Content
There are a few restrictions on the sites you, as a publisher, can put our ads on.
Privacy Policy and Terms of Service
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Comicad Network Advertising Corporation ("Comicad Network") believes that your personal information
deserves protection and we subscribe to the privacy principles set out in the Government of Canada's Personal
Information Protection and Electronic Documents Act. This privacy policy describes our practices regarding the
collection, use and sharing of your personal information. By using our website you consent and agree to the
collection, use and disclosure of personal information and to the privacy practices set out in this policy.
Comicad Network expressly reserves the right to change this privacy policy at any time.
General Statistics Comicad Network may collect and share non-personally-identifiable information about you, including property URLs, property statistics, and similar information with advertisers, business partners, sponsors, suppliers, service providers and other third parties. We may also use personal information and data collected through your emails and use of our website to generate statistics and aggregate reports for internal use and for sharing with our affiliates. These statistics and aggregate reports will not contain any information that could identify you personally. How do we collect and use personal information? Comicad Network is in the business of online advertising. As part of providing this service, we collect personal information from our users in a number of ways. Unregistered members: We only collect anonymous usage statistics. Registered members: Registration form information is collected through our platform upon account creation and stored in our database. Either your first name and last name or your company name is displayed publicly on your profile page and on various pages throughout the system, including without limitation in search results on publisher properties, during an auction process, and on ad box information pages; the option of which to display is controlled under your account options. You have the option of uploading a user image and selecting a user name: these pieces of information are also displayed publicly on your profile page and on various pages throughout the system. How do we use cookies? We also collect some anonymous (non-personal) information from visitors to our website through the use of cookies. Cookies are used on most websites. They are text files with a unique identification number that are transferred from a web site to the hard drive of your computer. Cookies are only used to identify your computer but they do not save any personal information about you such as your name or address. Most browsers can be set up to accept or reject cookies, or simply notify you each time a cookie is set by a website you visit. We currently use cookies to store your log in to comicad.net and measure ad conversions. How do we protect your personal information? We collect your personal information onto servers hosted by a reputable third party website hosting company. We also use Paypal for transactions such as adding funds and withdraws. Paypal is a secure way to pay and receive money online. With whom do we share your personal information? We may disclose personal information to our agents, suppliers, partners and service providers as part of making available our website and related products and services, including to third parties that reside in jurisdictions with less restrictive privacy laws than Canada. All such persons and entities are provided only with the information needed to perform their specific function and may not use such information for other purposes. They are also bound by contract to maintain the confidentiality and security of personal information and are restricted from using such information in any way not expressly authorized by Comicad Network. However, Comicad Network disclaims all responsibility, and will not be liable for any disclosure of that personal information by any such third party. Exceptions We reserve the right to use and disclose personal information to comply with applicable laws and regulations and local, provincial and national governmental requests, to operate our websites properly, or to protect the rights and property of Comicad Network and its advertisers, publishers, members, sponsors, providers, or licensors. Without restricting the foregoing, Comicad Network may provide personal information in response to valid legal process, such as subpoenas, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims. Contact Information For questions or concerns regarding your personal information and our privacy policy, or to update, correct or delete your personal information, please contact: Attention: Privacy Policy & TOS Comicad Network info@comicad.net Last update: Jan 9, 2019. |
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Advertising Policies
The Comicad Network Advertising Policies set out below may apply to advertising and the content of your website or third party content linked to via your advertising. Comicad Network will apply such policies in its sole discretion.
The following list is not exhaustive and Comicad Network may reject any advertising content that it deems problematic in its sole discretion. In addition, and without limiting the following list, all advertising must comply with applicable law, including without limitation the Competition Act (Canada) and the Consumer Protection Act (Nova Scotia). All advertising provided through Comicad Network must meet the following requirements:
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Code of Conduct, General Information and Limitations
Comicad Network Advertising Corporation ("Comicad Network") provides the advertising auction service to facilitate exchanges among its users. Comicad Network provides its service as a platform for our users to connect with one another. Comicad Network does not screen or control users who may sell or bid on advertising space, nor does Comicad Network review or authenticate all auction listings or advertising space. Advertising space offered for auction through Comicad Network is being sold by the particular Publisher, not by Comicad Network. Advertising being placed on Publisher websites is being provided by the particular Advertiser, not by Comicad Network. Sellers (i.e. Publishers) and buyers (i.e. Advertisers) are responsible for all aspects of the transactions in which they participate. The Comicad Network Rules of Conduct may be modified at any time with or without notice by Comicad Network. You should check this webpage on a regular basis for any updates or changes. Further, all activities of Publishers and Advertisers are governed by Comicad Network's Advertiser Terms of Service and Publisher Terms of Service, as applicable.
