LOCALMART TERMS OF USE

In order to become a Localmart user, you must read and accept all of the terms and conditions of these Terms of Use and Privacy Policy (together "User Agreement"). Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this User Agreement, you may not access or otherwise use the services offered hereunder.

We reserve the right to modify the User Agreement at any time and will post updated provisions on our website Your continued use of the services hereunder is your deemed acceptance of any updated provisions.

You are entering this User Agreement with Localmart Inc., 1906 El Camino Real, suite 201, Menlo Park, CA, 94027

The following definitions apply:

"You/Your" means you, as a Customer of ours, who creates an Account.

"Ad" means any ad promoting Your products and or services e.g. banners.

"Action Page" means the first page which is visible after an Ad is clicked.

"Our Network" means a network of publishers, ad networks and ad exchanges that we use to display Your Ads.

"Our Technology" means technology that allows You to generate Ads, Action Pages, and to target users, and display Ads to them.

"Your Content" means any images, graphics, text, data, links, or other objects supplied by You to Us for inclusion in Your Ads.

"Our Platform" means our website, mobile applications and any and all proprietary or licensed tools, features, functionalities and capabilities that You have access to including technologies relating to creating, launching, monitoring, pausing and stopping Your campaigns.

"Metrics" means impressions, clicks or any such similar measurable metrics as determined from time to time.

"Prohibited Sites" means any website or mobile application that is considered by us to contain content that is pornographic, defamatory, obscene or promotes illegal activities.

Creating an Account

To create an Account you must be over 18 years old and you will require to provide your email address, create a password, and complete payment information to create an account and commence a campaign.

Restrictions

You understand and agree that you may not use the our service, Technology, Platform or Your Ads to post ads or link to websites or other third party sites or services or mobile applications that are considered to be Restricted Content:

  • Contain nudity or suggestive content or images;
  • Promote adult products, including sex toys and sexual enhancers;
  • Promote online gambling
  • Promote adult-themed dating, escort services, "mail-order brides," or similar services;
  • Install spyware, trojans, viruses or other malware;
  • Incite hatred of any race, religion, creed, class or ethnic group, or of any individual or group;
  • Describe, depict, or glorify pain, suffering, torture, violence or death of or against humans or animals;
  • Offer to sell or provide design materials for firearms, ammunition, bombs and other weapons;
  • Content or materials promoting or containing links related to gambling, online casinos, tobacco or alcohol;
  • Sell or promote illegal drugs, drug paraphernalia, or ways to pass a drug test;
  • Promote P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement;
  • Contain profanity;
  • Promote hacking, cracking, or warez
  • Promote any other products, services, or content that are illegal, promote harmful activity, or infringe on the rights of others. This includes sites that pro vide "how-to" information on bomb-making, lock-picking, and similar topics;
  • Are misleading or contain content that is not reflective of what the user will find on the click-through URL;
  • Employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser; or Mimic system errors or messages;
  • Ad Display

    You acknowledge and accept that we will display Your Ads on websites and mobile applications using Our Technology, and that we have absolute discretion as to the deployment, location and frequency of displayed Ads within Our Network.

    We will use reasonable efforts to ensure that Your Ads are not displayed on Prohibited Sites, and in the event that we are notified by You in writing that Your Ads are being displayed on Prohibited Sites, we will take all reasonable steps in a prompt manner to remove Your Ads from such Prohibited Sites.

    You are responsible for defining the location where the Your Ads are displayed, and the dates of such display.

    Our rights to make changes and pause Ads

    We reserve the right to make changes to the Our Technology, Our Platform, Our Network, and to cease display of Your Ads for any reason at any time without notice or penalty.

    Ad performance monitoring

    We monitor and measure Metrics through Our Platform and you will have access to those Metrics through Our Platform. You undertake to ensure that your will keep any Platform access IDs and passwords secure and not share these access details with any other person or entity. You must notify us immediately if you are made aware of any unauthorised access, loss of access details, or theft of details. You will remain liable for all activity conducted using your access details.

    Our Platform allows you to control your Account and adjust any campaigns. You are solely responsible any adjustments you make to your Account and campaigns through Our Platform and you will be liable for any and all charges and costs that result from such changes being made by you.

    Invoicing and Payment

    You are responsible for setting your monthly budget "Monthly Budget". If you have set up an Account using a payment card, you expressly authorise us to charge your card daily based on the set Daily Spends within your Monthly Budget.

