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Terms of Service

Last Updated February 1, 2024

Welcome to Shoppr.tv! By using our services, you're agreeing to these Terms of Service ("ToS"). These ToS form a legal agreement between you (referred to as "Customer") and Shoppr.tv, Inc. ("Shoppr.tv" or "Shoppr").
Both parties (referred to as the "Parties" and individually as a "Party") recognize the significance of this agreement and agree to its terms. By utilizing our services, you and Shoppr.tv are entering into a mutually beneficial partnership.

Agreement:

  • When utilizing our Ad Services, Shoppr.tv, you are bound by these Shoppr.tv Terms of Service.
  • If you use the Ad Services on behalf of a third party, you must obtain proper authorization to do so.
  • If you access or use the Ad Services on behalf of a business or third party, you affirm that you have the authority to act on their behalf and to bind them to these Terms of Service. Your acceptance of these Terms of Service will be considered as their agreement. In such cases, Shoppr.tv may hold you accountable for any breaches of these Terms of Service by that business or third party, and terms such as "you," "your," and "party" will also encompass that business or third party.


Ad Services


Overview:

We strive to optimize your campaigns and provide you with optimization options. Your use of the Ad Services must adhere to Applicable Law and all relevant terms. You are accountable for the use of the Ad Services through your account. If you use the Ad Services for a business, that business may receive information about your usage and have the authority to remove you from its accounts.

We reserve the right to reject ads, modify or terminate the Ad Services, and participate in auctions for ads on the Ad Services. The Ad Services are designed to improve the effectiveness of your campaigns. Shoppr.tv may offer you options regarding automated optimizations and may, with your consent, manually assist you with your campaigns.


You are responsible for:

  • All ads and content submitted by or on your behalf through the Ad Services or to Shoppr.tv, including creatives, text, images, branding, URLs, tags, and pixels (referred to collectively as "Ads").
  • All ad trafficking or targeting decisions made by or on your behalf. All content and property to which Ads direct viewers (referred to as "Destinations").
  • All services and products advertised on Destinations ("Advertised Goods").

Shoppr.tv will determine the size, placement, and positioning of your Ads, and will serve them as inventory becomes available on the Properties. Your Ads, Destinations, Advertised Goods, and use of the Ad Services must comply with the Terms of Service and all applicable laws, self-regulatory rules, industry rules, and governmental requirements.


You are responsible for any activity conducted through your account, including purchases made or charges incurred. If you use the Ad Services on behalf of a business, Shoppr.tv may share information about your purchases and use of the Ad Services with that business. If that business indicates that you are no longer authorized to place ads on its behalf, you agree you may be removed from accounts associated with that business.


You agree not to:

  • Engage in illegal or fraudulent conduct (e.g., discrimination against protected classes) through the Ads, Destinations, Advertised Goods, or use of the Ad Services.
  • Use any automated means or form of scraping or data extraction to access, query, or collect information from the Properties unless expressly authorized by Shoppr.tv.
  • Copy, modify, or create derivative works of the Ad Services or any related technology unless expressly authorized by Shoppr.tv.
  • Provide Ads that assert or imply personal characteristics.
  • Provide Ads that contain malware, spyware, or any other malicious code, or otherwise interfere with the operation of the Ad Services or any device or system, or breach or circumvent any security measure of Shoppr.tv or a third party.

Shoppr.tv reserves the right to reject, remove, or withhold delivery of any Ad at any time for any reason, including to comply with Applicable Law.

In its sole discretion, Shoppr.tv may modify or terminate any part or all of the Ad Services, suspend your ability to use the Ad Services or take such actions if you do not meet Shoppr.tv’s credit approval requirements. Shoppr.tv and its affiliates retain the complete and unqualified right to serve advertisements for their own products and services and to participate in auctions through the Ad Services to serve such advertisements.


The Ad Review Process:

To uphold the professionalism and integrity of Shoppr.tv, ads undergo an approval process before running. Our ad review process ensures compliance with the policies outlined below. We endeavor to review ads promptly, typically within 24 hours.


