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WEBSITE TERMS OF SERVICE

Welcome to emptyspaceads.com!

Your use of the emptyspaceads.com website (the “Site”) and services offered by the Site constitutes your acceptance of these Website Terms of Service (“Terms”). The Site is owned and operated by emptyspaceads.com, a Delaware corporation (the “Company”). The Site enables its users to publish various forms of advertising on their own websites, both created by the Site user (“you” “your” or “Publisher”) and served from third party networks (“ad networks”) (collectively, the “Service”). These Terms govern your relationship with the Company in all matters including, without limitation, when you publish ad networks’ advertisements or your own Publisher-created advertisements.

Becoming a Publisher
You must sign up on the Site to become a Publisher. Once you have signed up as a Publisher, you must create a user ID based on your personal information. Here’s how it works: you create an account by providing your full name, zip code, country of residence, and email address. Then you choose a password. The system saves the user-created account, including your password, and your email address, which are used for logging into the Site and accessing the Service. Please email us at support@emptyspaceads.com if you believe that your login information has been compromised. Company reserves the right to terminate your use of the Service at any time and for any reason, in Company’s sole discretion

Creating Your Own Ads
The Site provides users with a “self-serve” ad creation service, under which you can use online tools provided by the Company to create your own text, image, and custom HTML advertisements (“Content”) and the Company will distribute such Content from its servers to your website. Creation and distribution of Content and the resulting advertisements (“User-Created Ads”) is currently free of charge; however, the Company reserves the right to change this policy at any time.

You are solely responsible for developing, creating, editing, reviewing, and otherwise controlling the Content. You agree and acknowledge that the Company is serving as a passive conduit for the distribution of the Content, and that the Company is not responsible for reviewing the content of the User-Created Ads or the Content to determine whether such Content may result in liability to you or to third parties. The Company is not liable for errors in position and/or placement of the User-Created Ad, errors in creating URLs and/or inactive URLs, or typographical errors of any kind (“Content Errors”); you are responsible for proofreading the User-Created Ads prior to publishing them on your website.

Publishing Third Party (Ad Network) Ads

See the tutorial at http://blog.emptyspaceads.com/category/howto/ for a demonstration of how to set up Ad Network Ads on your own website. The Company is not responsible for any Ad Network Content contained in Ad Network Ads. The Company has no control over such Ad Networks or Ad Network Content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for the quality, content, nature or reliability of such Ad Networks Content. You should review the applicable terms and policies, including privacy and data gathering practices of all third party Ad Networks before using the Service.

Payment
The Company shares revenue from Ad Networks with Publishers 50/50 in terms of the percentage of time an ad is requested with the Publisher's Ad Network ID versus the Company's Ad Network ID. The actual dollar split may differ from 50/50 based on whether users click an ad or complete a purchase more often when the Publisher's Ad Network ID is used to request an ad, or vice-versa. The rate you will receive for publishing an Ad Network Ad is based on the policies of the applicable Ad Network. Each Ad Network will pay you directly your share of the revenue generated from your placing their Ad Network Ads on your website and the Ad Network will pay the Company its share. Each Ad Network has different terms and methods of payment - check the website of the applicable Ad Network for more information. [Most Ad Networks pay Publishers within 90 days after display of the applicable Ad Network Ad.] All amounts due to you will be paid in US dollars. Every Publisher account must have a unique, valid taxpayer identification number (TIN) or valid Social Security number to be eligible for payment.

In the event that Company fails to receive any payments due from the respective Ad Networks, Company shall have no payment obligation to Publisher. Instead, Publisher shall have the right to pursue any and all legal remedies directly against any Ad Network that has not paid sums due and owing to Publisher for sums earned in connection with a particular advertisement. Publisher agrees that Company shall have no obligations and incur no liabilities to Publisher in connection with any such payment-related dispute. An Ad Network’s figures and calculations regarding any compensation due to you shall be final and binding.

Representations and Warranties

You represent and warrant that you have a reasonable basis for all claims made by or within User-Created Ads, possess appropriate documentation to substantiate such claims and shall fulfill all commitments made in such User-Created Ads.

