|Qualibid Terms and Conditions
PLEASE READ CAREFULLY THE FOLLOWING
It is important that you read, understand, and agree to this entire document, as it creates a binding contract between you and Qualibid Advertising Inc, (“Qualibid”). These terms and conditions define and limit your rights and responsibilities in using Qualibid.com, the website located at the domain Qualibid.com including all it’s pages and subdomains (the “Qualibid’s Website”).
By accessing and Using the content of Qualibid Website, you (the “Advertiser”) agree to be bound by the terms and conditions set out herein” (the “Terms & Conditions”).
It is your sole responsibility to check this document for updates periodically. Your regular and continued access and use of the Website and Qualibid’s services will be deemed as their acceptance.
You also accept to be bound by:
(Both documents are available on Qualibid’s Website.)
If you object to any of the terms or conditions set out herein, you should not use Qualibid services or any materials on the Qualibid’s Website and must leave immediately.
For the purposes of these Terms & Conditions, unless otherwise specified, means:
(a) Qualibid Advertising Program: the advertising program proprietary to Qualibid, providing Advertiser with the possibility to advertise variety of products and / or services through the on-line software system that carries on the advertising process and monitoring tools allowing Advertiser to create, edit and manage Advertisements that appear on various Publisher’s Websites in order to attract Visitors and direct them to Advertiser’s Website;
(b) Advertiser: an individual or business that has gone through the membership registration process on Qualibid’s Website, which enables them to gain access to Qualibid’s Services as further defined herein;
(c) Advertiser’s Website: a web site owned and / or operated by Advertiser or used by Advertiser in order to promote products or services of third parties;
(d) Publishers Network: the network of websites owned by participating publishers, who provide Qualibid with targeted visitors trough Qualibid search feed integrated within their own web sites and / or web properties managed by their own publishers;
(e) Publisher: an individual or business that places the Advertisement served by Qualibid to their website(s) in order to attract and redirect Visitors to the Advertiser’s Website;
(f) Publisher’s Website(s): a website owned and operated by Publisher where the actual Advertisement is displayed. Qualibid does not have any control over Publisher’s Website;
(g) Website Visitor: an individual or business interested in Advertiser's products or services and who has voluntarily clicked on the advertisement and has been redirected to the Advertiser's Website through Publisher Network as a result of advertising.
(h) Advertisement: a text-based publicity unit created by Advertiser through Qualibid's infrastructure in order to promote or sell Advertiser’s or third party's products or services. The advertisement appears within search results upon the web properties associated with Qualibid's publisher network in accordance with targeting settings assigned by Advertiser;
(i) Ad Title: a phrase that defines and summarizes the Advertisement. It is a top component of the Advertisement unit visible to Visitors of Publisher’s Website;
(j) Ad Description: One or more phrases that describe the nature of Advertisement and provide additional details regarding Advertiser’s product or service. It is a component of the Advertisement unit visible to Visitors of Publisher's Website;
(k) Shown URL: a web address that represents Advertiser’s Website. It is a component of the Advertisement unit visible to Publisher’s Website Visitors;
(l) Click URL: a web address leading to the landing page of the Advertiser Website. It is a component of the advertisement invisible to Publisher’s Website Visitors.
(m) Keyword(s) means a search term that either:
was bid on by an Advertiser as part of the advertising process or;
was searched by the Publisher’s Website Visitor prior to visiting Advertiser's Website;
2. PURPOSE AND SERVICES PROVIDED BY QUALIBID
Qualibid, through Qualibid’s Website, provides Advertiser with an access to an on-line software and technological infrastructure allowing them to promote various products and services to a targeted audience among the Publishers Network. Advertiser may create and display Advertisements within search results that appear upon Publishers' web sites. Advertiser gains visibility and priority within above-mentioned search results based upon biding on selected keywords within targeted geographical regions. Each Advertisement consists of Ad Title, Ad Description and Shown URL that are visible to the website visitor. Each Advertisement also contains a click URL that directs website visitor to the Advertiser's website.
Advertiser, duly registered in the Qualibid Advertising Program, can manage their promotional campaign according to their needs and budget, by choosing desired Keywords and assigning precise amount to pay for each Website Visitor who clicks on the Advertisement. Advertiser may thus create, edit and manage Advertisements displayed on various Publisher’s Websites, so that part of their traffic can be directed through search engine as a result of visitor's click (which processes a search query entered in a search box or keyword link placed on a publisher's website and generates search results) (the “Qualibid Services”).