What to do if your Ad is rejected:

If your ad is rejected, we'll provide the reason in Shoppr.tv and also via email. You have the option to edit your ad to comply with our policies and resubmit it. For further inquiries, please contact us.


Prohibited Content:

  • Illegal Products, Services and Activities: Ads promoting illegal products, services, or activities are prohibited. Ads must adhere to all applicable laws, including those governing ad content and targeting.
  • Discrimination: Shoppr.tv prohibits discrimination based on age, gender, disability, religion, ethnicity, race, color, national origin, or sexual preference. Ads must comply with anti-discrimination laws, including those related to education, housing, credit, and employment.
  • Offensive to Good Taste: Ads must not be offensive, hateful, vulgar, sexually suggestive, or violent. Shoppr.tv may determine that previously acceptable ads are no longer appropriate as policies evolve to reflect new laws or clarify positions.
  • Fraud and Deception: Ads must be truthful and accurate. Products or services must align with ad content, and claims must be factually supported. Deceptive claims about competitive products or unauthorized affiliations are prohibited.
  • Trademark Infringement: Ads must not use third-party trademarks without express permission. Trademarks, logos, or company names should not confuse users or imply affiliation without authorization.
  • Copyright Infringement: Ads must not use third-party copyrights without express permission.
  • Fake Documents and Related Services: Ads for fake documents and related services are prohibited.
  • Tobacco Products: Ads for tobacco products, including cigarettes, e-cigarettes, or tobacco-related equipment, are prohibited. Promotional material for tobacco cessation products or services is allowed.
  • Drugs: Ads related to illegal, prescription, over-the-counter, or recreational drugs are prohibited.
  • Weapons, Fireworks, and Other Violent Products or Services: Ads promoting weapons, ammunition, fireworks, or violent products or services are prohibited.
  • Adult Content: Ads containing adult content, including products and services, are prohibited.
  • Ringtones: Ads for downloadable ringtones are prohibited.
  • Counterfeit: Ads for counterfeit goods are prohibited.
  • Occult Pursuits: Ads for fortune telling, dream interpretations, and horoscopes are prohibited, except for amusement purposes.
  • Sensitive Events: Ads deemed inappropriate during tragedies, disasters, or sensitive events are prohibited.
  • Hacking, Cracking, and Circumvention: Ads promoting hacking, cracking, or circumvention products or services are prohibited.
  • Incomplete Ad: Incomplete ads will be rejected. If your ad is rejected for incompleteness, please finalize it and resubmit.

Restricted Content:

  • Alcohol: Ads for alcoholic products are subject to restrictions and may only be available in certain countries. Please contact our support team if you're interested in placing an ad related to an alcoholic product.
  • Animal Products: Shoppr.tv may limit ads for animals or animal products. Ads for products related to endangered species are prohibited.
  • Dating Services: Ads for dating services are subject to restrictions and must not target members under 18. The services must be legal in the applicable jurisdiction and must not involve compensated participation in dates ("escort type" services). Shoppr.tv reserves the discretion to assess the appropriateness of the service.
  • Soliciting Funds: Ads for soliciting funds are restricted. Shoppr.tv allows ads soliciting funds if they comply with applicable laws and qualify as tax-deductible or charitable in the applicable jurisdiction.
  • Medical Devices and Treatments: Shoppr.tv may limit ads for medical devices and treatments.
  • Short-term Loans and Financial Services: Ads for payday loans, paycheck advances, or similar short-term loan products are restricted.
  • Health Matters: Ads promoting unrealistic or misleading health claims, including those related to diet and weight loss, are prohibited. Ads promoting unhealthy or unsafe behaviors, such as excessive consumption, are also prohibited. Shoppr.tv reserves the right to restrict advertising related to any health matter if inappropriately targeted.
  • Affiliate Advertising: Shoppr.tv may restrict ads related to affiliate advertising.
  • Political: Shoppr.tv may restrict political ads, including those advocating for or against a particular candidate, party, or ballot proposition; fundraising for or by political candidates, parties, political action committees, or similar organizations; and ads exploiting a sensitive political issue, even without an explicit political agenda.
  • Gambling and Sweepstakes: Shoppr.tv may restrict ads related to gambling or sweepstakes of any kind.
  • Cryptocurrency: Shoppr.tv may restrict ads related to the buying, selling, or trading of cryptocurrencies.