    If you elect to pause a campaign or close your Account with us, you may request a refund in writing by contacting support@localmart.com which will be processed within ninety (90) days of the date of your request. We will thereafter credit or refund you any amounts remaining in Your Account provided that you have followed the correct request for a refund hereunder, and have not breached any other term of this User Agreement. We are entitled to set off and hold back any sums properly due to us under this User Agreement or due to us as a result of a breach of this Agreement by you.

    here are no costs for the creation of an Account, the only cost to You will be incurred when you set a Monthly Budget, incur daily actual spend and commence business with us.

    Intellectual Property

    All intellectual property rights in any Ad belong to the relevant creator whether that is You or Us and You warrant that any of Your Ads or Your Content do not infringe the intellectual property rights of any third party.

    You grant to us a non-exclusive, world wide license to display and distribute any of your trade names, business names, logos and trademarks (registered or unregistered) for the purposes of delivering the services to you.

    Localmart.com, the business name, trade name, domain names, logos and look and feel of our websites and apps are our property, and you agree not to infringe upon our intellectual property rights by copying, displaying or otherwise using any of our registered or unregistered intellectual property for any purpose, without our prior written consent.

    Warranties

    We make no warranty or condition, express or implied, with respect to any matter and, in particular, but without limitation, expressly disclaims any warranties or conditions of non-infringement or the quality or fitness for any particular purpose of Our Technology, Our Network or Our Platform, or any service provided under this User Agreement.

    You warrant and represent to us that you as a Customer: (i) are at least 18 years of age; (ii) have the right, power and authority to enter into this agreement and perform your obligations as set out herein; (iii) you have the right to provide Your Ad and Your Content to us for publication, without infringing any rights of any third party including, without limitation, intellectual property rights; (iv) Your Content complies with these Terms of Use and the Interactive Advertising Bureau Guidelines Standards & Best Practices and all other applicable law, guidelines and industry codes of practice and any other regulations or statutes which may apply; (v) Your Content complies at all times with all applicable laws, statutes, statutory instruments, contracts, or regulations, advertising and marketing codes of practice in any of the jurisdictions where Your Content is displayed; (vi) Your Ad(s) and Your Content do not give access via hyperlinks to any website containing material that Restricted Content hereunder or contrary to any applicable law or regulation; and you shall defend, indemnify, and hold us, our affiliates, group companies and representatives, harmless from and against any suit, proceeding, assertions, damage (direct or indirect), cost, liability, and expenses (including court costs and legal fees), incurred as a result of any breach of this clause or of any claim which if true would be a breach of clause.

    Limitation of Liability

    We shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this User Agreement. We shall have no liability, for any failure or delay resulting from any event beyond our direct and reasonable control including without limitation fire, flood, insurrection, war, terrorism, earthquake, power failure, riot, explosion, embargo. To the maximum extent permitted by the law, our liability under these Terms, for whatever cause, whether in contract or in tort, or otherwise, will be limited to general money damages and shall not exceed the amount corresponding to the last month invoiced to the you.

    Term and Termination

    This User Agreement shall apply as from the date of the creation of an Account and shall expire upon the cancellation of the same Account either at the your request or by ours. You may pause or cease any campaign at any time, however you must provide us with thirty (30) days written notice if you wish to terminate your Account. We reserve the right to terminate suspend or terminate any campaign, any Account and your access thereto with immediate effect at any time and for any reason. Expiration or termination (for any reason) of this User Agreement shall not affect any accrued rights or liabilities, which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.

    Confidentiality

    Each party undertakes that it will not at any time hereafter divulge or communicate to any person, except its professional representatives or advisers or as may be required by law or any legal or regulatory authority, the terms and conditions of his contract or any confidential information concerning the business.

    No Assignment

    You shall not (without our prior written consent) assign at law or in equity, sub-license or deal in any other manner with this contract or any rights under this contract, or sub-contract any or all of its obligations under this contract or purport to do any of the same.

    Governing Law

    This User Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

    General provisions

    This User Agreement may be amended only by a written agreement executed by an authorized representative of each party. The parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication.

    This Agreement constitutes the complete and entire agreement between the parties and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.

    If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of this agreement which shall remain in full force an effect.

    In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

    Questions and Support:

    If you have any questions or require to provide us with any written notice hereunder please contact us at:

    Localmart Inc., 1906 El Camino Real, suite 201, Menlo Park, CA, 94027