Privacy Policies

Each Bid4Spots user (“receiving party”) shall hold any proprietary information received by it in connection with participation in Bid4Spots, Inc. auctions in the strictest of confidence and shall use its best efforts to protect such 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 or local cable television systems (such stations and systems referred to hereinafter as “Sellers”), all transactions will be considered completed and not subject to refund or credit. 

Credit Card Transactions:
If an advertiser chooses to use a credit card to make such payment, the fee for the advertising spots will be charged to the advertiser’s credit card immediately upon the close of the auction. Upon receipt by Bid4Spots of confirmation of spots running as awarded by Sellers, any credit card transaction will be considered completed and not subject to refund or dispute. 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 addresses and expirations dates (collectively “credit card information”) when users place an auction with Bid4Spots or any of its affiliates or subsidiaries through their web site. 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:
Sellers and advertisers that register to participate in the Bid4Spots marketplace are under no obligation to participate in any auctions and may determine, in their sole discretion, whether or not to participate in any particular auction.

In order for an auction to take place, advertisers’ funds must be cleared by the deadline specified on the Bid4Spots web site. 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.

Performance Requirements:
Bid4Spots, Inc. shall not be responsible for any payment to a Seller if funds deposited to pay for spots are returned to an advertiser due to the Seller's failure to submit spot times in accordance with the following terms.  Bid4Spots, Inc. does not accept make goods. Sellers must confirm the spot times for advertisements (via affidavit or other written confirmation of spot times) within five (5) days after the close of the broadcast week. Absent such confirmation, Bid4Spots shall be entitled to conclude that the relevant spots were not run and may refund corresponding deposited funds to the appropriate advertisers. Sellers 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 Sellers. Advertisers release Bid4Spots from any liability to advertiser for failure of a Seller to run any advertisements for which spots were confirmed by the Seller, and the sole recourse of such advertiser(s) shall be against the Seller..

In rare circumstances a Seller 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 Sellers for spots that run as awarded in the auction and will not accept make goods.

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 Sellers. 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. Advertisers shall be responsible for transmission of all creative materials necessary for advertisements to Sellers and Bid4Spots shall have no responsibility therefor.

Indemnification:
You agree to indemnify and hold harmless Bid4Spots, Inc. and the officers, directors, employees, partners, principals, agents and representatives of 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.

Participation in Auctions:
Any local cable television system that has registered with Bid4Spots for participation in the Local Cable Television Marketplace hereby agrees to permit Bid4Spots and its agents and representatives to disclose such participant’s identity as an eligible participant in the marketplace. Cable television systems are not permitted to bid in auctions for which they do not have an appropriate insertable network. When a system makes changes with respect to its insertable networks, and such change is not reported in writing to Bid4Spots prior to an auction, the system must refrain from bidding in any auction with respect to any of its networks that will not allow for local advertisement insertion. When a cable television system makes changes with respect to its insertable networks, it must notify Bid4Spots within two (2) business days.

Each time a cable television system submits a rate card or changes thereto, such system thereby certifies that the information contained in its rate card is true and accurate. A cable television system that changes its rate card and has not reported such change in writing to Bid4Spots prior to an auction shall not bid at a rate inconsistent with the rate card then on file with Bid4Spots. A Seller that is the winning bidder in an auction shall not be paid at a rate higher than that reflected by the Seller’s rate card then on file with Bid4Spots. When a Seller changes its rate card, it must notify Bid4Spots within two (2) business days.

Failure to promptly update a system’s rate card or update its profile with respect to insertable networks can result in suspension or termination of that system’s user privileges. Bid4Spots, Inc. shall not be liable to advertisers for spots that air with a system that has changed its rate card or its insertable networks.

Each cable television system that is the winning bidder in an auction must ensure that the advertising spot is run as awarded. In furtherance of the foregoing, it is the responsibility of the cable television system to confirm the availability of the advertising spot inventory offered by it. In the event that a spot is not run as awarded, the system will not be paid for such advertising spot. Failure to run spots as awarded may result in suspension or termination of the cable television system’s user privileges. Bid4Spots, Inc. shall not be liable for spots that are not run as awarded.

Any amount payable to a cable television system participating in the Bid4Spots marketplace will be paid only via ACH transfer to a financial institution and account designated by the system. Payment will not be made in any other form. Each participating system shall provide Bid4Spots with all information required to enable Bid4Spots to make such payments and authorizes Bid4Spots to initiate credit entries and to initiate, if necessary, debit entries and adjustments for any credit entries made in error to such system’s designated financial institution and account. Such authorization will remain in full force and effect until Bid4Spots receives written notification of the system’s termination thereof.

ADDITIONAL PROVISIONS REGARDING RADIO STATIONS

Participation in Auctions:
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 in writing to Bid4Spots prior to an auction, it is the responsibility of the station to refrain from bidding in an auction that does not include that station’s new programming format. If, subsequent to a programming format change, a radio station is the winning bidder in an auction that does not include its new programming format, the station shall not be paid for running the advertising spots on which it bid. When a station changes its programming format, it must notify Bid4Spots within two (2) business days. Failure to promptly update a radio station profile can result in suspension or termination of that Seller’s user privileges. Bid4Spots, Inc. shall not be liable to advertisers for spots that air with a station that has changed its market and/or programming format.

Creative Materials:
If an advertiser uses an on air personality in one of its 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 Seller 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.

PRIVACY STATEMENT:
(Last updated February 2009) Our Privacy Policy may be changed or modified. You are encouraged to regularly check for changes to this policy.

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 web site(s) and (b) third party web sites (affiliated with us), and 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 or registration form, online or offline, Bid4Spots.com will collect user information provided on such forms. Some information is necessary to complete the survey or registration, while other information is requested and volunteered by the user to enhance usage of features, or increase eligibility to receive special offers. The information provided by users typically includes a user’s name, address, email, telephone number, 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.

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, and other information that users have lawfully provided to a third party, or a third party has otherwise lawfully acquired. When acquiring information from 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 web sites other than our own, our name will appear and users will be notified that by signing 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 request assistance through our customer service department, or (2) 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”, 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 web sites, 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 it obtains 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 and 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 web sites, in 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.