The Advertiser (receiving party) shall hold all information relative to spot rates and any other proprietary information given by the Broadcaster (disclosing party) in the strictest of confidence and shall use its best efforts to protect spot rates and other proprietary information from exposure to third parties. The receiving party shall not use, abstract, copy or summarize this proprietary information. In the event of breach, the violating party shall not be allowed to participate in future Bid4Spots, Inc. auctions. BID4Spots is not liable for any breach of confidential information by either party.

Payment Information:
Bid4Spots, Inc. accepts payment of the pre-paid funds for advertising spots in cash, ACH payment, bank wire, credit card, PayPal, check or money order. Upon receipt by Bid4Spots of confirmation of spots running as awarded by radio stations, all transactions will be considered completed and not subject to refund or credit. 

Credit Terms:
An Advertiser may initiate an auction without prepayment provided that the radio stations participating in the auction have approved the Advertiser’s credit. Only stations that have approved the advertiser’s credit application in advance of the auction will be eligible to bid in credit based auctions. To apply for credit, the Advertiser shall deliver to Bid4Spots a credit application (using a form provided by Bid4Spots) no later than 14 days prior to the subject auction date, and Bid4Spots will submit the application on behalf of the Advertiser to participating radio stations. Terms of credit shall be 60 days from the date of the invoice. An Advertiser whose credit has previously been approved by all radio stations participating in the subject auction shall not be required to submit a credit application unless requested by a participating radio station. The decision as to whether and how much credit is extended to an Advertiser is made by each participating radio station in its sole discretion, using its own independent judgment with respect to credit qualifications. Bid4Spots does not participate in any credit decision and has no authority to grant or deny credit to any Advertiser. Participating radio stations reserve the right to revoke credit extended to any Advertiser for any reason with 10 days’ prior written notice to Advertiser and Bid4Spots. An Advertiser who has been granted credit agrees to: (i) pay in full the amount of the invoice for awarded spots in accordance with its terms; and (ii) pay any and all costs and fees for late payment, returned checks or other costs in connection with any failure to pay the amount invoiced. Bid4Spots may deny access to its auctions to any party for failure to pay any invoice in accordance with its terms. Bid4Spots shall not be liable to (i) Advertisers for any action by a radio station in connection with extending, denying or curtailing credit; or (ii) radio stations for any action by Advertisers in connection with credit granted or denied to such Advertiser including failure to pay and failure to comply with credit obligations.

Credit Card Transactions:
If an advertiser chooses to use a credit card to make such payment, the fee for the advertising spot will be charged to the advertiser’s credit card immediately upon placing the order for the advertising spot. Upon receipt by Bid4Spots of confirmation of spots running as awarded by radio stations, any credit card transaction will be considered completed and not subject to refund. Advertiser shall be responsible for transmission of all creative materials necessary for advertisements to radio stations and Bid4Spots shall have no responsibility therefore. In the event an advertiser or agency initiates any procedure to charge back a credit card transaction, Bid4Spots shall be entitled to recover all costs associated with defending the charge back effort from the advertiser or agency. Bid4spots.com may collect user credit card information, including without limitation billing addressees and expirations dates (collectively “credit card information”) when users place an order with Bid4spots or any of its affiliates or subsidiaries through their website. Users’ credit card information will be encrypted and protected with SSL encryption software. Bid4spots.com will use users’ credit card information for processing and completing purchase transactions, and will disclose such information to third parties only when necessary to complete the purchase transaction. Bid4Spots.com will take reasonable safeguards to protect this information, but is not liable for its accidental loss or dissemination.

Participation in Auctions:
In order for an auction to take place, Advertiser’s funds must be cleared by the deadline specified on the Bid4Spots website. This deadline is subject to change without notification. Bid4Spots, Inc. reserves the right without cause to deny access to its auctions to any party.

Auction start and end times are based solely on the auction countdown clock displayed on the Bid4Spots site. Bids placed after the countdown has ended will not be entered into the system. Bid4Spots is not responsible, nor liable if the auction countdown clock malfunctions in any manner.