3. SERVICE POLICY
3.1 Membership Registration
Registration is required for Advertiser to enroll as a member in the Qualibid Advertiser Program and is subject to prior approval of Qualibid. Qualibid reserves the right to refuse service to any new or existing Advertiser, for any reason, at its sole discretion.
Advertiser or their representative must be duly authorized to access and use Qualibid Services and must in doing so not violate laws and regulations or the Terms & Conditions herein. Advertiser must at all times when required submit truthful and accurate information when using Qualibid’s Services.
3.1.3. Personal Information
Advertiser must provide valid address, phone number, electronic mail and instant messenger (if applicable) in order to be registered as a member of Qualibid Website. For tax related purposes, Advertiser must also indicate their valid place of residence. Private
3.1.4 Phone Verification
Upon receiving a payment from a newly registered Advertiser, Qualibid’s representative may contact Advertiser by phone in order to verify their identity. Qualibid reserves the right to hold any payment until complete phone verification is performed. If the Advertiser fails to prove their identity, the payment will be returned to the advertiser.
3.1.5 Multiple Account Registration
The Advertiser is forbidden to register more than one Qualibid account without official permission from Qualibid administration. We reserve the right to suspend and/or terminate any and/or all Advertiser accounts belonging to the individual who registered them without our prior express consent.
3.2 Access and Right to Use
3.2.1. Access and Security
Advertiser is entirely responsible for maintaining the confidentiality of their username and password. Advertiser is not allowed to use the account, username, or password of another User at any time or to disclose their password to any third party. Advertiser will notify Qualibid immediately if Advertiser suspects any unauthorized use of their account or access to their password. Advertiser is solely responsible for any and all use of their account, including without limitation for (i) any charges made to account; (ii) maintaining the confidentiality of account information; and (iii) restricting access to Advertiser computer.
3.2.2 Ownership and License by Qualibid
a) Qualibid reserves and retains all rights, titles and interest in and to Qualibid Website and Qualibid Services, including all and any Intellectual Property, as further detailed in the Intellectual Property section of these Terms & Conditions.
b) Qualibid grants Advertiser a limited, revocable, non-exclusive and non-transferable (including without limitation non-sublicenseable) license to access and use Qualibid’s Website and Qualibid’s Services as follows:
the right to access and use the Qualibid’s Websites and Qualibid’s Services shall be limited solely to use of the Qualibid’s Website and Qualibid’s Services in connection with planning an advertising campaign. The Qualibid Services are for lawful commercial purposes. Illegal and/or unauthorized use of the Qualibid Services is prohibited. Qualibid reserves the right to take appropriate legal action for any illegal or unauthorized use of the Qualibid’s Website and Qualibid’s Services.
d) No right, title or interest in any Qualibid’s Content is transferred to Advertiser or any other person under these Terms & Conditions. For avoidance of doubt, Advertiser does not have any independent right to use any user-related information or data derived from, made available or used in connection with these Terms & Conditions, other than as expressly permitted or authorized by Qualibid. Without limiting the foregoing, Advertiser shall not make any unauthorized use of, copy, modify or make derivative works from any Qualibid Content, or sell, transfer, lease, assign, distribute, disclose, disseminate, publish, transmit or otherwise make available in any manner any Qualibid Content (including without limitation any portion thereof, or as may be aggregated or grouped together with any other information or data).
e) Except as expressly provided herein, nothing within Qualibid’s Website or Qualibid’s Services shall be construed as conferring any license of Qualibid or any third party's intellectual property rights. Without limiting the generality of the foregoing, Advertiser acknowledges and agrees that the Qualibid’s Services are highly confidential and protected by Intellectual Property as further detailed in the Intellectual Property section of these Terms & Conditions. Advertiser will not:
(i) modify, alter, or deface Intellectual Property made available in connection with the Qualibid’s Website or Qualibid’s Services;
(ii) hold itself out as in any way sponsored by, affiliated with, or endorsed by Qualibid, its affiliates, licensors or service providers as a result of these Terms & Conditions;
(iii) use any Intellectual Property or Qualibid’s Content for any purpose other than the express purpose for which it was made available;
(iv) defame or disparage Qualibid Intellectual Property or any aspect of the Qualibid‘s Websites or Qualibid’s Services; or
(v) adapt, modify, decompile, disassemble or reverse engineer any software, code, applications, programs, promotional or other materials related to Qualibid’s Website or Qualibid’s Services.