Safety and Privacy:

  • Harm to Shoppr.tv or its Members: Ads must not promote products, services, or actions that breach this Agreement or may cause harm to Shoppr.tv or its members.
  • Fair and Legal Billing Practices: Advertised products and services must adhere to fair billing practices and comply with all relevant laws.
  • Malicious Software/Browser: Ads must not promote, install, or distribute viruses, worms, spyware, malware, or other malicious software. Software installation should require user permission and be easily removable. Software features must be transparent, without undisclosed functions that could harm the user or their data, software, or devices. Exploiting browser flaws or bypassing security restrictions is prohibited.
  • Phishing: Ads must not promote websites that deceive users into providing personal information.
  • HTTPS and HTTP Support: If the linked site collects sensitive information, it must use HTTPS. Sensitive information includes financial, government-issued identification, medical, login, and other sensitive data.
  • Link Behavior: Ads must not deceive or confuse users clicking on them. The Display URL domain must match the Destination URL domain. Users must be directed to the same landing page without pop-ups, and the landing page must allow navigation away from it.
  • Privacy: Advertisers must comply with privacy and data protection laws. Tracking users across sites using cookies requires full disclosure and user consent.
  • Targeting on Sensitive Characteristics: Ads must not target based on sensitive categories such as health, political affiliation/beliefs, racial or ethnic origin, religious or philosophical affiliation/beliefs, alleged/actual commission of a crime, sexual behavior/orientation, trade union membership, or income.

Fees, Balance, Payment, and Cancellation:

  • The Customer’s credit card on file will be charged in advance an amount equal to the upcoming 5 days of the campaign, based on the daily budget established in the campaign creation process. Subsequent charges will be made every 5 days for the entire duration of the campaign, either at the pre-defined campaign end-date or upon the customer’s cancellation of an ongoing campaign.
  • Any remaining balances will be credited to the Customer’s account and can be used for other campaigns. The Balance can be partially or fully withdrawn upon request to support@shoppr.tv. Wire transfers to the party will be processed within 10 business days.
  • You agree to pay the total amount shown when a campaign or order was submitted through your account, including prices per impression, click, conversion, lead, or period. This encompasses fixed or automatically optimized bids, daily budget, lifetime pacing, or other budget options. Additionally, you agree to pay all applicable taxes, government charges, and foreign exchange fees, including federal, state, and local taxes such as sales, use, VAT, GST, and similar transaction taxes. You will not be liable for income taxes imposed on Shoppr.tv.
  • The party is responsible for paying Fees for Transactions made through the Ads services, regardless of the payment terms between the Customer and their clients.
  • Payments must be made in U.S. dollars. The Customer is responsible for payment for any Transactions purchased using the Services, regardless of the payment terms or speed of their Advertisers.
  • Disputes regarding billing errors must be reported to Shoppr.tv within 10 days of the closing date of the last day of the calendar month in which the error or problem occurred to receive an adjustment or credit.
  • Unpaid amounts not disputed may incur a finance charge of 1.5% per month on any outstanding balance or the maximum permitted by Applicable Laws, plus collection expenses, and may result in immediate termination of Service.
  • The amount owed will be calculated based on Shoppr.tv's tracking mechanisms. Shoppr.tv is not liable for click fraud, fraudulent leads, technological issues, or other potentially invalid activity by third parties affecting the cost of running Ads. Your exclusive remedy for suspected invalid activity is to claim an Ad Services credit within 90 days of the activity, and Shoppr.tv's exclusive liability is to issue Ad Services credit at its discretion. Ad Services credit is non-refundable and non-transferable and must be used before termination of the Terms of Service or your account.
  • If payment fails, all campaigns will be inactive until the pending fees are paid in US dollars. Metrics reported by Shoppr.tv and its Providers are decisive for calculating owed amounts.