You represent and warrant that you will not: (i) use this Site in any way that infringes or contributes to the infringement of any intellectual property rights or privacy rights of others or that is defamatory, harmful, abusive, threatening or false; (ii) use this Site in a manner that violates any applicable laws, rules or regulations, whether federal, state or local or those of any foreign jurisdiction, nor may you use this Site in a way for unlawful purposes or to promote any unlawful activities; (iii) interfere or attempt to interfere in any manner with the proper working of this Site; (iv) impersonate another person or solicit passwords or personally identifying information from other users; (v) sell or modify this Site’s content or reproduce, republish, display, publicly perform, distribute, or otherwise use this Site or its content in any way for any public or commercial purpose; (vi) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or its content; (vii) contain or promote viruses, obscene, abusive, violent, bigoted, or hate-oriented content or conduct in User-Created Ads or on your website. You acknowledge that the Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any advertising obtained through the Service.

Violation of these Terms may result in immediate termination of your use of this Site.

Your Responsibilities

You are solely responsible for the development, operation and maintenance of the Publisher Website and for any and all materials that appear therein. Such responsibilities include, without limitation: (i) the technical operation of the Publisher Website and all related equipment; (ii) creating and posting content, descriptions and references on or through the Publisher Website; and (iii) the accuracy and propriety of materials posted on or through the Publisher Website. You will not to engage in any illegal activity, whatsoever. You will display Content exactly as it is made available to you in connection with the Service and you will not alter in any way any Content that has been made available to you by and through the Site.

Indemnification.
You agree to indemnify, defend and hold Company, its parents, publishers and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your improper use of the Site; (b) any third party claim related to your Publisher Website and/or your marketing practices; (c) Any content, goods or services offered, sold or otherwise made available by you on or through the Publisher Website; (d) any claim that Company is obligated to pay any taxes in connection with payment made to you in connection with these Terms; (e) breach or violation of these Terms and/or any representation or warranty contained herein; and/or (f) your use of the Service.

Termination
You may terminate your agreement to the Terms at any time by ceasing use of the Site and the Service or by notifying the Company at support@emptyspaceads.com. The Company reserves the right to terminate your access to the Service at any time for any reason, including without limitation your failure to comply with the Terms or any rules or policies on the Site. Any amounts due to the Company by you will be immediately due and payable upon such termination. You will be paid in accordance with the “Payment” section above for any Ad Network Ads displayed on your site prior to termination.

No Responsibility

The Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site. We are not liable for any lost data resulting from the access, use and operation of this Site and/or the enforcement of these Terms. The entire risk arising out of the use or performance of this Site remains with you. You remain solely responsible for the User-Created Content you create, transmit through, or link from this Site and you agree to indemnify and hold us harmless with respect to any claim based upon transmission or the content of your Content or materials or any other claim arising out of your use of this Site. We reserve the right to reveal your identity in the event of a complaint or legal action arising from your Content, materials, or use of this Site.

Limitations on the Company's Liability

DISCLAIMERS OF WARRANTIES: THE COMPANY DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS. [Without limiting the generality of the foregoing, the Company specifically disclaims any warranty regarding (i) the number of clicks on any ads, the timing of delivery of such clicks, or the amount of any payment to be made to Publisher; or (ii) continuous or uninterrupted service and/or availability of the Service.]

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS MEMBERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICE OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.

Proprietary Rights

emptyspaceads™ and our logo pictured to the right are trademarks of the Company, protected under state, U.S., and foreign laws. Except where otherwise indicated, the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to the Company, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under state, U.S., and foreign laws. Unauthorized use of the materials available on this Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) of any other party is not intended to imply the Company’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of the Company, its products or services.

Third-Party Advertisers and Websites

This Site may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. We are not responsible for advertisers’ materials, and make no representation with respect to the goods and services advertised or the legality or accuracy of such advertising.

This Site may contain links to websites not operated or maintained by the Company. The Company is not responsible for the content of the websites of others and makes no representation regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk, and waive any and all claims against the Company regarding the inclusion of links to outside websites or your use of those websites.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law), and you agree not to contest the personal jurisdiction of these courts. Company shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding arising out of this Agreement in which the Company is the prevailing or substantially prevailing party.

Enforcement

Should any clause of these Terms be found unenforceable, this will not affect any other clause and each will remain in full force and effect. The Company’s failure to expressly enforce any provision of these Terms does not waive its rights to enforce that or any other provision.

Changes

Company reserves the right to make changes to the Site, the Service and the Website Terms of Service at any time. Your continued use of the Site and/or the Service after any such modification constitutes your consent to and acceptance of such modification. Therefore, you should regularly check the Site for updates and/or changes. Further, we reserve the right to change or discontinue any aspect or feature of this Site at any time.

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