Terms and Conditions

Payments for advertisements purchased using Bid4Spots service shall be made in advance of the running of the advertisement. The preferred method of payment is by ACH; however, except as otherwise set forth in these Terms and Conditions, Bid4Spots accepts payment of pre-paid funds for advertisements in cash, by bank wire, credit card, PayPal, check or money order. Upon receipt by Bid4Spots of confirmation of advertisements running as awarded by radio stations, local cable television systems, internet publishers or other media outlets (each station, system, publisher and outlet referred to hereinafter as a “Seller” and, collectively, as “Sellers”), all transactions will be considered completed and not subject to refund or credit.

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 (“Advertiser”) chooses to use a credit card to make such payment, the fee for the advertisements will be charged to the Advertiser’s credit card immediately upon the close of the auction. Upon receipt by Bid4Spots of confirmation of advertisements 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 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 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 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 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 or user accounts, prohibit access to our site, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off of 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 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.

Each time a Seller submits information on its advertising rates or changes thereto, such Seller thereby certifies that the information contained in such information is accurate. A Seller that changes its advertising rates and has not reported such change in writing to Bid4Spots prior to an auction shall not bid at a rate inconsistent with the advertising rates 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 advertising rates then on file with Bid4Spots. When a Seller changes its advertising rates, it must notify Bid4Spots within two (2) business days.

Failure to promptly update advertising rates or other material information may result in suspension or termination of that Seller’s user privileges. Bid4Spots shall not be liable to Advertisers for advertisements that air with a Seller that has changed its advertising rates.

In an effort to assist Advertisers with creative materials, Bid4Spots may provide references of various vendors of such services. However, Bid4Spots 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 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, accuracy or nature of 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 acts as an intermediary between Advertisers and Sellers. Bid4Spots 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 to make representations or warranties on behalf of Bid4Spots or to indicate that Bid4Spots 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.

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 and the officers, directors, employees, partners, principals, agents and representatives of Bid4Spots 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 these

Participation in Auctions:
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.

Bid4Spots shall not be liable to Advertisers for advertisements that air with a system that has changed its insertable networks.

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 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 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 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 promptly, in writing, of such change. Bid4Spots shall not be liable to Advertisers for advertisements that air on a radio station that has changed its market and/or programming format and has not provided Bid4Spots 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 advertisements on which it has 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 shall not be liable to Advertisers for advertisements that air with a station that has changed its market and/or programming format.

ADDITIONAL PROVISIONS REGARDING INTERNET PUBLISHERS

Participation in Auctions:
Bid4Spots will provide a list of advertising categories for use by internet publishers. Each internet publisher may select up to five (5) categories for each of its websites. Each internet publisher may designate one (1) designated market area (“DMA”) with respect to each of its websites. Bid4Spots reserves the right, in its sole discretion, (i) to increase or reduce the number of categories that an internet publisher may select, (ii) to evaluate the appropriateness and relevance of the categories and DMA that are selected by the internet publisher for a given website, and (iii) to change the categories and DMA accordingly.

Notwithstanding the foregoing, internet publishers shall use commercially reasonable efforts to select appropriate categories and DMAs. When an internet publisher makes changes with respect to its website(s) which could reasonably be anticipated to affect the appropriateness of selected categories or DMAs, and such change is not reported in writing to Bid4Spots prior to an auction, the internet publisher must refrain from bidding in any auction with respect to such modified website(s). If, subsequent to such a change, am internet publisher is the winning bidder in an auction that does not include its modifications and appropriate changes in category and/or DMA, the internet publisher shall not be paid for running the advertisements on which it has bid. When an internet publisher makes such changes with respect to its website(s), it must notify Bid4Spots within two (2) business days.

Before an internet publisher may participate in an auction, such internet publisher agrees (i) to permit Bid4Spots to add a pixel to each proposed participating website for the purpose of tracking unique visitors to such website(s) and verifying that applicable impressions were delivered, and (ii) to verify the functionality of such pixel for seven (7) days. Bid4Spots agrees not to track or retain any personally identifiable information. Internet publisher hereby consents to such addition of pixels by Bid4Spots and the collection and retention of such information by Bid4Spots. Internet publisher agrees not to remove such pixel(s) until seven (7) days after all advertisements purchased using Bid4Spots’ services have ceased to run on the applicable website(s). Data collected by Bid4Spots to verify the content and total number of impressions run in an advertising campaign will be final and binding on all parties.

Users of Bid4Spots services agree not to, nor procure others to, (i) engage in, any unlawful or unethical practices including, without limitation, generation of automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions, and (ii) use, include or link to any malicious, harmful or disruptive code or code that is unnecessary for the essential functionality of its advertisement or that is in any way harmful or destructive to a viewer’s computer or software, including, without limitation, spyware, malware, viruses, worms or the like; provided, however, that users of Bid4Spots services may utilize tracking technologies.

Internet publishers agree not to use the services offered by Bid4Spots in connection with any website that (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming:’ (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person’s content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos or movies; (vii) is pornographic or is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses or other harmful code; (ix) solicits passwords or personally identifying information for unlawful purposes from users; (x) contains viruses, Trojan horses, worms, time bombs, corrupted files or similar software; (xi) constitutes, promotes or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xii) otherwise violates the terms of these Terms and Conditions or creates liability for Bid4Spots.

Creative Materials:
If an Advertiser uses an on air personality in one of its advertisements, the personality name must be disclosed either in the advertisement 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 advertisement as awarded and the auction will be treated as though no winning bid was submitted for any advertisements 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 AND CONDITIONS WITHOUT NOTICE. USERS SHOULD REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS FREQUENTLY.