Welcome, and thanks for using Valsto's advertising platform and related products and services (the "Ad Services"). By purchasing, signing up for or otherwise accessing or using our Ad Services, you agree to be legally bound by the terms below, so please take a moment to read them.
The Ad Services allow your ads to be served on properties of Valsto ("Properties"), e.g., Valsto websites and mobile applications. The Ad Services allow ads to be targeted and served to Valsto users with a member account ("Valsto Members").
In addition to the Valsto User Agreement, Privacy Policy and Acceptable Use Policy, this Ads Agreement and our Advertising Guidelines apply to the access and use of the Ad Services. If you are accessing or using the Ad Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to this Ads Agreement, and your agreement to this Ads Agreement will be treated as their respective agreement. In this event, Valsto may hold you responsible for violations of this Ads Agreement by that business or third party, and "you," "your" and "party" will also refer and apply to that business or third party.
The Ad Services are designed to enhance the efficiency and effectiveness of your campaigns. When you create a campaign using your Valsto merchant account you increase the spending power of Valsto Members.
You are responsible for:
All ads and content therefor submitted by or on your behalf through the Ad Services, including the creatives, trademarks, images, URLs and pixels that comprise the ads or content therefor (collectively, your "Ads")
All ad trafficking or targeting decisions made by or on your behalf.
All content, property and landing pages to which Ads direct viewers ("Destinations").
All services and products advertised on Destinations ("Advertised Goods").
All your Ads will be displayed in full screen mode for at least 30 seconds, and then viewers will click the Ads to be redirected to your Destinations. In order to display your Ads, Valsto will first identify potential buyers among Valsto Members (collectively, your "Audience"). After this, Valsto will send Audience members an offer of payment for their time and attention (collectively, "vGift Payments"). Then, if Audience members claim the vGift Payments, Valsto will serve your Ads on the Properties. After watching your Ads, Audience members will be redirected to your Destinations. Your Ads will not be displayed if Audience members reject the vGift Payments.
Your Ads, Destinations, Advertised Goods and use of the Ad Services must comply with our Advertising Guidelines and all applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, "Applicable Law"). You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Ad Services on behalf of a business, and that business decides that you are no longer authorized to place ads on its behalf (e.g., if you leave that business or change roles within that business), you agree you may be removed from accounts associated with that business.
Without limiting the prohibitions in the Advertising Guidelines, you will not enable or authorize any third party to:
Engage in illegal or fraudulent conduct (for example, to discriminate against protected classes), including by virtue of the Ads, Destinations, Advertised Goods or use of the Ad Services.
Use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Properties.
Copy, modify or create derivative works of the Ad Services or any related technology.
Provide Ads that assert or imply personal characteristics.
Provide Ads that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Ad Services or any device or system or breach or circumvent any security measure of Valsto.
Valsto may reject, remove or not deliver any Ad at any time for any reason, including to comply with Applicable Law. Valsto may, in its sole discretion, modify, or terminate any part or all of the Ad Services or suspend your ability to use the Ad Services. Valsto retain the complete and unqualified right to serve advertisements for its own products and services.
You agree to pay up to the campaign budget amount entered when a campaign has been started through your merchant account ("Campaign Cost"). Valsto will make a debit to your advertising campaign account "vAds campaign account" at the applicable Campaign Cost. All amounts paid are non-refundable. The Campaign Cost will be calculated adding the amount paid to your Audience plus the service fee. The amount paid to your Audience is based on the total number of vGift Payments accepted multiplied by the amount of each vGift Payment. Audience members will see the vGift payment transaction marked as processed after being redirected to your Destinations. All campaigns run for a few days as long as you don't suspend or cancel them, or until their budget is exhausted (whichever comes first). Any Ad Services Promotional Credits "Promo Credits" that you may receive are non-refundable, non-transferable and cannot be exchanged for cash. You will have no liability for income taxes that are statutorily imposed on Valsto including taxes or fees measured by Valsto's net or gross income.
The minimum Ads Services fee for each vGift Payment claimed is $0.10 USD when you use your company’s funds and no fee when you use Promo Credit funds. The minimum vGift Payment amount is $0.25 USD.
You grant to Valsto a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Ads in connection with the performance of the Ad Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Ads (including to grant the license above).
If you choose to provide suggestions and feedback to Valsto, you agree that Valsto can use and share such feedback for any purpose without compensation to you. You may not disclose any information about Valsto's pricing, metrics, member demographics or beta features. If you provide testimonials about our Ad Services or submit Ads to Valsto, we may post those testimonials and Ads in connection with our promotion of the Ad Services. Valsto reserves all of its intellectual property rights in the Ad Services as further described in this Ads Agreement.
Each party will comply with Applicable Law relating to its performance of the Ad Services, including privacy and security laws. As provided in Valsto’s Privacy Policy, we may use device identifiers obtained on and off our Valsto services for our Ad Services, including to determine which devices our members may use and to serve Ads to them on their different devices. Each party will prominently post a complete and accurate privacy policy on its websites and mobile applications, including with respect to cross-device tracking and ad targeting. Valsto's participation in advertising self-regulatory bodies is described here. Valsto may include a link to an enhanced notice and choice mechanism in or around your Ads (e.g., through an Advertising Option Icon).
Without limiting the prohibitions in the Advertising Guidelines, you will not enable or authorize any third party to associate any data obtained in connection with the Ad Services ("Ad Services Data") with data that is personally identifiable (as defined by Applicable Law) ("Personal Data") or otherwise re-identify such data, or target Ads based on sensitive data (as defined by Applicable Law) ("Sensitive Data"). Ad Services Data includes Form Data and data collected through pixels included with your Ads.
You agree to use reasonable measures to protect the confidentiality of Ad Services Data and to use appropriate security safeguards to protect Ad Services Data in accordance with industry standards. You may share Ad Services Data only with someone acting on your behalf, such as your service provider, provided that you are responsible for ensuring their respective compliance with this Ads Agreement and for limiting their respective use of the Ad Services Data on your behalf. Without limiting the foregoing, you shall not:
Sell the Ad Services Data.
Combine the Ad Services Data with any data obtained by or on behalf of another advertiser.
Transfer any Ad Services Data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service, except for use solely on your own behalf in compliance with this Ads Agreement.
To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the User Agreement, Valsto disclaims all warranties regarding the accuracy of the information on which targeting categories are based, the results of your campaigns and other uses of the Ad Services.
Notwithstanding any review or approval of any Ad by Valsto, you agree to indemnify Valsto and hold Valsto harmless from any damages, losses and costs (including, reasonable attorneys' fees) related to third party claims or proceedings, arising out of or related to your Ads, Destinations, Advertised Goods, use of the Ad Services and breach of this Ads Agreement.
To the fullest extent permitted by law, neither party, including its respective affiliated companies, will be liable to the other in connection with this Ads Agreement for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliated companies, will be liable to the other in connection with this Ads Agreement for an amount that exceeds the greater of USD $100.00.
This Ads Agreement does not create a partnership, agency relationship, employer relationship or joint venture between the parties. Valsto may change the terms of this Ads Agreement by notice to you (for example, by a notice displayed in the Ad Services, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Ad Services.