Promotions and Discount Codes:

Shoppr.tv may issue discount codes for use by clients on the platform, subject to the following terms:

  • Shoppr.tv reserves the right to block or deactivate discount codes at any time without notice or liability.
  • You are responsible for charges exceeding the value of the promotional credit. To manage spending, you can set a daily budget and campaign end date. Additionally, you can pause and resume campaigns as needed.
  • Discount codes are only applicable through the Shoppr.tv platform.
  • Discount codes cannot be combined with other offers or discounts or applied to previous transactions.
  • Promotional credit is non-transferable and cannot be redeemed for cash or other services.

Intellectual Property Rights and Privacy:

  • License to Ads: You grant us a license to use your ads to perform the Ad Services.
  • Feedback and Testimonials: We may use feedback and testimonials you choose to provide.
  • Confidential Information: Shoppr.tv's pricing, metrics, member demographics, and beta features are confidential.
  • Sensitive Data: You may not target Ads based on Sensitive Data.
  • Use of Ad Services Data: You may use Ad Services Data only on an aggregate and anonymous basis to assess campaign performance and effectiveness. You must protect the confidentiality of Ad Services Data using industry-standard security safeguards.
  • License to Use Ads: You grant Shoppr.tv a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, and publish your Ads in connection with the performance of the Ad Services, including testing, compliance, marketing, and promotional purposes. You represent and warrant that you own or have all necessary rights, including intellectual property rights, to your Ads.
  • Feedback Usage: If you provide suggestions and feedback to Shoppr.tv, you agree that we can use and share such feedback for any purpose without compensation to you. You may not disclose any information about Shoppr.tv's pricing, metrics, member demographics, or beta features. Testimonials and Ads you submit to Shoppr.tv may be posted in connection with our promotion of the Ad Services.
  • Compliance with Applicable Law: Each party will comply with Applicable Law relating to its performance of this Terms of Services, including privacy and security laws such as 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.

Disclaimer of Warranties:

To the extent permitted by law, in addition to disclaiming all implied warranties, Shoppr.tv disclaims all warranties regarding the accuracy of the information on which targeting categories are based (e.g., member profile information or segments provided by you or third parties), the match rate or changes to such rate for Matched Audiences, the availability rate of inventory for your Ads on the Properties, the nature and content of the Properties on which Ads are served, the match rate for block lists of Properties, the results of your campaigns, and other uses of the Ad Services.


Indemnity:

Notwithstanding any review or approval of any Ad by Shoppr.tv, you agree to indemnify and hold Shoppr.tv and our affiliates harmless from any damages, losses, and costs (including reasonable attorneys' fees) related to third-party claims or proceedings arising out of or related to your Ads, Destinations, Advertised Goods, use of the Ad Services, and breach of this Terms of Services.


Limitation of Liability:

To the fullest extent permitted by law, neither party, including its respective affiliated companies, will be liable to the other in connection with this Terms of Services for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special, or punitive damages.


Neither party, including its respective affiliated companies, will be liable to the other in connection with this Terms of Services for an amount that exceeds the greater of (a) 5 times the total fees paid or payable to Shoppr.tv during the 1-month period before the event giving rise to the liability or (b) USD $100.00.


These limitations of liability do not apply to a party's (i) payment, confidentiality, or indemnification obligations; (ii) liability for fraud, gross negligence, or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party's intellectual property rights.


Miscellaneous:

  • No Reliance: Neither party relies on any undertaking, promise, assurance, statement, representation, warranty, or understanding (whether in writing or not) of any person (whether a party to this Terms of Services or not) relating to the subject matter of this Terms of Services, other than as stated in this Terms of Services. This Terms of Services does not create a partnership, agency relationship, employer relationship, or joint venture between the parties.
  • Changes to Terms: Shoppr.tv may change the terms of this Terms of Services by notice to you (for example, by a notice displayed in the Ad Services, email, text message, or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Ad Services.
  • Governing Law: The internal laws of the State of Florida, but not the choice of law rules, govern this Agreement.

How to contact us

Shoppr LLC.

privacy@shoppr.tv


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