If Bid4Spots, Inc. does not receive spot times from a radio station within five (5) days after the close of the broadcast week, then Bid4Spots, Inc. will return the pre-paid funds for those spots to the advertiser. Bid4Spots, Inc. does not accept make goods. Bid4Spots, Inc. shall not be responsible for any payment to a radio station if funds deposited to pay for spots are returned to an advertiser due to the radio station's failure to submit spot times in accordance with these terms. Radio Stations must confirm the spot times for advertisements within five (5) days after the close of the broadcast week. Radio stations understand and agree that these confirmations constitute a binding commitment that the spots ran as confirmed. Bid4Spots may rely conclusively on the confirmations as a condition to the release of pre-paid funds to advertisers. Advertisers release Bid4Spots from any liability to advertiser for failure of a radio station to run any advertisements for which spots were confirmed by the radio station, and the sole recourse of such advertiser(s) shall be against the radio stations.

Bid4Spots, Inc. uses and relies upon Arbitron, Inc.’s data in setting up each terrestrial auction for radio advertising. Only those radio stations with an Arbitron-classified market and programming format that matches the advertiser’s requested programming market and/or format are permitted to bid in the auction for such advertiser’s spots. Bid4Spots, Inc. shall rely conclusively on the Arbitron market and programming format classifications unless notified by a radio station, promptly and in writing, of a change in the radio station’s market and/or format. Within one month of Arbitron’s quarterly release of the updated data, Bid4Spots, Inc. updates its own radio station information database with the Arbitron data. If a radio station changes its market and/or programming format in the interim between one of Arbitron’s quarterly releases of updated radio station data, it is the responsibility of the radio stations to notify Bid4Spots, Inc. promptly, in writing, of such change. Bid4Spots, Inc. shall not be liable to advertisers for spots that air on a radio station that has changed its market and/or programming format and has not provided Bid4Spots, Inc. with written notification of such change.

Radio stations are not permitted to bid in auctions that do not include their programming format. When a radio station changes its format, and such a change is not reported prior to an auction, it is the responsibility of the radio station to refrain from bidding in an auction that does not include that radio station’s new programming format. If, subsequent to a programming format change, if a radio station is the winning bidder in an auction that does not include their new programming format, the radio station shall not be paid for running the advertising spots on which it bid. When a station changes its programming format, they must update their station profile within 2 business days. Failure to promptly update a station profile can result in suspension or termination of that station’s user privileges.

In rare circumstances a station will not be able to run spots as awarded.  In these cases the funds can either be refunded to the advertiser or used for future auctions.  Bid4Spots will only pay stations for spots that run as awarded in the auction and will not accept make goods.

You agree to comply with the following rules in addition to all other legal requirements and rules:

1. Any Broadcast Programmer participating in the Bid4Spots Internet Radio Marketplace from a Web site certifies that they are authorized by the owner(s) of rights in the original programs from which such Broadcast Programs are derived. For any and all transmissions for the Bid4Spots Internet Radio Marketplace, you represent and warrant that you have obtained all authorization necessary to allow such programs to be used, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA"), ASCAP, SESAC, BMI and any applicable local, state, national, or international laws.

While participating in the Bid4Spots Internet Radio Marketplace, you agree not to stream any materials such as files or sound recordings that:

1. Contain any viruses, Trojan horses, worms, time bombs, bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

2. Advocate or encourage any illegal activity;

3. Violate the privacy of individuals, including other users of the Bid4Spots.com web site;

4. Violate any applicable local, state, national, or international law (including, without limitation, the DMCA).

5. Bid4Spots, Inc. in its sole discretion shall determine your compliance with the foregoing rules, and reserves the right to block broadcasters in violation and or delete from the Bid4Spots, Inc. web site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. Bid4Spots, Inc. may take any action it deems necessary with respect to your Broadcast Programming or any other material posted by you on the Bid4Spots, Inc. web site, if Bid4Spots, Inc. finds, in its sole and exclusive judgment, that such Broadcast Programming and/or other material may result in liability being imposed upon Bid4Spots, Inc. or Spacial Audio Solutions, LLC or may cause the loss (in whole or in part) of the services of its ISP or other service providers and or Licensers.

