Effective Date: May 25, 2018
Bid Glass is an advertising platform ("bid.glass", "Bid Glass", "Bid Glass Advertising Platform", "Platform", "we", "our", "us") for three audiences: site owners who sell ad space via bid.glass ("Publishers"), advertisers who buy advertising placements via bid.glass ("Advertisers"), and visitors to Publisher websites shown advertisements via the Bid Glass Advertising Platform ("Readers"). The Platform home page web address is https://bid.glass.
These Terms for Self-Service Advertising ("Terms" or "Advertiser Agreement") govern the access and use by you of the Bid Glass Advertising Platform through the self-service bidding interface. By creating an account on the Platform and placing advertising on a Publisher website via the self-service bidding interface, you expressly indicate your agreement of these Terms as an Advertiser.
To Advertisers, Bid Glass provides a means of advertising directly on Publisher websites via our self-service bidding interface. In order to place advertising on a Publisher website you must:
By submitting Advertisements to the Platform, you authorize Bid Glass to place your Advertisements on the Publisher websites you've chosen to run Campaigns.
While Bid Glass cooperates with Publishers to establish an accurate content rating for Publisher websites, it is your responsibility to ensure the content of Publisher websites on which you choose to advertise is suitable and appropriate for your Advertisements. Bid Glass will work diligently to ensure Publishers use appropriate content ratings to describe their content but makes no guarantees about Publisher content.
Publishers may at their sole discretion and at any time modify the placement and fill rate, or outright remove, any of their listed ad units. Additionally, Publishers retain the right to approve or reject any Creatives submitted for advertising on their website(s), and at their own pace.
You are responsible for all fees accrued by Advertisements placed by you on the Platform ("Advertising Fees"). Advertising Fees are calculated and accrued by the number of impressions served multiplied times the effective bid of your Campaign at the time each impression was served. The effective bid of your Campaign is calculated based on a second-price auction, meaning we analyze all the Campaigns (including those placed by other Advertisers) running on an ad unit at the time of ad impression serving and choose the top bidding Campaigns to be served. If your Campaign is among the top bidders and your Advertisement is chosen to be served, your effective bid will be calculated as follows: if your Campaign is tied for the top bid, you will be charged your maximum bid; if your Campaign has the highest bid, you will be charged the second-highest bidder's rate + $0.01 CPM. If your Campaign is not the top bid, you will be charged your maximum bid. In some circumstances, if all Campaigns on an ad unit have satisfied their budget for the day, additional impressions will be distributed to that ad unit's Campaigns at no additional cost.
You are liable for all Advertising Fees accrued by you on the Platform and agree to allow us to periodically charge any and all payment sources you have entered into the Platform. You will be charged whenever your unpaid Advertising Fees exceed your charge threshold, usually once per day but sometimes more, or after 20 days of non-payment if you owe a balance. You represent that when adding payment sources to the platform, you have the legal authority to grant us permission to charge said payment sources on your behalf for Advertising Fees accrued by you. Furthermore, you agree to maintain actively billable payment sources on the Platform while having actively running Campaigns on the Platform and/or while maintaining an owed balance. You may remove up to all but one payment source from the Platform whilst having actively running Campaigns on the Platform. You may remove all your payment sources from the Platform by first pausing or otherwise ending all your Campaigns and immediately paying any remaining balance owed for your Advertising Fees. Bid Glass, in its sole discretion, may increase, modify, or revoke any credit extended to you at any time.
Advertising Fees may include applicable taxes. You are responsible for paying all taxes and government charges applicable to the Advertising Fees.