(vi) reproduce Qualibid's web site including all its sub-domains in full or in part and display it in an original or modified way within other web properties without Qualibid's express written consent.
3.2.3. License from Advertiser’s on Material Submitted or Posted
By submitting or posting an Advertisement through the Qualibid’s Website, Advertiser hereby grants to Qualibid a limited, non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, reformat, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, execute, store and cache in any media formats and through any media channel (including without limitation, the right to link to, frame or embed) to Advertisement and to include it in reference and promotional materials.
Should Advertiser submit any notes, messages, discussion forum and social media postings, ideas, suggestions, concepts or any other material, regarding Qualibid, Advertiser is thereby assigning all Advertiser's rights in it to Qualibid, and waive all moral rights therein for the term of the right, and that on a perpetual irrevocable and worldwide basis. Consequently, Advertiser gives Qualibid the right to publish, in any form, agrees that Qualibid have the right to publish the material for any type of use including, without limitation, promotional and advertising purposes.
Advertiser agrees to pay, if applicable, for all royalties, fees, and any other monies owing any person or entity by reason of any material posted by Advertiser, or on its behalf on or through, the Qualibid’s Website and Qualibid’s Services.
Qualibid performs technical modifications and other functions necessary to offer the Qualibid’s Services, including but not limited to transcoding and/or reformatting any material submitted to allow its use throughout the Qualibid’s Website.
3.2.4 Access to Third Parties Websites and Hyperlinks
Placing external links on Qualibid’s Website does not imply that Qualibid sponsors, endorses, publishes or is associated with, or had been legally authorized to use any intellectual property displayed on or accessible through such websites.
Advertiser needs to make their own independent judgment regarding their interaction with and use of these websites.
3.2.5 General limitations
To further detail the Advertiser’s right to use described in the foregoing paragraphs, it should be clear to Advertiser that he or she is not allowed of:
(a) co-branding any part of Qualibid’s Website or Qualibid’s Services;
(b) sub-licensing or reselling any data Advertiser receives from Qualibid’s Website or Qualibid’s Services;
(c) using or knowingly allowing third parties to use any data provided to Advertiser on Qualibid’s Website or through Qualibid’s Services ; or
(d) disassembling, decompiling, reverse engineering, modifying or otherwise altering any data provided to Advertiser without our prior written consent. (Such consent may be withheld at any time at our sole discretion).
3.3 Specific Restrictions to Right to Use of Advertiser
3.3.1 Prohibited Activities
It is of paramount importance that advertiser be aware prior to submitting an Advertisement that Qualibid prohibits directing traffic to Advertiser’s Website that contains, promotes or distributes, directly or by means of a redirect of any kind, the following contents:
(i) associated with any kind of illegal activities or representing or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
(ii) promoting hate, violence, terrorism, kidnapping, illegal substances usage;
(iii) protected by intellectual property right, without obtaining proper permission from the copyright owner or right holder;
(iv) using Qualibid’s Website and Qualibid’s Services to solicit others to join or become members of any other online service similar to Qualibid;
(v) contrary to law, including, without limitation, posting or electronically transmitting files, information or malicious software that may impair the performance, corrupt the content or otherwise reduce the overall functionality or compromise the security of the Qualibid’s Website and / or visitor's computer, such as viruses, spyware, Trojan horses, worms or other harmful or disruptive components;
(vi) involving fraud or misrepresentation, including but not limited to advertiser's identity or any products or services promoted through use of Qualibid’s Services, namely but not limited to impersonating others, including our employees, hosts, Publishers, representatives or other advertisers of Qualibid’s Website;
(vii) using unfair and/or deceptive trade practices;
(viii) containing unsolicited or libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, pornographic, harassing, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, infringe the rights of any party or otherwise give rise to liability;
(vix) engaged in phishing by any means or contains links to web properties engaged in phishing or attempting to gain access to secured areas and retrieve, download, transmit, copy or print hard copy portions of sensitive information; or
3.3.2 Additional Requirements for Digital Products
Advertisements for digital products and services that are downloadable by Advertiser Visitor’s onto Advertiser’s Website are allowed, but only to the extent that the following conditions are met:
(a) The download page is NOT empty and contains relevant explanatory text along with the button or text link that initiates the download process (e.g. “I Agree”) and a button or text link that cancels the download (e.g. “I Disagree”);
(b) The Advertiser’s Visitor has a clear chose to agree or to decline the download by pressing the appropriate button or safely closing the download page without triggering any event including but not limited to opening new browser windows, tabs, pop-ups, pop-unders, floating windows, banners, redirects of any kind or other download attempts;
(c) The Advertiser’s Visitor is required to affirmatively agree to the download in order for it to begin;
(d) Prior to agreeing to the download, the user is clearly told: (i) exactly what product(s) will be installed; and (ii) exactly how the downloaded product(s) will function, including what personal information, if any, it/they will collect and/or use;
3.3.3 Applicable Laws
All advertisers' ads must always comply with the following laws:
(I) All applicable Canadian and Quebec laws.