General Rules of Conduct The following are Rules of Conduct that all Comicad Network members (i.e. Publishers and Advertisers) ("Members") must follow in their use of Comicad Network's services. Members of Comicad Network:
The following are Rules of Conduct for Publishers on the Comicad Network network. Publishers on Comicad Network:
The following are Rules of Conduct for Advertisers on the Comicad Network network. Advertisers on Comicad Network:
Comicad Network, in its sole discretion, may terminate any auction or a Member's account immediately and without notice if Comicad Network believes that the Member has: (a) acted inconsistently with the spirit or the letter of the Comicad Network Rules of Conduct or Terms of Service; or (b) violated or attempted to violate the rights of others. If a Member's auction or account is terminated, any funds credited to the Member's account may also be revoked by Comicad Network in its discretion. Reporting Improper Conduct Please help us keep Comicad Network an enjoyable and positive experience. If you see a listing that violates our Rules of Conduct, please let us know by contacting us at info@comicad.net. Last update: Jan 1st, 2019. |
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First off, it has to be a site that you have access to, obviously! While adding our code is a simple copy-and-paste operation, if you don't have access to your site to be able to paste this code in, there's not much we can do to help you, unfortunately. Secondly, there are some content restrictions that we keep in mind when examining new sites. These include, but are not limited to: 1. Adult content Sites with adult content are allowed to advertise on Comicad Network providing the user and websites follow the T.O.S and Image Guidelines. Images themselves can not be pornographic, or contain sexually explicit images or text, but the ad may link to an adult website, so long as the user indicates so via the checkbox in user settings. Websites that contain illegal content are prohibited and are not allowed to be linked from comicad.net. If a user is found to be linking to illegal content, that user will be banned and their account will be suspended and/or deleted. Any funds added to an account prior to being banned will be held until the comicad.net team has investigated the user's account, website, and confirmed the illegal content (if present). 2. Sensitive content Sites with hate speech and other sensitive content are not allowed on Comicad Network. While we respect your right to express yourself as you wish, we also reserve our right to exercise discretion when adding publishers to our network. Our guidelines have other examples of content we don't permit. 3. Not enough content There needs to be enough content on your site for us to make an informed decision. Newly-launched sites are fine, but they can't be empty or still be under major construction. If you're applying with a blog or comic site, we ask that you have at least some quality posts and/or comic pages. We also require at least semi-frequent updates, or an archive that can stand alone without new content. 4. Sponsored content This one mainly applies to blogs. There are blogs which have accepted money in order to link certain products. This can take a few forms: "review posts" (usually with affiliate links), links to other sites through click-tracking relays, double-underlined links on keywords, and so on. We have found that such tactics are very anti-reader and cause any additional advertisements (i.e., ours) to perform very poorly. If you have such posts on your site, it's unlikely we'll be able to have you as a publisher. 5. Duplicated content If the content of your website isn't yours, that's a problem. Sites who have taken content from third parties (Wikipedia, other websites, press releases, and so on) are not what we're looking for: our publishers create their own content, and have sites that are original, appealing, and engaging. This doesn't mean that you can't reference other works, of course! But there's a difference doing this correctly and doing this wrong. Things that are bad include:
6. Clean site design Obviously beauty is in the eye of the beholder, but a site that is too difficult to navigate - or already is so plastered with ads that it's hard to tell where the actual content is - is hard for both readers and advertisers, and is unlikely to be accepted. Furthermore, if your site already has pop-up ads, or ads that take up over the browser window ("pop-over ads"), we cannot accept your site. Such ads are very anti-reader and furthermore, obscure our own ads from being seen. It just wouldn't work out! We re-examine our publishers from time to time and remove those who were approved in the past, but are now violating these terms. Last update: Jan 1st, 2019. |
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1. Acceptance of Terms (TOS - Advertisers)
These Comicad Network Advertiser Terms of Services ("TOS") are entered into by you, individually and on behalf of the applicable entity identified in your registration form, ("You" or "Your") and Comicad Network ("Comicad Network"), and govern your use of the advertising and other services provided by Comicad Network ("Services") through the Comicad Network website at https://www.comicad.net ("Website"). Any access to, or other use of, the Website or Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by the TOS. Please note that the TOS may be updated from time to time without notice to you, so please check this web page on every visit to the Website.
THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS. Please be aware that there may be certain areas on the Website that contain adult or mature content. You must be at least 18 years of age to access and view such areas. IF YOU DO NOT AGREE WITH THE TOS, OR ARE NOT AUTHORIZED TO AGREE TO THE TOS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION. 2. Services The Services are provided subject to the TOS and on an "AS IS" and "AS AVAILABLE" basis. The Services for advertisers, including Comicad Network's advertising placement services based on on-line auctions and time-based advertising, are generally described on the Website at https://www.comicad.net/about/. Comicad Network reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that Comicad Network shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services. You are solely responsible for obtaining access to the Services, including any equipment or connectivity, and any associated third-party fees (such as Internet service provider or airtime charges or data communication charges), including fees associated with the upload, display, or delivery of advertisements. You agree that the Services may include certain administrative communications from Comicad Network, and that these communications are considered part of Comicad Network membership and You will not be able to opt out of receiving them. 3. Advertising Platform Subject to Your compliance with the TOS, Comicad Network grants you a personal, revocable, limited, non-transferable, non-exclusive license solely to access the Comicad Network on-line advertising platform ("Advertising Platform"), as made available to member advertisers from time to time by Comicad Network, for managing Your advertising content, information, and URLs ("Advertising") and for bidding on Comicad Network's third party publisher ("Publisher") websites for the placement of Your Advertising on such websites. Publisher advertising space is made available by Publisher to You subject to the payment of all applicable fees and the other terms and conditions of this Agreement. The Advertising Platform is provided on an "AS IS" and "AS AVAILABLE" basis and You acknowledge that Comicad Network assumes no responsibility for among other things: (a) any auction results; (b) any information or search results about Publishers; (b) any statistical information about Your Advertising; (c) any delay in publishing, updating, or removing any Advertising; (d) any information about Your Advertising uptime (period of time during which Your Advertising was displayed on a Publisher website); or (e) the accuracy, delivery, or storage of any Advertising, communication or personalization settings. 