Your Campaigns can be modified or cancelled through the bid.glass website by going to https://bid.glass/advertise/campaigns/ and locating the Campaign you wish to modify or cancel. To pause the Campaign, click the switch until it is in the "off" position, indicated by a gray background and the switch positioned to the left. Paused Campaigns will be immediately disabled, barring a short delay usually within seconds but no longer than a few minutes, and will not accrue impressions or Advertising Fees while paused. Campaigns can be unpaused by clicking the switch until it is in the "on" position, indicated by a blue background and the switch positioned to the right. To modify your bid, budget, start and/or end date, Creatives, etc. click the "edit" icon indicated by a pencil graphic, and you will be brought to the Edit Campaign interface, structured nearly identially to the Create Campaign interface. In order to save your changes, you must click "Review Changes" to bring up the Review Campaign window, and then "Save Changes" to confirm your changes.
Your Campaigns can also be modified or cancelled by contacting us at https://bidglass.freshdesk.com/support/tickets/new and requesting a modification or cancellation. Please be aware that if you choose this method we will need to be able to confirm your identity and ownership of your account in order to make changes on your behalf, and changes requested via this method may take several business days to enact. You will be responsible for any Advertising Fees that accrue during this period.
In its sole discretion, Bid Glass may reject, modify, or remove a specific Advertisement, Campaign, or Creative at any time.
You agree to only submit Advertisements to Publisher websites that could be reasonably expected to match the tone of and/or be suitable/appropriate alongside the content on said websites. For example, you may not submit adult-content-oriented Advertisements to a non-adult-oriented Publisher website. Furthermore, you agree not to upload Advertisements that in any way violate any applicable laws or contracts, the former without restriction and the latter implying you have knowledge of or participation in said contracts.
You agree not to and not to authorize or permit any third paty to:
Bid Glass may terminate or cancel any and all Advertisements placed on the Platform by you at any time, with or without notice. Furthermore, Bid Glass may disable and/or delete your account, including but not limited to all account information and Advertisements uploaded to the platform. If Bid Glass does terminate your Advertisements or account, you will remain liable for all Advertising Fees incurred by your use of the Platform up to the time of their/its termination.
You may request the deletion of your account and all associated Advertisements placed on the Platform with 14 days written notice via the following web address: https://bidglass.freshdesk.com/support/tickets/new. If your account is deleted in this way, you will remain liable for all Avertising Fees incurred by your use of the Platform until its deletion. In the meantime, you may cancel your Campaigns as described in section 4, "Modification or Cancellation of Campaign".
You represent and warrant that you have full power and authority to accept these legally binding Terms under applicable law and that you have and grant to Bid Glass the rights, licenses and/or clearances to use the content contained in your Advertisements placed on the Platform as subject to these Terms.
The placement of Advertisements on the Bid Glass Advertising Platform does not come with a guarantee of performance or delivery.
YOUR USE OF THE BID GLASS ADVERTISING PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF BID GLASS OR ITS PARTNERS MAKE ANY OTHER WARRANTY OF ANY KIND, 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.
EXCEPT AS TO OBLIGATIONS UNDER SECTION XI (INDEMNIFICATION), A BREACH OF SECTION VI (PROHIBITED USES) OR SECTION VIII (REPRESENTATIONS AND WARRANTIES), OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, INCURRED BY ANOTHER PARTY ARISING OUT OF AN ORDER OR THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BID GLASS NOR ITS PARTNERS MAY BE HELD LIABLE UNDER THESE TERMS FOR MORE THAN THE AMOUNT PAID BY YOU TO BID GLASS UNDER THESE TERMS DURING THE 60 DAYS BEFORE THE EVENT GIVING RISE TO LIABILITY.
You will defend, indemnify, and hold Bid Glass and each of its affiliates and representatives 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 these Terms or (b) your use of the Platform, including, the content, subject matter, or placement of any advertisement or any advertising materials hosted on the Platform at your request.
You hereby irrevocably release Bid Glass and each of its affiliates and representatives from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses 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.
Bid Glass may change or update these Terms from time to time in its sole discretion. If we do, we will let you know by revising the effective date at the top of the Terms. If you create or modify a Campaign after changes to the Terms go into effect, you consent to being bound by the revised Terms. Except for modifications to these Terms by Bid Glass under this Section, any amendment to these Terms must be agreed to in writing by both parties and expressly state that it is amending these Terms.