2. You are not permitted to use the Bid4Spots, Inc.’s name, URL, trademarks, copyrights or properties without the expressed written consent of an authorized agent of Bid4Spots, Inc.

3. You agree to comply with all laws and regulations applicable to your use of the Bid4Spots, Inc.’s web site and any materials you upload to or transmit via Bid4Spots, Inc.

In an effort to assist advertisers with creative materials, Bid4Spots, Inc. may provide references of various vendors of such services. However, Bid4Spots, Inc. does not warrant the work of said vendors. All aspects of the relationship relative to the creation of advertising or other materials is strictly between the advertiser and the vendor selected by that advertiser.

Bid4Spots, Inc. acts as an intermediary between advertisers and stations. Bid4Spots, Inc., makes no warranty, expressed or implied on behalf of any advertiser, including warranties as to the merchantability or quality of any advertiser’s goods or services, or their fitness for any specific purpose. No advertiser is authorized by Bid4Spots, Inc. to make representations or warranties on behalf of Bid4Spots, Inc. or to indicate that Bid4Spots, Inc. warrants any advertiser’s goods or services.

If an advertiser uses an on air personality in one of their spots the personality name must be disclosed either in the spot name or traffic instructions field of the auction.  If the use of a personality is not disclosed in advance, the winning stations will not be required to air the spot as awarded and the auction will be treated as though no winning bid was submitted for any spots that were not run as a result of the failure by the advertiser to disclose the identity of the personality.

Indemnification:
You indemnify and hold harmless Bid4Spots, Inc. and Spacial Audio Solutions, LLC, the officers, directors, employees, partners, principals, agents and representatives of Spacial Audio Solutions, LLC and Bid4Spots, Inc. from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees arising out of or relating to any breach by you of any covenant, representation or warranty made by you in this Agreement, including without limitation, any claims that your Broadcast Programming violates the intellectual property rights of any third parties

Bid4spots.com appreciates the importance of maintaining your privacy and how information about you is gathered, used and disseminated. This statement is to inform you of our Privacy Policy and how we collect and use information. This policy applies to our information collection and dissemination on (a) our website(s), (b) third party websites (affiliated with us), and (c) other ways we collect and use user information including the purchase of customer lists and data from third parties.

Information Volunteered by User:
Upon completion of any survey, order form or registration form, online or offline, Bid4spots.com will collect user information provided on such forms. Some information is necessary to complete the survey, order or registration, while other information is requested and volunteered by the user to enhance usage of features, or increase eligibility to win prizes or receive special offers. The information provided by users typically include a user’s name, address, email, telephone number, birth date, gender, salary range, education, martial status, occupation, employment status, personal and online interests, and other information that may be requested from time to time. We may also collect information about a user’s web browser or Internet Protocol (IP) address. Bid4spots.com or a third party may offer users incentives in exchange for providing the requested information.

Information Gathered from Third Parties:
Bid4spots.com may license or otherwise lawfully acquire user information from a third party. This information may include a user’s name, address, email, telephone number, birth date, gender, salary range, education, marital status, occupation, employment status, person or online interests and other information that users have lawfully provided to a third party, or a third party has otherwise lawfully acquired. When acquiring these outside sources, Bid4spots.com will exercise due diligence in assuring that such data was lawfully obtained, that the third party has the right to transfer said information to Bid4spots.com, and that we have the right to provide offers from advertisers to the users whose information was obtained. If we obtain user information from websites other than our own, our name will appear and users will be notified that by singing up or accepting the terms and conditions, they will be receiving promotional and marketing messages from Bid4spots.com. There will also be a link to our latest Privacy Policy.

