Terms and Conditions

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.

Without limiting other remedies, we may limit, suspend, or terminate any auction, user accounts, prohibit access to our sites and services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off our site if we think that they are creating problems or possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay sites, services, or tools.

If you begin but fail to complete the sign up process for Bid4Spots services, Bid4Spots may contact you via email or other means in an effort to help you sign up for Bid4Spots service. You hereby authorize Bid4Spots to make such contact, even if you ultimately determine not to sign up for any Bid4Spots services.

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.

Sellers will not hold Bid4Spots, Inc. responsible for Advertiser’s content, actions, or inactions. Advertiser and Seller each acknowledge that we are not a traditional auctioneer. Instead, our site allows advertisers to buy advertising from the Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the truth or accuracy or nature of buyer’s content.

Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services, and tools.

Seller and Advertiser are solely responsible for any transaction. 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 therefore.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in connection with the transaction (for clarity, our transaction fee) or (b) $100.

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.

Bid4Spots is dedicated to establishing trusting relationships with its Advertisers and Sellers, based on respect for personal identity and information. To demonstrate our commitment to your privacy, we have developed a Privacy Policy, a current copy of which is available at http://www.bid4spots.com/Privacy_Policy.aspx We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use your personally identifiable information in a manner materially different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in a materially different manner. However, if you have opted out of all communication with Bid4Spots, or deleted/deactivated your account, then you will not be contacted for the purpose of notifying material changes to the Privacy Policy.

WE RESERVE THE RIGHT TO UPDATE THE PRIVACY POLICY AND THESE TERMS OF USE WITHOUT NOTICE. USERS SHOULD REVIEW THE PRIVACY POLICY AND TERMS OF USE FREQUENTLY.