(ii) All applicable laws of the country where the advertiser resides.
(III) All applicable laws of the country from which the advertiser aquires online visitors.
In case of the contradiction between the provisions of any applicable laws, Quebec laws shall prevail.
3.4 Advertisement Subscription
Advertiser may only submit Ad Titles, Ad Descriptions, Shown URLs and Keywords that are relevant to the Advertiser’s Website where Click URL points to. If any information provided on Advertiser’s Websites is changed, Keywords and Ad Descriptions must be updated to be both current and accurate.
3.4.2 Right To Reject
All URL links, Keywords and Ad Descriptions are subject to Qualibid's approval. Signing up for the Qualibid Advertising Program does not guarantee that any Ad submitted by the Advertiser will be accepted by Qualibid.
3.4.3 Advertiser acknowledges that Qualibid shall have the right, at its sole discretion, to refuse any Ad submitted by the Advertiser. Without limiting the generality of the foregoing, Qualibid shall have the right to remove any Advertisement that violates these Terms & Conditions, namely but not limited to the above Specific Restrictions to Right to Use of Advertiser paragraphs, or that are otherwise objectionable.
3.4.4 Advertising Listings
The Ad Title, Ad Description and shown URL created and assigned by
Advertiser cannot deceive Visitor's perception. Domain name in the
Shown URL must match the domain name of the landing page. In case
Advertiser represents a third party and cannot obey this rule due to
the violation of third party terms & conditions or intellectual
property, Advertiser must ask a permission of Qualibid to assign a
domain name to Shown URL that differs from the domain name contained
in the landing page URL. Qualibid reserves the right to suspend or
terminate violating accounts.
3.4.5 Duplicate Advertisements
Advertiser is not allowed running two or more identical ads containing identical Ad Title, Ad Description or Shown URL and identical Keywords within the same geographic region, within the same time periods.
Advertiser is not allowed running two or more ads with the same Click URL or leading to the same web page, directly or via redirect of any kind, containing identical Keywords within the same geographic region, within the same time periods.
Advertiser, however, may run identical ads containing identical Keywords within the same geographic region, given that these ads receive traffic from different traffic source IDs or within different time periods.
3.4.6 Special Characters
The title and description of the advertiser's ad must not contain more
than six special symbols in addition to the symbols used for the
punctuation purposes. Likewise, the advertiser should not overuse
capital letters in the title, description and shown URL of their ad.
Capital letters may only be used to emphasize important terms.
3.5 Advertising on Publishers Websites and Monitoring
3.5.1 Inclusion of Advertisement
Advertisement can appear on the Publisher’s Websites, which are part of Publishers Network. Advertiser understands and agrees that Visitors can view and access Advertisement on Publishers Websites, which are owned, managed, operated or represented by Publishers and that as such, Qualibid doesn’t have any control over Publisher’s Websites.
Qualibid does not guarantee that Advertisement posted by Advertiser, regardless of the Advertiser's bids, or that Advertisement listings generated in connection with the Qualibid Advertising Program will appear, be available or displayed on the Publisher’s Websites.
Advertiser understands and agrees that advertisement listings compiled for each Keyword (the “Search Results”) and made available by Qualibid to Publishers are ranked and determined according to the highest bids. Each Publisher determines the number of such Advertisements he intends to display on their websites and the number of pages of its websites where these Search Results will be displayed.
