publishing platform. If Publisher opts into InfoBarrel Ad Service, InfoBarrel will monetize Publisher’s advertising inventory either directly or through a third party. Participation in the InfoBarrel Ad Service is subject to Publisher’s continued compliance with the T&Cs. InfoBarrel reserves the right to refuse participation to any applicant or participant at any time in InfoBarrel’s sole discretion. Publisher’s continued use of the InfoBarrel Ad Service shall be deemed acceptance of these T&Cs.
2 - License Grant
InfoBarrel hereby grants Publisher a worldwide non-exclusive, non-transferable, right to use the InfoBarrel Ad Service, subject to these T&Cs for the duration of the T&Cs. InfoBarrel and its licensors reserve all rights not expressly granted to Publisher. InfoBarrel reserves the right to rescind Publisher's license to the InfoBarrel Ad Service at any time in its sole discretion. By using the InfoBarrel Ad Service, Publisher agrees that InfoBarrel may serve third-party advertisements ("Ad Units") on Publisher’s content posted on the InfoBarrel platform, InfoBarrel Internet-enabled applications, and other online environments operated by Hinzie Media Inc where the Publisher has authorized their content to be published . Multiple accounts held by the same Publisher are subject to immediate termination unless expressly authorized in writing by InfoBarrel. If approval has been given for multiple accounts, each account is treated individually and any earnings generated will be treated as individual accounts. Consolidation of earnings between multiple accounts will not be granted.
3 - Prohibited Content
"Prohibited Content" includes indecent material, promotion of drugs or illicit substances, weapons, pharmaceuticals, obscene, adult or pornographic material, hate speech, subject matter that is highly objectionable, material that promotes or allows download of software viruses or other malware, or any material that is itself illegal or which improperly references illegal activities.
4- Publisher Warranties
Publisher represents and warrants that:
a) all of the information Publisher has provided and shall in the future provide to InfoBarrel is accurate and current;
b) Publisher has all necessary and legal rights, powers, and authority to accept and be bound by these T&Cs and to perform the acts required of Publisher hereunder;
c) Published content do not display, reference, link to, or endorse Prohibited Content;
5- Prohibited actions
1. Publisher shall not, directly or indirectly:
a) use in connection with any form of the following advertising to promote InfoBarrel content: URL re-directions, framing techniques , pop-up windows, new consoles or other items or techniques that would alter the appearance, presentation or functionality of any advertiser's web site from that seen by users hand-entering the applicable URL into their browser;
b) generate impressions or clicks on pages containing InfoBarrel advertisements through any fraudulous means including automated requests or intentionally clicking advertisements
c) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the InfoBarrel Service, InfoBarrel Ad Tags, InfoBarrel's other software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the InfoBarrel Service or proprietary information related thereto;
d) integrate any website containing software viruses, worms, Trojan horses or other harmful computer code into the InfoBarrel Service or otherwise interfere with or disrupt the integrity or performance of the InfoBarrel Service.
Participating in any activities listed under section 5 of this agreement will result in the immediate termination of your account. Any outstanding monies owed will be withheld.
2. Publisher shall defend, indemnify and hold InfoBarrel (Hinzie Media Inc) harmless from and against any suit, proceeding, assertions, damage (direct or indirect), cost, liability and expenses (including court costs and legal fees), incurred as a result of any breach of this clause.
6 - Payment
All amounts earned and to be paid to Publisher will be calculated solely on the basis of InfoBarrel’s statistics (“Publisher Earnings”). A 45-day period will be necessary to validate purchases; InfoBarrel will carry out systematic fraud detection. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by InfoBarrel in its sole discretion. Should a publisher qualify for payment, payment will be made 45 days following the month during which the impressions delivered to InfoBarrel reach an amount of fifty US dollars (50), excluding taxes (45 days after end of month payment). Publisher Earnings are quoted exclusive of any taxes but the payment made by InfoBarrel to the Publisher shall be inclusive of any and all taxes, including VAT when applicable. The Publisher shall be responsible for the payment of all applicable taxes and the remuneration paid here-above shall not be adjusted upward to account for such taxes. Payments will not be sent under any circumstance until Publisher has reached the 50 US Dollar minimum threshold.
7 - Termination - Survival
InfoBarrel reserves the right to immediately terminate these T&Cs at any time by blocking Publisher's access to the InfoBarrel Service. InfoBarrel shall notify its termination decision to Publisher. Publisher may also terminate these T&Cs at any time by withdrawing from the program.