4. Advertising Content You must provide the Advertising in the format specified by Comicad Network either via the Advertising Platform or other communications method approved by Comicad Network. You hereby authorize and consent to all placements of Advertising through the Advertising Platform. You agree that all placements of Advertising shall conclusively be deemed to have been approved by You unless You produce contemporaneous documentary evidence showing that You disapproved of such placements in the manner specified by Comicad Network. You acknowledge that some viewers may not see Your Advertising, due to ad-filtering software or other restrictions or issues. You may cancel Your Advertising through Your account via the online cancellation functionality available through the Advertising Platform, if any, or with prior written notice to Comicad Network. Comicad Network's advertising network will cease serving any such canceled Advertising shortly after confirmed receipt of such cancellation. You consent to and allow Comicad Network or the Publisher, in their sole discretion, to refuse, reject, remove or deactivate for any reason any Advertising that you have supplied at any time, including any part thereof. You agree that neither Comicad Network nor any Publisher shall be liable to You or any third party for any refusal, rejection, removal or deactivation of any Advertising. You will be notified of Advertising placements via the Advertising Platform, email or other communications method approved by Comicad Network. You understand that the processing and transmission of your Advertising may involve: (a) transmissions over various third party networks; and (b) changes to the Advertising in order to conform or adapt to the technical requirements of connecting networks or devices. 5. Prohibited Advertising, Conduct, Uses You shall not or permit or authorize any other party to:
Use of the Services is subject to any and all applicable Comicad Network guidelines and policies in effect from time to time, including without limitation the Comicad Network Privacy Policy (https://www.comicad.net/privacy-policy-and-terms-of-service/), Comicad Network Advertising Policies (https://www.comicad.net/privacy-policy-and-terms-of-service/), and Comicad Network Rules of Conduct (https://www.comicad.net/user-guide/) (collectively, "Guidelines"). Please note that the Guidelines may be updated from time to time without notice to You, so please check the applicable web page on every visit to the Website. 7. Linked Content You are solely responsible for all Advertising and all websites, web pages, products, services, advertising and other information that viewers are linked to via the Advertising ("Linked Content"). You hereby grant Comicad Network permission to utilize an automated software program to retrieve and analyze websites associated with the Linked Content for ad quality and serving purposes. You hereby represent and warrant that: (a) You own, or have enforceable and valid licenses to, all rights, including without limitation all copyright, trademark, patent, trade secret, publicity or other proprietary rights, in and to the Advertising and Linked Content; and (b) the Advertising and Linked Content do not breach, violate or infringe upon: (i) any third party rights, including without limitation any copyright, trademark, patent, trade secret, publicity or other proprietary rights; or (ii) any applicable laws, regulations or codes of conduct, including without limitation any applicable industry guidelines related to marketing or advertising content or activities. Any breach of the foregoing representations or warranties may result in immediate termination of the TOS or Your account, in Comicad Network's sole discretion and without notice, and may subject You to damages. You hereby grant to Comicad Network and its Publishers a worldwide, full paid-up, royalty-free, non-exclusive license and right to host, cache, route, transmit, store, copy, modify, adapt, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of, the Advertising or Linked Content in relation to: (a) the provision of the Services; or (b) Comicad Network's business as conducted from time to time. 8. Termination Comicad Network may, for any reason, with or without notice, discontinue Your Advertising (or any part thereof) or terminate Your account (including without limitation deletion of all account information and removal of access to the Advertising Platform), in which case You will be responsible for all Advertising Fees (as defined below) payable for any Advertising already run on the Comicad Network network. You may on ten days' written notice to Comicad Network, including via the Advertising Platform or email, terminate Your account, in which case You will be responsible for all Advertising Fees payable for any ads run on the Comicad Network network up to and including the effective date of account cancellation as determined by Comicad Network. Comicad Network shall not be liable to you or any third party for any discontinuation or termination of Your Advertising or Your account or any access to the Services. 9. Comicad Network Proprietary Rights and Confidential Information Comicad Network owns, or is the authorized licensee of, all right, title and interest, including all copyright, trademark, trade secret, patent and other proprietary rights in and to the Services, Advertising Platform and all associated software and technology ("Comicad Network IP"). You may not or may not allow any third party to: (a) copy, modify, adapt or create a derivative work from the Comicad Network IP; (b) reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the Comicad Network IP; or (c) sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Comicad Network IP. You agree not to access the Services by any means other than through the Advertising Platform made available by Comicad Network. You acknowledge that certain technical or business information of Comicad Network that You may access to as a result of Your use of the Services are considered proprietary and confidential to Comicad Network ("Confidential Information"). Confidential Information includes Comicad Network IP and information relating to Comicad Network Publishers. You hereby agree to hold all such Confidential Information in strict confidence and to only use or disclose it to the extent it is required for Your use of the Services under the terms of the TOS or as authorized in writing by a duly authorized representative of Comicad Network. Confidential Information does not include information that has become publicly known through no breach by You, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority. 