3.5.3 Positioning and Visuals
Qualibid does not guarantee that Advertisement will appear within the first page of advertisement listings on Publisher's Website. Some Publishers merge Search Results generated by a number of Publisher's Network within a single advertisement listings, which is the reason why Qualibid does not guarantee any Advertisement position on Publisher’s Website regardless of position displayed in the Qualibid's bid checker.
Qualibid has no control over the graphic and text style employed on Publisher’s Website, which is the reason why Advertisement may appear in variety of styles. Publisher may add graphic elements including but not limited to bullets, icons and Advertiser’s Website screenshots that would appear next to Advertisement. Qualibid is not responsible for any such alterations.
Publisher controls design, layout of the Advertisement and can change some visual settings of to fit publisher's design and to attract Visitors to Advertiser's Website. Advertiser agrees and accepts that the actual styling and visual appearance of Advertisement may vary depending on Publisher Website’s design.
Qualibid cannot guarantee any content consistency within these Publisher’s Websites. Qualibid cannot be held liable and offers no guaranty whatsoever as to the accuracy, timeliness and completeness of the information contained on the Publisher’s Websites.
If Advertiser encounters a violation of Qualibid's Terms and Conditions by Publisher or has concerns regarding the quality or relevancy of the Publisher Website’s content, it is Advertiser's obligation to inform Qualibid about such issues.
3.5.4 Traffic Quality
Signing up for the Qualibid Advertising Program does not guarantee that any Advertisement submitted will generate any traffic to Advertiser’s Website or any visitors-to-sales conversion rates. Advertiser's ROI and traffic conversion rates are based upon wide variety of factors including the overall competitiveness of Advertiser’s offers, quality and relevancy of Advertiser's landing pages, keyword and geographical targeting, bidding strategy and various campaign settings. All advertising results including but not limited to online sales, consumer response, sign ups, digital product downloads, personal information submissions and other leads is the sole responsibility of the Advertiser. Qualibid cannot be held liable for any traffic conversion rates and / or traffic quality fluctuations.
3.5.5 Testimonials and Claims
Any claims made of actual earnings or examples of actual results can be verified upon request to Qualibid. The testimonials, case studies, and examples used are exceptional results, do not apply to the average Advertiser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Advertiser will earn any money.
3.5.6 Statistical Accuracy
Advertiser has access to statistical data associated with the traffic provided by Qualibid. Advertiser may also use third party tools in order to analyze traffic provided by Qualibid. Qualibid is not responsible for the accuracy of information and analysis provided by these third party tools.
More specifically, Qualibid cannot be held liable and does not offer any guaranty whatsoever as to the accuracy of the statistical data associated with Advertiser account. Qualibid is not responsible for any discrepancies between the number of visitors generated by Publisher Network and the number of Visitors landed on the Advertiser's Website according to personal or third party analytical applications employed by the Advertiser.
4. PAYMENT POLICY
Qualibid requires advance payment, which has to be made by the Advertiser prior to activating their advertisements. The minimum amount is specified on the Qualibid’s Website and depends upon payment method selected by the Advertiser. Qualibid reserves the right to change the minimum payment amount at any time without prior notice. Advertiser agrees to pay all processing fees and charges applicable to payments.
Canadian non-Quebec residents will be charged GST and Quebec residents will be charged GST and QST.
Advertiser understands and agrees that the account will be charged for all clicks on advertisements created by Advertiser.
Advertiser must deposit in advance the desirable amount of money to cover future clicks. Qualibid’s Website will redirect Visitors to Advertiser's Website in accordance with the bid and other settings assigned by the Advertiser and then charge Advertiser’s account balance for every click.
Advertiser acknowledges that the payment obligation hereunder is based solely on the number of Visitors (clicks) delivered to the Advertiser's Website.
4.3. Refund Policy
If the Advertiser is not satisfied with the quality of purchased clicks for any reason, he / she may submit a request for internal investigation within fifteen (15) days from the moment of receiving these clicks, given that the disputed traffic source has provided at least fifteen (15) clicks within the specified time period. All requests must be submitted via Qualibid ticket system only. The Advertiser must indicate traffic source ID and provide supporting material to help Qualibid to investigate the issue. If Qualibid determines that the reported traffic source has provided the advertiser with inadequate quality traffic, the advertiser's internal account may be credited with the appropriate amount (in full or in part) for the maximum period of fifteen (15) days (unless the advertiser has a written agreement with Qualibid specifying other Refund Terms).