8 - Confidentiality
Publisher agrees not to disclose to any third-parties
(i) any communications between InfoBarrel and Publisher or Publisher's representatives related to the InfoBarrel Service;
(ii) all InfoBarrel software, technology, programming, specifications, materials, guidelines and documentation relating to the InfoBarrel Service;
(iii) any information regarding the InfoBarrel Service that a reasonable person familiar with the Internet and online advertising would consider proprietary and confidential; and,
(iv) any written materials or oral presentations designated by InfoBarrel as "Confidential" or an equivalent designation at the time of disclosure ("Confidential Information").
9 - Account identifiers
When setting up the Publisher’s online Publisher account, the Publisher will choose unique and personal account identifiers, including a login and password. The Login (i) identifies the account and (ii) allows him to connect to the Publisher access area.
The Login cannot be changed and identifies the Publisher’s account uniquely and permanently. The password is specific to the account and the Publisher is not authorized to sell, transmit, sublicense or disclose it to third parties. The Publisher is responsible for the Publisher’s password and undertakes to keep it confidential. The Publisher is fully responsible for the activity on the Publisher’s account. Passwords can be modified by InfoBarrel in the case of loss or theft of passwords, or if the Publisher suspects that a third party might be able to use them. The Publisher is responsible for the accuracy of the information associated with the account (especially the contact details and payment details). InfoBarrel cannot be held responsible for any unauthorized access to the Publisher’s account, or for any modification, deletion or impairment affecting all or part of the information the Publisher will give InfoBarrel in the context of using the Publisher’s access account.
10 - Disclaimer
INFOBARREL (HINZIE MEDIA INC) HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFOBARREL AD SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. INFOBARREL DOES NOT WARRANT THAT THE INFOBARREL AD SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE AND IT IS POSSIBLE THAT THE INFOBARREL AD SERVICE MAY BE INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME. INFOBARREL MAKES NO REPRESENTION OR WARRANTY ABOUT THE RESULT PUBLISHER WILL OBTAIN THROUGH THE INFOBARREL AD SERVICE INCLUDING THE LEVEL OF AD UNIT IMPRESSIONS OR CLICKS ON ANY AD UNIT OR THE TIMING OF DELIVERY OF SUCH IMPRESSIONS AND/OR CLICKS UNDER THESE T&CS. INFOBARREL IS NOT RESPONSIBLE FOR THE RECEIPT OF QUERIES FROM END USERS OF THE SITE(S) OR THE TRANSMISSION OF DATA BETWEEN THE SITE(S) AND INFOBARREL.
11 - Limitation of Liability
NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW EACH PARTY’S LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM OR RELATED GROUP OF CLAIMS, FOR WHATEVER CAUSE; WHETHER IN AN ACTION, IN CONTRACT OR IN TORT OR OTHERWISE, WILL BE LIMITED TO GENERAL MONEY DAMAGES AND SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE FEES ACTUALLY PAID DURING THE IMMEDIATE PRECEDING 12 MONTHS.
12 - Publisher's Obligation to Indemnify
Publisher agrees to indemnify and hold harmless InfoBarrel, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") against any third- party claims, arising from (a) any alleged violation of privacy; (b) any alleged infringement of the third party's copyright, patent, trade secret, trademark or other intellectual property rights; (c) any breach by Publisher of Publisher’s Warranties; and (d) any alleged violation of applicable laws, rules, and regulations.
13 - InfoBarrel Intellectual Property Rights
Each Party agrees that it will not acquire right, title, or interest in or to the other Party’s intellectual property rights except as set forth in these T&Cs.
14 - Miscellaneous
The laws of British Columbia, Canada, shall govern these T&Cs. Publisher agrees to jurisdiction and venue for any dispute or claim arising out of or in connection with these T&Cs in Port Coquitlam. These T&Cs constitute the entire agreement between the parties with respect to the subject matter hereof. It is subject to change, at any time, by InfoBarrel by posting new or amended T&Cs on the InfoBarrel Web site. It is Publisher's responsibility to regularly review InfoBarrel's web site for changes to these T&Cs. Publisher's continued use of the InfoBarrel Ad Service after InfoBarrel posts new T&Cs shall act as Publisher's agreement to any changes. InfoBarrel's failure to require performance of any provision shall not affect InfoBarrel's right to require performance at any time thereafter, nor shall InfoBarrel's waiver of any breach or default of these T&Cs constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of these T&Cs will remain in full force and effect. Publisher may not resell, assign, or transfer any of its rights hereunder. Notwithstanding the foregoing, InfoBarrel may assign these T&Cs to any third- party at any time without notice.
Hinzie Media Inc
#201-2080 Hartley Ave
Coquitlam, BC, Canada
Date of the last T&Cs modification: February 28, 2013