10. Your Account You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Comicad Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Comicad Network has the right to suspend or terminate Your account and bar any and all current or future use of the Services. You will receive a password and member ID upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and member ID and are fully responsible for all activities that occur under Your account. You agree to: (i) immediately notify Comicad Network of any unauthorized use of Your account or any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. Comicad Network is not liable for any loss or damage arising from your failure to comply with this Section 10. You acknowledge that Comicad Network may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days, if any, that uploaded Advertising will be retained. You agree that Comicad Network has no responsibility or liability for the deletion or failure to store any messages and other communications or other Advertising maintained or transmitted by the Services. You acknowledge that Comicad Network reserves the right to close accounts that are inactive for more than six months or some other extended period of time as may be designated by Comicad Network from time to time. You further acknowledge that Comicad Network reserves the right to modify these general practices and limits from time to time. You agree that Comicad Network may access, preserve and disclose Your account information, and any Advertising, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to among other things: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims that any Advertising violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of Comicad Network, its users or the public. 11. Publishers, Third Party Content You understand that all content, information, data, text or other materials available on Publisher websites ("Third Party Content"), are the sole responsibility of the Publisher or the person from whom such content originated. Comicad Network does not guarantee the accuracy, completeness, or usefulness of any information about a Publisher which is made available on the Website or otherwise by Comicad Network and Comicad Network does not control, approve or endorse any Publisher or Third Party Content. You should rely on Your independent investigation of a Publisher before submitting Advertising for such Publisher's website and You agree to evaluate, and bear all risks associated with, the displaying of Your Advertising on a Publisher's website. You understand that by using the Services, Your Advertising may be displayed alongside or in association with Third Party Content that is offensive, illegal, indecent or objectionable. Under no circumstances will Comicad Network be liable in any way for any Third Party Content. 12. Fees and Payment You are responsible for all fees applicable to Advertising placed by You ("Advertising Fees"). Advertising Fees are based on the time and amount of your winning advertising bids as recorded in Your online account with Comicad Network. You are liable for all Advertising Fees applicable to each of Your bids while it remains as the winning bid. Advertising Fees are payable directly to the applicable Publishers and Comicad Network collects a commission on those Advertising Fees from the Publishers. Payments are non-refundable. You shall pay all charges in U.S. Dollars or in such other currency as may be agreed to in writing with Comicad Network. Unless agreed to by Comicad Network in writing, You shall pay all Advertising Fees via Your account balance. Advertising Fees may include applicable taxes. You are responsible for paying all applicable taxes and government charges applicable to the Advertising Fees. Note that for Canadian Publishers, applicable federal and provincial sales tax will be applied to the Advertising Fees owed and collected from Your account. If You are a US resident, you hereby irrevocably release and forever discharge Comicad Network and its Publishers from and against any claims you might have now or in the future in relation to any sales tax applied to the Advertising Fees. Nothing in the TOS will be deemed to obligate Comicad Network to extend credit to any party. You agree that any unclaimed funds credited to Your account do not earn interest and are not treated as currency. If there is no activity on Your account for a period of six months, we reserve the right to close Your account, at which point any unclaimed funds will revert to Comicad Network. If and when Your account is depleted of funds all Advertising will be immediately cancelled without any liability whatsoever to Comicad Network. Users will be using Paypal as a means to "add funds" to their account. The funds added will show in the user's balance. Users must have a Paypal account to add and withdrawal funds to and from comicad.net and must agree to Paypal's guidelines regarding fees (sending money, receiving money, and any other fees associated with Paypal) to use comicad.net's services. Most withdraw payments will be processed within 24 hours, however some withdraw payments can take between 1-4 business days to process (and larger sums of money may take longer). For more details on Paypals fees, please go here. Important: Please note that due to PayPal's policies regarding "Unsupported Countries", any Comicad account that originates from the "Unsupported Countries" list will have Paypal Withdrawals disabled. Comicad Network cannot send money to an "Unsupported Country." You, as the "User" agree that by creating a Publisher Site, earnings cannot be withdrawn and can only be spent (for advertising or subscriptions) on Comicad Network if the account is from (or originates from) a country that Paypal does not support.
For reference, here is the list of Paypal's unsupported countries:
13. Indemnities, Release You agree to defend, indemnify and hold Comicad Network and its Publishers, suppliers, licensors, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any third party claim or demand arising from, related to, or in connection with (a) Your breach or violation of the TOS or (b) the Advertising or Linked Content. Further, you will assist and cooperate as fully as reasonably required by Comicad Network in the defence of any such claim or demand. You hereby irrevocably release Comicad Network and its suppliers, licensors, directors, officers, employees, agents and other related parties (collectively "Releasees"), from and against any and all actions, causes of action, liabilities, claims, demands for damages, insurance proceeds, expenses, costs or loss, of any kind and nature whatsoever and howsoever arising, which You have ever had, may now have, or may hereafter have against the Releasees, or any one or more of them, that are in any way relating to any Publisher's website, including without limitation the nature or quality of any products, services or content on such Publisher's website. 14. DISCLAIMER AND LIMITATION OF LIABILITY YOUR USE OF THE SERVICES AND ADVERTISING PLATFORM IS AT YOUR OWN RISK. THE SERVICES AND ADVERTISING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Comicad Network MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) YOUR ADVERTISING WILL BE DELIVERED ON AN ACCURATE, TIMELY, OR CONTINUOUS BASIS; (C) ANY CONVERSION RATES, USER CLICK-THROUGHS, INTERNET TRAFFIC, OR OTHER COMMERCIAL RESULTS WILL BE OBTAINED THROUGH YOUR ADVERTISING; (D) THE TRANSMISSION OF INFORMATION TO OR FROM THE ADVERTISING PLATFORM WILL BE SECURE; (E) THE ADVERTISING PLATFORM WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (F) THE ADVERTISING PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE; (G) ANY INFORMATION ON PUBLISHERS SUCH AS TRAFFIC, SIZE OF AUDIENCE, OR USER DEMOGRAPHICS OR CHARACTERISTICS, WILL BE ACCURATE, TIMELY OR COMPLETE; OR (H) ANY PUBLISHER WEBSITE WILL BE CONTINUOUSLY DISPLAYING YOUR ADVERTISING OR GENERALLY AVAILABLE OR RESPONSIVE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) Comicad Network AND ITS PUBLISHERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOSS OR INTERRUPTION TO YOUR BUSINESS) WHETHER UNDER THEORY OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH), TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY OR NEGLIGENCE IN ANY DEGREE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (II) COMICAD NETWORK'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF (1) TWENTY-FIVE PERCENT OF THE AGGREGATE ADVERTISING FEES PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO THE LIABILITY AND (2) US $25. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 15. General You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the TOS. Comicad Network may provide You with notices, including those regarding changes to the TOS, by email, regular mail (to the address in Your account), or postings in Your account interface on the Advertising Platform. Notices are deemed received when sent (for email) or no more than five days after having been posted (for messages in Your account interface) Comicad Network and other Comicad Network marks, logos and product and service names are trademarks of Comicad Network (the "Comicad Network Marks"). Without Comicad Network's prior permission, you agree not to display or use the Comicad Network Marks in any manner. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures. You shall comply with all applicable laws, statutes, rules of conduct, ordinances and regulations regarding your use of the Services and your bidding on, listing of, purchase of, and sale of any and all advertising space. The TOS shall be governed solely by the laws of the Province of Nova Scotia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia in the City of Halifax in relation to all disputes arising from or related to the TOS or the Services. The TOS, including the Guidelines, constitutes the entire agreement between You and Comicad Network with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. In the event of any conflict between the TOS and the Guidelines, the TOS shall govern. You acknowledge that you are not relying on any statements or promises of Comicad Network in entering into the TOS and signing up for the Services, and any conflicting or additional terms contained in any other documents or oral discussions are void. Comicad Network's failure to insist upon or enforce strict performance of any right or provision of the TOS shall not constitute, or be construed as, a waiver of any right or provision. If any provision or part thereof, in these TOS is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and Comicad Network are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the TOS or your use of the Services. You further acknowledge that any Publisher and Comicad Network are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Services or any other terms of service. You may not assign any of Your rights hereunder and any such attempt is void. Comicad Network may assign this Agreement and its rights and obligations under this agreement without Your consent. Any rights not expressly granted by the TOS are reserved to Comicad Network. In the event that the TOS or Services or any Advertising expires or is terminated, Comicad Network shall not be obligated to return any materials to You. The parties have expressly requested and required that the TOS and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigës en anglais. Last update: Jan 1st, 2019. |
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1. Acceptance of Terms (TOS - Advertising)
These Comicad Network Publisher Terms of Advertising Services ("TOS") are entered into by you, individually and on behalf of the applicable entity identified in your registration form, ("You" or "Your") and Comicad Network Advertising Corporation ("Comicad Network"), and govern Your use of the advertising serving and other services provided by Comicad Network to website publishers ("Advertising Services") through the Comicad Network website at https://www.comicad.net ("Website"). Any access to, or other use of, the Website or Advertising Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by the TOS. Please note that the TOS may be updated from time to time without notice to you, so please check this web page on every visit to the Website.
THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS. Please be aware that there may be certain areas on the Website that contain adult or mature content. You must be at least 18 years of age to access and view such areas. IF YOU DO NOT AGREE WITH THE TOS, OR ARE NOT AUTHORIZED TO AGREE TO THE TOS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION. 2. Advertising Services The Advertising Services are provided subject to the TOS and on an "AS IS" and "AS AVAILABLE" basis. The Advertising Services for publishers, including Comicad Network's advertising placement services based on on-line auctions and time-based advertising, are generally described on the Website at https://www.comicad.net/about/. Comicad Network reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Advertising Services, or any part thereof, with or without notice. You agree that Comicad Network shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Advertising Services. You are solely responsible for obtaining access to the Advertising Services, including the hosting and operation of Your website(s), and any other equipment or connectivity, and any associated third-party fees (such as Internet service provider or airtime charges or data communication charges), including fees associated with the download, display, or delivery of advertisements. You agree that the Advertising Services may include certain administrative communications from Comicad Network, and that these communications are considered part of Comicad Network membership and You will not be able to opt out of receiving them. 3. Advertising Platform Subject to Your compliance with the TOS, Comicad Network grants you a personal, revocable, limited, non-transferable, non-exclusive license solely to access the Comicad Network on-line advertising platform ("Advertising Platform"), as made available to member publishers from time to time by Comicad Network, for managing the creation and auctioning of advertising areas ("Ad Box") on Your designated website properties ("Properties") and the placement of advertising and related content, information, and URLs ("Advertising") from third party Comicad Network member advertisers ("Advertisers") on such Properties. The Advertising Platform is provided on an "AS IS" and "AS AVAILABLE" basis and You acknowledge that Comicad Network assumes no responsibility for among other things: (a) the look, placement or display of any Ad Box; (b) any auction results; (c) any revenue generated through advertising on your websites; (d) any information or search results about Advertisers; (e) any statistical information about the Advertising or Your Properties; (f) any delay in publishing, updating, or removing any Advertising from Your Properties; (g) any information about the Advertising uptime (period of time during which any Advertising was displayed on any of Your Properties); or (h) the accuracy, delivery, or storage of any Advertising, communication or personalization settings. 4. Advertising and Ad Boxes You hereby authorize Comicad Network to serve Advertising to Your Properties and consent to all placements of Advertising through the Advertising Platform. You agree that all placements of Advertising shall conclusively be deemed to have been approved by You, unless You have requested manual approval of every Advertising to Your Properties under the appropriate setting in the Advertising Platform or You produce contemporaneous documentary evidence showing that You disapproved of such placements in the manner specified by Comicad Network. You will be notified of Advertising placements via the Advertising Platform, email or other communications method approved by Comicad Network. You hereby grant Comicad Network permission to utilize an automated software program to retrieve and analyze Your Properties for ad quality and serving purposes. Comicad Network shall not be obligated to provide notice to You in the event that any Advertising is not being displayed properly to end users of the Properties. All Advertising shall be grouped, displayed and served by Comicad Network to end users of the Properties in the standard Ad Box formats as may be offered generally by Comicad Network from time to time and described in the Guidelines. You may select through the Advertising Platform the applicable format for