Other occasions where Bid4spots.com may obtain user information may include (1) when users claim a prize or seek to redeem an incentive offered by us or a third party, (2) when users request assistance through our customer service department, or (3) when users voluntarily subscribe to a service or newsletter provided by Bid4spots.com or a third party. Bid4spots.com may also obtain user information from public databases.  

Web Beacons:
Web beacons are electronic images that allow a web site to count users who have visited that page or to access certain cookies. These electronic images, sometimes referred to as “single-pixel GIF” or, can track the effectiveness of a promotional campaign and transfer an individual’s unique user identification (often in the form of a “cookie”) and input and associate updated information into our database.

Bid4spots.com includes web beacons in HTML-formatted email messages that are sent to determine whether email messages were opened or acted upon. Generally, any electronic image viewed as part of a web page including an ad banner can act as a web beacon.

Cookies:
Cookies are small files placed on user hard drives that allow companies to analyze the quality and effectiveness of web pages, and identify users with corresponding information in databases. Users are typically free to decline cookies, although this may limit the use and functionality of our web site’s features and functionality.

Other Information Collected Using New Technology:
As technology continues to rapidly change and advance so will Bid4spots.com’s uses of such technology. As a result, Bid4spots.com may change or employ additional methods in gathering, using, and disseminating user information. Users are thus encouraged to visit this page for any updates to our policy.

Information Regarding Children:
Bid4spots.com will not knowingly collect any personal information from users under the age of 13. Users between the ages or 13 and 18 may use Bid4spots.com’s Websites, but only under the supervision of a parent or legal guardian who agrees to our Privacy Policy. Bid4spots.com will immediately delete any and all information when actual knowledge that the user information belongs to a user under 13 years of age. Bid4spots.com does not knowingly use information of users under 13, nor disseminate any such information to third parties. We strive to fully comply with the Children’s Online Privacy Protection Act (COPPA).

Bid4spots.com’s Use of Information Obtained:
With the exception of a change in control of our company or the sale of substantially all of the Company’s assets, Bid4spots.com will not rent, sell or license users’ personal information to any third party, without first notifying users via email of our intent to take such action and allowing users to remove their information from the transfer. Bid4spots.com uses individual information to provide promotional offers to users through email advertising, telephone marketing, post mail, and other means of communication. Bid4spots.com reserves the right to use user information for any legally permissible purpose.

Summary Data:
Bid4spots.com may sell, transfer or share non-individual information in the form of a summary of responses and information without identifying specific individuals or groups.

Storage Information:
Bid4spots.com stores information on a database on computers in the United States. Procedural and technical safeguards are continuously employed and updated to ensure the protection against the loss, misuse or alteration of information under Bid4spots.com control including encryption, firewalls and secure socket layers and other technology. While Bid4spots.com cannot guarantee that user data will not be accessed illegally, Bid4spots.com appreciates the sensitivity and confidentiality of user data and employs various security techniques to reduce the chances of, and prevent, unauthorized access by users both inside and outside of the company.

Legal Requests:
Bid4spots.com cooperates with law enforcement inquiries, as well as third parties to enforce laws, court orders, protect intellectual property rights, eliminate fraud, and help protect both users and our company from illegal actions. Bid4spots.com may disclose user information to law enforcement or other government officials as required by law in response to a verified request by a law enforcement or other government official relating to a criminal investigation or alleged criminal activity, suspected criminal activity, or potential threats to the safety of an individual. Due to the existing regulatory environment, Bid4spots.com makes no assurances that user information will never be disclosed in any way not otherwise described in the Privacy Policy.

Practices of Third Parties:
Users should be aware that advertising agencies, advertising networks, and other companies who place advertisements on Websites, email messages and on the internet may use beacons, cookies or other technology to collect user information. Bid4spots.com has no control over, and is not responsible for, any third party’s use of cookies, web beacons or other technology to collect user information.

More Information:
If you have questions about this policy, please contact us at CustomerService@bid4spots.com

WE RESERVE THE RIGHT TO UPDATE THIS POLICY WITHOUT NOTICE. USERS SHOULD REVIEW THIS POLICY FREQUENTLY.