Any refund is at Qualibid's sole discretion and will be evaluated on a case-by-case basis.
4.4. Paypal Payments
Upon adding funds via new PayPal account, Advertiser is required to confirm the e-mail address associated with PayPal account. The Advertiser's account will not be funded until the verification is complete. Qualibid reserves the right to decline any payment for any reason. PayPal transaction fee will be subtracted from the amount paid.
4.5. Webmoney Transfer System
The services offered by Qualibid are not provided for, by request or on behalf of WebMoney Transfer System. Qualibid hereby acts as an independent entity providing services and making independent decisions regarding its services, fees and policies. WebMoney Transfer System does not receive any commissions, interest, awards, refunds or any other fees for Qualibid services and is not liable for Qualibid's activities. The verification performed by WebMoney Transfer System only confirms the identity of Qualibid as well as the accuracy of its contact details. This verification is executed based upon Qualibid's own free will and does not signify any connection and/or commercial activity between Qualibid and WebMoney Transfer System.
4.6 Case of Charge back
In case of charge back, Qualibid reserves the right, in its sole discretion, with or without notice, to either suspend or terminate Advertiser’s account.
Final billing to Advertiser shall be conclusively presumed by Advertiser to be accurate and proper.
5. REPRESENTATIONS OF ADVERTISER
5.1 By using Qualibid’s Website and Qualibid’s Services, Advertiser warrants and represents that he / she:
(a) is duly authorized to operate an account on Qualibid’s Website and is authorized to access and use Qualibid’s Services;
(b) provides at all times to Qualibid truthful, complete and accurate information;
(c) will not violate any laws and regulations of Qualibid’s Website and Qualibid’s Services, namely but without limitations with regard to their Ads and postings;
(d) is and will act in compliance with all provisions of these Terms & Conditions, including and more particularly regarding Prohibited Activities;
(e) own the text, files, images, photos, works of authorship and all other materials posted on or through Qualibid’s Website or otherwise have the right to grant the license set forth herein, and (ii) the posting of Advertiser Content on or through the Qualibid’s Website does not violate the privacy rights, publicity rights, intellectual property, contract rights or any other rights of any person or entity.
6. LIABILITY POLICY
6.1 Limitation of Liability
Under no circumstances, Qualibid, its successors, officers, directors, affiliates, employees, representatives, agents, consultants or contractors shall be liable for indirect, punitive special or exemplary damages resulting from:
a) the use of the Qualibid’s Website, including namely, and without limitation, whether in an action under contract, negligence, civil liability, or any other theory arising out of or in connection with the use, inability to use or performance of the information, services, products, and materials available from Qualibid’s Website or Qualibid’s Services, any interruption, loss of business, revenue, profits or information and the like, incurred by the Advertiser arising from their use;
b) more specifically, any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of information, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of Qualibid’s records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount already paid to Qualibid, be liable for any indirect, special, incidental, or consequential damages, arising out of the use or inability to use Qualibid ‘s Website and Qualibid’s Services or for any breach of warranty;
c) for the Advertiser's account safety and specific performance results;
d) for the safety of the Advertiser's funds, advertising campaigns, advertisement units, and billing and statistical data;
e) selection or retention of, or any acts, errors, or omissions by, any third party in connection with Qualibid’s Website or Qualibid’s Services, including, without limitation, those with whom Qualibid may contract to operate various portions of Qualibid’s Website and those to whom Qualibid provides links to for content, advertising or any other type of data or information;
Some countries and states do not allow the limitation or exclusion of liability for some damages, so the above limitation may not apply to the Advertiser.