the display of Ad Boxes in connection with the Properties, but You acknowledge and agree that Advertising: (i) shall only be displayed in the Ad Boxes and in connection with the Properties, each of which is subject to review and approval by Comicad Network in its discretion at any time; and (ii) shall be subject to the Guidelines and these TOS. You agree to comply with all specifications and formats published by Comicad Network from time to time, either via the Advertising Platform or other communications method approved by Comicad Network, to enable the proper delivery, display, tracking and reporting of Advertising. You agree not to modify any script or other programming provided to You by Comicad Network relating to the Advertising in any way, unless expressly authorized in writing by Comicad Network. You are solely responsible for the maintenance and operation of Your Properties and the proper implementation of Comicad Network's specifications and formats. You may cancel any Advertising displayed on Your Properties through Your account via the online cancellation functionality available through the Advertising Platform, if any, or with written notice to Comicad Network. Comicad Network's advertising network will cease serving any such canceled Advertising shortly after confirmed receipt of such cancellation. You acknowledge that either Comicad Network or any Advertiser are free to cancel any of their Advertising on Your Properties at any time and for any reason and that there is no minimum time commitment imposed on Advertisers. You agree that neither Comicad Network nor any Advertiser shall be liable to You or any third party for any cancellation, removal or deactivation of any Advertising. You acknowledge that You are only granted those rights in the Advertising as are expressly set out in this TOS. 5. Prohibited Conduct, Uses You shall not or permit or authorize any other party to:
6. Comicad Network Guidelines Use of the Advertising Services is subject to any and all applicable Comicad Network guidelines and policies in effect from time to time, including without limitation the Comicad Network Auction Terms (https://www.comicad.net/privacy-policy-and-terms-of-service/), Comicad Network Privacy Policy (https://www.comicad.net/privacy-policy-and-terms-of-service/), Comicad Network Advertising Guidelines (https://www.comicad.net/user-guide/), and Comicad Network advertising specification requirements (https://www.comicad.net/user-guide/) (collectively, "Guidelines"). Please note that the Guidelines may be updated from time to time without notice to You, so please check the applicable web page on every visit to the Website. Further, and without limiting the foregoing, you must have and abide by an appropriate privacy policy that complies with applicable privacy and data protection laws and that clearly discloses that third parties may be placing and reading cookies on your users' browser, or using web beacons to collect information, in the course of ads being served on your Properties. 7. Properties and Related Content You are solely responsible for all websites, web pages, products, services, content, advertising and other information that viewers are available on Your Properties or linked to via Your Properties ("Properties Content"). You hereby represent and warrant that: (a) You are the owner of each of the Properties or You are legally authorized to act on behalf of the owner of such Properties for the purposes of this TOS and the Advertising Services; (b) You own, or have enforceable and valid licenses to, all rights, including without limitation all copyright, trademark, patent, trade secret, publicity or other proprietary rights, in and to the Properties Content; and (c) the Properties Content do not breach, violate or infringe upon: (i) any third party rights, including without limitation any copyright, trademark, patent, trade secret, publicity or other proprietary rights, publicity or privacy rights, or other rights or duties under consumer protection, product liability, tort, or contract law; or (ii) any applicable laws, regulations or codes of conduct, including without limitation any applicable industry guidelines related to marketing or advertising content or activities. Any breach of the foregoing representations or warranties may result in immediate termination of the TOS or Your account, in Comicad Network's sole discretion and without notice, and may subject You to damages. 8. Trademarks, Publicity You agree that Comicad Network may use and share Your company name and logo on the Website and in association with its business, including without limitation in presentations, Publisher search and statistical information, marketing materials and customer lists. You may display the mark Comicad Network and other Comicad Network trade names, trademarks, service marks, logos and domain names that are provided to You by Comicad Network with the Advertising served to Your Properties ("Comicad Trademarks"), so long as such display is in the form provided by Comicad Network (without any modification whatsoever) and in compliance with this TOS and the Guidelines. When displaying any Comicad Trademark, You shall clearly indicate that such Comicad Trademark is owned by Comicad Network and that it is being used by You under license. You hereby waive the right and benefit of Section 50(3) of the Trade-marks Act (Canada). You agree not to display or use alongside Advertising served by Comicad Network, any other advertisement or other content in a manner that may reasonably lead an end user of Your Properties to confuse such advertisement or content with Comicad Network Advertising or otherwise associate such advertisement or content with Comicad Network. 9. Termination Comicad Network may, for any reason, with or without notice, in its sole discretion, discontinue Your Advertising (or any part thereof), suspect or termination the participation of any of Your Properties, or terminate Your account (including without limitation deletion of all account information and removal of access to the Advertising Platform), in which case You will be responsible for all commissions payable to Comicad Network for any Advertising already displayed on Your Properties. Comicad Network may investigate any activity that may violate this Agreement. Without restricting the foregoing, You acknowledge that Comicad Network may terminate Your account without notice if there has been no activity on it for a period of 6 months or more (as measured by Comicad Network). You may on ten days' written notice to Comicad Network, including via the Advertising Platform or email, terminate Your account. In case of any termination, or removal of any Ad Box or Property, You will remain responsible for all commissions payable and/or already paid to Comicad Network for any Advertising displayed on Your Properties up to and including the effective date of cancellation as determined by Comicad Network. Comicad Network shall not be liable to you or any third party for any discontinuation or termination of Your Advertising or Your account or any access to the Advertising Services. 