Terms of Service
Revision date: 14/01/10
DEFINITIONS & OVERVIEW
This is the LiveSpring Media Terms of Service agreement, referred to recursively as "terms", and governs the actions related to the use of LiveSpringMedia.com, or any such site operated by LiveSpring Media, referenced by "website", by an advertiser, media partner, publisher, regular viewer or anyone who visits or uses the site (collectively "user", "you", "your", etc.). "LiveSpring", "us" or "we" refers to the sole owner and operator of *.livespringmedia.com and related websites. By browsing and/or using the website you agree to fully comply with and be bound by all the clauses outlined in the terms, in conjunction with associated policies.
Your use of this website is subject to the following terms and conditions.
GENERAL WEBSITE CONTENT
- You agree that the content presented on this website is subject to change at any time without notice and is for your general information and use only.
- You agree that neither we nor any third party will warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- You agree that your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- You agree that this website may contain material which is owned by or licensed to us. This includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms.
- You agree that while you contribute, all trademarks reproduced in this website which are not the property of, or licensed to you, will bear acknowledgement on the website to the owner or operator.
- You agree that unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- You agree that this website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We will take no responsibility for the content of the linked website(s).
- You agree that your use of this website and any dispute arising out of such use of the website is subject to the laws of Jamaica.
PUBLISHERS
Definition
A publisher is a user who uses the website to post links to external content that they are sharing online (via LinkShares.net), or a user who displays ads on their websites from the LiveSpring advertisement network. A publisher may create a separate account that will be used as an adertiser, as some terms specifically refer to advertisers or publishers.
Revenues & Payments
- Payments will be made to you when your account satisfies a minimum quota. You agree that payment quotas may change, and that funds credited to your account may be unavailable until the quota is satisfied.
- Amounts credited to your account are calculated using proprietary formulas developed by LiveSpring. You agree that we reserve the right to determine how much revenue you shall gain by your engagement in the offered services, and that however much is determined, we reserve the right to hold this information private.
- You agree that the amount of revenue that you receive for a given action, may change at anytime without notice.
- You agree that at anytime we may hold back your finances if there is any discrepancy with your account including but not limited to forgery, invalid clicks, excessive clicks, unusual figures or general violation of policies.
- You agree to take full responsibility for the accuracy of payment information provided. In our rights, we will not be liable for misplacement of funds that were supposed to be paid to you.
Tax Information
- You agree that we reserve the right to collect your tax information and store it solely for our purposes of verification.
- You agree that your tax information could be divulged to Government or any legal body requesting such information with the right permissions.
Invalid Clicks
Invalid clicks refer non-exclusively to clicks initiated on ads through your own links, or those generated through encouragement of others to click.
- You agree to not click on your own ads or influence anyone whether by force or by suggestion to click on your ads.
- You agree that in the event that invalid clicks are detected, however long after your account was credited, that your account my be adjusted to cover the cost of invalid clicks.
- You agree that LinkShares reserves the right to hold private all methodologies used to determine invalid clicks, as well as data and findings that support such conclusions.
ADVERTISERS
Content Type
- You agree that pornographic content must be specified as such before posting via do-it-yourself tools provided by LiveSpring, and that if found in the wrong place, such content will be removed without prior notice.
- You agree not to place advertisements that promote illegal activities including but not limited to banned substance use, child pornography, privacy invasion and other civil and criminal offences.
Refund Policy
- You agree that refunds for advertisement fees are based solely on the discretion of LiveSpring.
- You agree that refunds will be void if you violate any policy specified in the terms or other policies set by LiveSpring.
Guarantees
- You agree that we do not guarantee hits for your website by advertising with us.
- You agree that we will not be held liable for damages done to your business by advertising with us.
- You agree that we reserve the right to change the prices for our services at any time without notice.
TEMINATION OF SERVICES
If we are unsatisfied with the status of your account at anytime, whether public user account, advertising account or any other, or for any other reason besides dissatisfaction, you agree that we may close your account instantly. If at the time of closure your account has collectible funds, we will make a decision on how to refund you, depending on the nature of the closure and our discretion.
GENERAL CONTENT SUBMISSION
- You agree that we reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms in any manner may be removed from our systems without notice. Among many, this includes comments on our social integrated websites.
- You agree to not post links to sites that promote illegal activities whether as a publisher or an advertiser or both.
SERVICES
- You agree that we do not guarantee you that you will have access to all the products, services or data that we offer or generate for an indefinite time.
- You agree that the data generated through our system is owned by us, and that we do not guarantee that this data will be always available to you.
- You agree not to resell the services or products offered by LinkShares, but instead utilise our affiliates program.
SUBMISSION OF INFORMATION
You agree that information submitted through the website is true to the best of your knowledge. This includes your name(s), address(es), tax ID, telephone numbers and all other pieces of information submitted either for payments or general contact information as an advertiser.
MODIFICATIONS OF TERMS
LinkShares reserves the right to revise its policies at any time without notice.
INDEMNIFICATION
- You agree to defend, indemnify, save and hold LiveSpring, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LiveSpring, its agents, its publishers, advertisers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assignees.
- You agree agrees to defend, indemnify and hold harmless LiveSpring against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LiveSpring; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to your through LiveSpring channels.
AVAILABILITY OF SERVICE
While we try to maintain a stable environment, we do not warrant or guarantee that our websites will be uninterrupted or error-free. You agree to accept responsibility for call charges sustained as a result of automatic connection to the internet due to advertisers page refresh commands or for any reason. It is the your responsibility to disable automatic connection in their Internet settings.