The Advertiser expressly agrees that the use of Qualibid’s Website and Qualibid Services is at the Advertiser’s own risk. Qualibid’s Website is available on an “as is” basis, without warranty of any kind, express or implied, relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
Neither Qualibid nor any of its successors, officers, directors, affiliates, employees, representatives and agents consultants or contractors, makes any warranty or representation whatsoever regarding Qualibid’s Websites and Qualibid’s Services including, without limitation:
a) any warranties as to the availability, accuracy or content of Qualibid’s Website and / or information, products or services available through Qualibid’s services; and any warranties of title or fitness for a particular purpose;
b) any information, services or products provided or available through or in connection with Qualibid’s Website or Qualibid’s Services or any results obtained through the use thereof;
c) uninterrupted availability of the Qualibid Website and cannot provide any representation that using the Qualibid Website will be error free;
d) to the longevity of Qualibid’s Website or Qualibid’s Services and reserve the right to terminate it at any moment, at our sole discretion and that without notice. Qualibid assumes no responsibility for any prejudice or drawback resulting from the termination of Qualibid’s Website or Qualibid’s Services;
e) the security if servers are damaged, hacked or otherwise compromised due to any other abnormal circumstances;
f) the use of the materials in Qualibid’s Website or Qualibid’s Services.
Some countries and states do not allow the exclusion of implied warranties, so the above exclusion may sometimes not apply to the Advertiser.
Advertiser agrees to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by Qualibid, its successors, officers, directors, affiliates, employees, representatives and agents consultants or contractors, arising from any infringement of these Terms & Conditions.
Advertiser agrees to indemnify and hold Qualibid and its successors, officers, directors, affiliates, employees, representatives and agents consultants or contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorney fees) resulting from claims or actions arising out of or in connection with (i) Advertiser's participation in the Qualibid Advertising program, (ii) Advertiser's Websites or any links from Advertiser's Websites (iii) any libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertiser’s Websites (iv) any breach by Advertiser of any duty, representation, warranty under any Terms & Conditions with Qualibid, or (v) relating to a contaminated file, virus, worm, Trojan horse or similar emanating from Advertiser’s Websites.
Advertiser is solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to Qualibid, its successors, officers, directors affiliates, employees, representatives and agents consultants or contractors
7. INTELLECTUAL PROPERTY
Advertiser agrees to respect Intellectual Property of Qualibid and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any Qualibid Content within the Qualibid’s Website.
7.2 Third Parties Intellectual Property. Qualibid respects any copyright, patent, trademark, trade secret or other proprietary rights of others and requires that Advertisers do the same. Advertiser may not upload, embed, post, email, transmit or otherwise make available any material that infringes any such intellectual property person or entity. Qualibid has the right to terminate suspected infringers' access to the Qualibid’s website and Qualibid’s Services.
If someone believes its work has been copied and posted on or through the Qualibid Services in a way that constitutes copyright infringement, a notification of claimed infringement should be sent to Qualibid: with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Qualibid Website (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) sufficient contact information, such as an address, telephone number, and, if available, an email address;
(d) a statement made in good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
(e) a statement that the information in the notification is accurate and owner of intellectual property or authorized to act on the owner's behalf; and (f) physical or electronic signature.
All Qualibid’s Content is confidential and proprietary to Qualibid. Advertiser will not disclose any Qualibid’s Content. No Qualibid’s Content shall be commingled with other information or materials and access to Qualibid’s Content shall be strictly controlled. Advertiser will not provide access to Qualibid’s Content except to users authorized by Advertiser under these Terms & Conditions, each of whom is bound in writing by use and confidentiality restrictions that are at least as protective of us as those contained herein.
Advertiser shall use commercially reasonable efforts, which in no case shall be of a lesser standard than those efforts used to protect its own confidential information, to maintain and protect the confidentiality of the Qualibid’s Content and other proprietary interests of Qualibid. Qualibid’s Content will not be considered confidential and proprietary to Qualibid if such Qualibid’s Content (i) is or becomes part of the public domain through no act or omission by Advertiser or any other third party; or (ii) is lawfully received by Advertiser from a third party (or was verifiably known to Advertiser, prior to disclosure by Qualibid) without (to Advertiser’s knowledge) restriction on use or disclosure, breach of any fiduciary duty, or breach of these Terms & Conditions or any other agreement. Upon termination of these Terms & Conditions, or upon Qualibid's written request, Advertiser shall destroy or return to us any Qualibid’s Content provided under these Terms & Conditions and shall certify in writing compliance with the foregoing. Advertiser may not refer to the Qualibid’s Services (including without limitation any Qualibid’s Content) without our prior written approval. This paragraph will survive the termination of these Terms & Conditions.
These Terms & Conditions shall remain in full force and effect, at all times, while having the Advertiser’s status and apply and survive if a matter of concerns relating to an element of Qualibid’s Website shall be normally governed by a provision of these Terms & Conditions, such as, but not limited to obligations relating to Use, Liability, Intellectual Property, Confidentiality and Jurisdiction.