10. Comicad Network Proprietary Rights and Confidential Information You acknowledge that Comicad Network owns, or is the authorized licensee of, all right, title and interest, including all copyright, trademark, trade secret, patent and other proprietary rights in and to the Advertising Services, Advertising Platform and all associated software and technology, and the PW Trademarks ("Comicad Network IP"). You may not or may not allow any third party to: (a) copy, modify, adapt or create a derivative work from the Comicad Network IP; (b) reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the Comicad Network IP; or (c) sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Comicad Network IP. You agree not to access the Advertising Services by any means other than through the Advertising Platform made available by Comicad Network. You acknowledge that certain technical or business information of Comicad Network that You may access to as a result of Your use of the Advertising Services are considered proprietary and confidential to Comicad Network ("Confidential Information"). Confidential Information includes Comicad Network IP and information relating to Comicad Network Advertisers. You hereby agree to hold all such Confidential Information in strict confidence and to only use or disclose it to the extent it is required for Your use of the Advertising Services under the terms of the TOS or as authorized in writing by a duly authorized representative of Comicad Network. Confidential Information does not include information that has become publicly known through no breach by You, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority. 11. Your Account You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Advertising Services' registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Comicad Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Comicad Network has the right to suspend or terminate Your account and bar any and all current or future use of the Advertising Services. You will receive a password and member ID upon completing the Advertising Services' registration process. You are responsible for maintaining the confidentiality of the password and member ID and are fully responsible for all activities that occur under Your account. You agree to: (i) immediately notify Comicad Network of any unauthorized use of Your account or any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. Comicad Network is not liable for any loss or damage arising from your failure to comply with this Section 11. You acknowledge that Comicad Network may establish general practices and limits concerning use of the Advertising Services. You agree that Comicad Network has no responsibility or liability for the deletion or failure to store any Advertising or any messages, communications, information, statistics or content uploaded, maintained or transmitted by the Advertising Services. You acknowledge that Comicad Network reserves the right to close accounts that are inactive for more than six months or some other extended period of time as may be designated by Comicad Network from time to time. You further acknowledge that Comicad Network reserves the right to modify these general practices and limits from time to time. You agree that Comicad Network may access, preserve and disclose Your account information, and any information about Your Properties, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to among other things: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims that any Property violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of Comicad Network, its users or the public. 12. Advertising and Linked Content You understand that all Advertising and all content, information, data, text or other materials available through clicking on or linking through Advertising or Ad Boxes Advertiser, including without limitation the Advertiser websites ("Linked Content"), are the sole responsibility of the Advertiser or the third party from whom such content originated. Comicad Network does not guarantee the quality, accuracy, completeness, or truthfulness of any Advertising, any information about any Advertiser which is made available on the Website or otherwise by Comicad Network, or any Linked Content. You acknowledge that Comicad Network does not control, approve of, or endorse any Advertiser, Advertising or Linked Content. You should rely on Your independent investigation of a Advertiser before accepting a bid or Advertising from such Advertiser. You agree to evaluate, and bear all risks associated with, the displaying of Advertising on Your Properties. You understand that by using the Advertising Services, Advertising that is offensive, illegal, indecent or objectionable may be displayed on Your Properties. Under no circumstances will Comicad Network be liable in any way for any Advertising or Linked Content. 13. Fees and Payment You will be entitled to receive a payment equal to the total fees received by Comicad Network from Advertisers for the Advertising displayed on Your Properties as recorded in Your online account with Comicad Network ("Advertising Fees") minus: (a) 25% of the Advertising Fees as a commission to Comicad Network; and (b) any applicable taxes, charges or other fees or duties imposed by any government entity in connection with the TOS or Your participation in the Advertising Services ("Taxes") (the resulting figure being "Publisher Earnings"). Publisher Earnings are in U.S. Dollars or in such other currency as may be agreed to in writing with Comicad Network. Unless agreed to by Comicad Network in writing, You will receive all applicable Publisher Earnings via Your Paypal account. Paypal also may take out fees on their end for certain transactions. For clarity, Publisher Earnings shall be calculated solely based on records maintained by Comicad Network and no other measurements or statistics of any kind shall be accepted by Comicad Network or have any effect under this Agreement. You agree to pay all Taxes. Any income generated or earned by You from using our services (Comicad Network), whether as a self-employed individual or otherwise, may be subject to taxation in your country of residence. The responsibility for disclosing and submitting tax information on withdrawn earnings lies solely with You (the user), and is not the responsibility of Comicad Network. Comicad Network will require You to disclose your residency status for reasons that may (or may not) include tax purposes upon registration with our system and You hereby represent and warrant to Comicad Network that such residency information is and shall be accurate, true and complete in all respects. If You are a Canadian Publisher, Taxes will include applicable federal and provincial sales tax, which (along with other combined fees) will accordingly reduce the Publisher Earnings to You. You expressly agree to such collection and remittance of sales taxes and acknowledge that it does not constitute Comicad Network Your agent in any respect whatsoever. You hereby irrevocably release and forever discharge Comicad Network from and against any claims You might have now or in the future in relation to the application, collection or remittance of sales taxes in respect of the Advertising Fees. Unless otherwise agreed to by the Comicad Network in writing, Publisher Earnings will be credited to Your account by Comicad Network promptly after receipt of payment of funds from the Advertisers for Advertising displayed on Your Properties, provided that You acknowledge that settlement of amounts in Your account may not be immediate. You may remove funds from Your account once Your earned balance is US $25 or more. If You dispute any payment of Publisher Earnings, You must notify Comicad Network in writing within thirty (30) days of any such payment; failure to so notify Comicad Network shall result in the waiver by You of any claim relating to any such disputed payment. For clarity, all fees for the displaying and running of Advertising on Your Properties are due and payable by the Advertisers. Comicad Network has no liability whatsoever to You for the payment of any fees and the Publisher Earnings are solely and entirely conditional on receipt of fees from the applicable Advertisers. Without limiting the foregoing, Comicad Network shall not be liable to pay You any Publisher Earnings or other amounts for any period of time during which Advertising was not properly displayed on Your applicable Property in accordance with Comicad Network specifications and guidelines, including without limitation any period of time during which Your website for the Property was