10. CANCELLATION OR TERMINATION
If Advertiser is dissatisfied with Qualibid’s Services or the Terms & Conditions herein, Advertiser’s sole and exclusive remedy is to request to deactivate the account. Accounts may be deactivated at any time by sending an email to Qualibid Support. The remaining account balance will not be refunded to the Advertiser. Advertiser waives the right to request a refund of the remaining balance.
Qualibid may, in its sole discretion, deactivate or terminate Advertiser’s account, and discontinue the advertising campaigns or use of any Keyword if Qualibid believes that Advertiser has violated these Terms & Conditions or other policies or guidelines that Qualibid may post on Qualibid Website or provides to Advertisers by means of email or internal mail system. Qualibid can also deactivate or terminate advertising account if Qualibid believes that Advertiser’s conduct is harmful to other Visitors and Advertisers. The remaining account balance will not be returned to the advertiser. Advertiser waives the right to request a refund of the remaining balance.
All decisions made by Qualibid in this matter are final. Qualibid reserves the right to cancel the advertising program at any time. Credits or promotional credits are non refundable.
Qualibid reserves the right to change any part of these Terms & Conditions without prior notice.
Qualibid has complete discretion to modify or remove any part of this Website without warning or liability arising from such action.
12. TRANSFER OF RIGHTS
Advertiser’s registration with Website is for sole, personal, and exclusive use. Advertiser may not authorize others to use Advertiser’s Qualibid account, and may not assign or otherwise transfer the account to any other person or entity. Advertiser shall not, under any circumstances, have the right to transfer or assign the account, any personal identification numbers or password to any other person or party. Any such attempted transfer or assignment shall be void and shall constitute a material breach of this Terms & Conditions on Advertiser’s part. In addition, Advertiser must promptly inform Qualibid of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of Advertiser’s account, personal identification number or password.
If Advertiser suffers any prejudice whatsoever or disagrees in any way with the interpretation or application of these Terms & Conditions, Advertiser's only recourse is to leave Qualibid's Website. These Terms & Conditions and any and all other legal notices posted on Qualibid’s Website constitute the entire agreement between Advertiser and Qualibid with respect to the use of Qualibid’s Website, its content and related Qualibid’s Services.
Interpretation. In these Terms & Conditions, unless otherwise expressly provided or as the context otherwise requires:
(a) headings are solely for convenience of reference and are not intended to be complete or accurate descriptions of content or to be guides to interpretation of the present terms and condition or any part of it;
(b) an accounting term not otherwise defined in the present terms and condition has the meaning assigned to it;
(c) a reference to currency or dollar(s) means US currency;
(d) a reference to a statute includes all regulations made thereunder, all amendments to the statute or regulations in force from time to time, and every statute or regulation that supplements or supersedes such statute or regulations;
(e) a reference to an entity includes any successor to that entity;
Severability. The provisions of these Terms & Conditions are severable, and if any provision of the Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remainder of these Terms & Conditions.
Enforceability. The failure or delay of Qualibid to enforce any provision of these Terms & Conditions or other rights or remedies under law shall not constitute a waiver or limitation of Qualibid’s rights to enforce any provision of this Agreement or to exercise any other such rights or remedies.
Waiver. No waiver of any term, provision or condition of these Terms & Conditions whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Additional Terms. The use of certain Qualibid Services may require compliance with additional rules, conditions, provisions or guidelines and specifics will be listed in a separate agreement. Should confusion between these Terms & Conditions and any specific conventions, the latter shall prevail.
Independent Contractor. The relationship between Qualibid and Advertiser is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent or representative of the other for any purpose whatsoever, nor has the legal right or authority to make any representation, warranty, promise, guaranty or agreement in the name of or for the account of the other under this Agreement, except as otherwise expressly authorized by a party under this Agreement.
Force Majeure. Qualibid shall have no liability under these Terms & Conditions (to the extent permitted by applicable law) by reason of any failure or delay in the performance of our obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond our reasonable control.
20. INFORMATION REQUESTS
Advertiser can contact Qualibid support by email.
Qualibid will respond to requests or investigate concerns as soon as possible, but no later than thirty (30) days after the date of receipt.
Updated: October 31, 2012.