down, inaccessible or unresponsive. Comicad Network reserves the right to withhold payment or charge back Your account due to the foregoing or any breach of this Agreement by You, or in the event that an Advertiser whose Advertising is displayed in connection with Your Properties defaults on payment for such Advertising to Comicad Network. In addition, if You are past due on any payment to Comicad Network in connection with any Comicad Network services (including without limitation fees owed for Your own provision of Advertising to other Comicad Network Publishers under Comicad Network's Advertiser Terms of Service), Comicad Network reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Advertising Services by amounts owed by You to Comicad Network. You agree that any unclaimed funds credited to Your account do not earn interest and are not treated as currency. To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. In the event the Agreement is terminated, or if there is no activity on Your account for a period of six months, and Comicad Network is unable to reach or contact You based on information in Your account, Comicad Network reserves the right to close Your account, at which point any unclaimed funds will revert to Comicad Network. You acknowledge that Comicad Network may change its pricing or payment structure at any time. 14. Indemnities, Release You agree to defend, indemnify and hold Comicad Network and its Advertisers, suppliers, licensors, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any third party claim or demand arising from, related to, or in connection with (a) Your breach or violation of the TOS or (b) the Properties or Properties Content. Further, you will assist and cooperate as fully as reasonably required by Comicad Network in the defence of any such claim or demand. You hereby irrevocably release Comicad Network and its suppliers, licensors, directors, officers, employees, agents and other related parties (collectively "Releasees"), from and against any and all actions, causes of action, liabilities, claims, demands for damages, insurance proceeds, expenses, costs or loss, of any kind and nature whatsoever and howsoever arising, which You have ever had, may now have, or may hereafter have against the Releasees, or any one or more of them, that are in any way relating to any Advertising or Linked Content, including without limitation the nature or quality of any products, services or content advertised or provided in or through such Advertising or Linked Content. 15. DISCLAIMER AND LIMITATION OF LIABILITY YOUR USE OF THE ADVERTISING SERVICES AND ADVERTISING PLATFORM IS AT YOUR OWN RISK. THE ADVERTISING SERVICES AND ADVERTISING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMICAD NETWORK MAKES NO REPRESENTATION OR WARRANTY THAT: (A) YOUR PROPERTIES WILL RECEIVE ANY ADVERTISING THROUGH THE ADVERTISING SERVICES; (B) YOU WILL RECEIVE ANY AMOUNTS UNDER THIS TOS; (C) THE ADVERTISING SERVICES WILL MEET YOUR REQUIREMENTS, WILL PERFORM TO ANY STANDARD, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (D) THE ADVERTISING WILL BE DELIVERED ON AN ACCURATE, TIMELY, OR CONTINUOUS BASIS; (E) THE TRANSMISSION OF INFORMATION TO OR FROM THE ADVERTISING PLATFORM WILL BE SECURE; (F) THE ADVERTISING PLATFORM, ADVERTISING, AD BOXES OR ANY CODE PROVIDED BY COMICAD NETWORK WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (G) THE ADVERTISING PLATFORM OR ADVERTISING WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE; OR (H) ANY INFORMATION ON ADVERTISERS PROVIDED ON THE WEBSITE OR OTHERWISE BY COMICAD NETWORK WILL BE ACCURATE, TIMELY OR COMPLETE; OR (I) THE ADVERTISING WILL BE NON-INFRINGING OF THIRD PARTY RIGHTS, OF GOOD TASTE OR QUALITY, LAWFUL, TRUTHFUL, ACCURATE, OR OTHERWISE IN COMPLIANCE WITH APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) COMICAD NETWORK AND ITS ADVERTISERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOSS OR INTERRUPTION TO YOUR BUSINESS) WHETHER UNDER THEORY OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH), TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY OR NEGLIGENCE IN ANY DEGREE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (II) COMICAD NETWORK'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF (1) THE AGGREGATE AMOUNT OF COMMISSIONS RECEIVED ON ADVERTISING FEES BY COMICAD NETWORK FROM YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND (2) US $25. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 16. General You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the TOS. Comicad Network may provide You with notices, including those regarding changes to the TOS, by email, regular mail (to the address in Your account), or postings in Your account interface on the Advertising Platform. Notices are deemed received when sent (for email) or no more than five days after having been posted (for messages in Your account interface) Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures. You shall comply with all applicable laws, statutes, rules of conduct, ordinances and regulations regarding Your operation of Your Properties, Your use of the Advertising Services, and Your management and display of Ad Boxes and Advertising on Your Properties. The TOS shall be governed solely by the laws of the Province of Nova Scotia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia in the City of Halifax in relation to all disputes arising from or related to the TOS or the Advertising Services. The TOS, including the Guidelines, constitutes the entire agreement between You and Comicad Network with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. In the event of any conflict between the TOS and the Guidelines, the TOS shall govern. You acknowledge that you are not relying on any statements or promises of Comicad Network in entering into the TOS and signing up for the Advertising Services, and any conflicting or additional terms contained in any other documents or oral discussions are void. Comicad Network's failure to insist upon or enforce strict performance of any right or provision of the TOS shall not constitute, or be construed as, a waiver of any right or provision. If any provision or part thereof, in these TOS is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and Comicad Network are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the TOS or your use of the Advertising Services. You further acknowledge that any Advertiser and Comicad Network are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Advertising Services or any other terms of service. You may not assign any of Your rights hereunder and any such attempt is void. Comicad Network may assign this Agreement and its rights and obligations under this agreement without Your consent. Any rights not expressly granted by the TOS are reserved to Comicad Network. In the event that the TOS or Advertising Services is terminated, Comicad Network shall not be obligated to return any materials to You. The parties have expressly requested and required that the TOS and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigës en anglais. Last update: Jan 1st, 2019. |
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Affiliate Program
This Affiliate Program Operating Agreement ("Operating Agreement") contains the terms and conditions that govern your participation in the Comicad Network Awesome Affiliates Program (the "Program"). "We," "us," or "our" means Comicad Network Advertising Corporation ("Comicad Network"). "You" or "your" means the applicant. A "site" means a website. "Comicad Network Site" means the comicad.net site. "Your site" means any site(s) and any software application(s) that you link to the Comicad Network Site.
THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE WITH THE TOS, OR ARE NOT AUTHORIZED TO AGREE TO THE TOS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION.
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