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Terms of Service For Advertisers



The following describes the terms in which this website (adhub.ca), herein referred to as “adHub”, “us”, “we” “our”, and this “website” provides you access to our services. "Advertiser" or "you", refers to any individual, company or authorized representative who seeks to buy advertising from any participating Publication via the adHub website. "Publication" refers to any authorized Publication representative or publishing company who seeks to sell advertising to any participating Advertiser on the adHub websites.

We reserve the right to supplement, revise, or update these terms at any time without notice to you. Be advised that you should read carefully these terms, the Privacy Policy and as well as our Refund Policy on a regular basis as you continue to use our website because they may change at any time. Continued use of this website will indicate your acceptance of our terms, policies, updates, revisions and conditions so please check back and refer to this page often.

Advertiser agrees to review this Agreement prior to purchasing ads and agrees to the terms and conditions outlined in this online Agreement with respect to the goods, services and information provided by or through the website. This Agreement constitutes the entire and only contract between adHub and the Advertiser, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the website, and the subject matter of this Agreement.


Eligibility for Advertisers

The website is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. Anyone using adHub’s services must have the authority to bind the Advertiser to a contract for advertising with a Publication. If you do not meet all of these eligibility requirements, please do not use the website. We reserve the right to disapprove, curtail or terminate your use of the website at any time, for any reason and in our sole discretion without notice to you. YOUR USE OF THE WEBSITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY.


Advertiser User Services

adHub's website services include providing Advertiser's with the ability to: (1) create Advertiser offers which refers to the proposing of a sum of money in exchange for advertising space in a Publication; (2) the ability to purchase advertising space through a Publication-created listing.

Advertiser Make An Offer

Placing an Offer constitutes your acceptance to entering into a binding legal Agreement with the Publication to purchase the advertising space that a Publication has posted in accordance with the terms stated in the item listing and the rules of this website. Offers are an irrevocable proposal to buy the item at the price of the offer, provided it is accepted at the close of the 48-hour period. After your offer details are posted to the website and thus sent to the Publication, you will not be able to amend your description of the parameters until the offer has either been accepted, rejected or expires. Publications have a 48-hour time limit to accept (or reject) an Advertiser's offer. If Publications opt to not take action on an offer, it will be deemed expired after the 48-hour period elapses. Failure by an Advertiser to honour the terms set forth in the creation of an offer can result in the disapproval, curtailing or terminating of your use of the website at any time. If your offer is accepted by the Publication, your purchase may not be retracted without permission.

Publication-Listed Purchase

Advertisers can purchase advertising space in accordance with the terms stated in the item listing and the rules of this website. Do not purchase until you are sure that you understand what you are buying. Purchasing an ad constitutes your acceptance to entering into a binding legal agreement with the Publication. Once a purchase is made it may not be cancelled or retracted without permission. The Publication is not obligated to grant permission to retract or cancel a purchase, and it is not the duty of this adHub to request permission from the Publication for a purchase retraction or cancellation. Any Purchase cancellation must be worked out between the Advertiser and Publication without assistance from the adHub. By purchasing an item, you authorize us to release your contact information, including name, business name, and address, email, and telephone number, to the Publication who listed the ad.

Transaction Completion

The Advertiser's identity is not revealed to the Publication until they pay adHub for the ad that has been offered by the Publication. After you make payment, adHub generates an email that sent to the Publication revealing your identity and contact information. The Publication may exercise its Right of Refusal set forth in Publication Right of Refusal below. As soon as your identity is revealed, you and the Publication are responsible for contacting each other to arrange delivery of the ad. It is not our responsibility to arrange ad delivery. Failure by you to honour all terms of the contract for advertising may result in temporary or indefinite suspension from adHub.


Other User Responsibilities and Duties

You shall not circumvent, avoid, obviate, or bypass us, directly or indirectly, with regard to any transaction to avoid payment of fees and/or commissions in any transactions with the Publication and/or any corporation, entity, partnership, sole proprietorship, limited liability company/corporation, or individual in connection with any ad or transaction relating to the adHub website.

adHub requests that you alert us to any actions that interfere with the integrity of our service. If you suspect illegal activities, price or offer manipulation, fraud or multiple identities, it is important to provide us with this information immediately.


Publication Right of Refusal

Advertisers understand and agree that a Publication may refuse any ad at any time prior to its Publication. This Publication Right of Refusal exists as to all types of transactions on our website. If the Publication exercises its Right of Refusal, you must contact the Publication to request a refund. Publications have unique refund policies and you may not be issued a full refund. Although a Publication may refuse an ad, adHub recommends Publications exercise this right prudently. For more information on refunds, please see adHub's Refund Policy.


adHub Responsibilities

We only provide the forum and facilitate the link between Advertisers and Publications. Our website provides information on participating Publications and collects payments from participating Advertisers for transfer to the selected Publication.

adHub is not a party to the final contract that arises between Publishers and Advertisers and cannot and does not guarantee the truthfulness or accuracy of any user. Our exclusive role in any transaction or agreement arising from an Advertiser-created offer or a Publication-listed sale is to receive money from the Advertiser and to forward those funds to you in consideration for the advertisement that is the subject of the transaction.


Fees for Services

Enrollment Costs. Joining adHub and using our website is free to you. We will charge you only when an advertisement is sold through use of our website.

Commission/Fees. When purchasing an ad through adHub, we charge you immediately. You do not pay a Publication directly. adHub deducts a 10 percent (10%) commission from the total cost of the ad. adHub is paid by the Publication and you are not charged extra for these fees.

Reimbursement. adHub will reimburse you for your ad in certain circumstances. Please review our Refund Policy to learn more about reimbursement.

Sales Tax. All prices quoted exclude taxes. All applicable taxes will be added on during the payment process.

We are required to collect Government Sales Tax (GST) and/or Harmonized Sales Tax (HST) on advertising purchases based on the tax information provided by our users under Canadian law. We are not required to collect tax with respect to advertising when a Publication does not provide their tax information, however a Publication may still have an obligation to pay all applicable taxes with respect to the sale or purchase of advertising (whether through us or otherwise). Although a Publication may be subject to a different provincial tax rate than you, we are required to charge your provincial tax rate with respect to the sale or purchase of advertising. In these cases, adHub will collect the appropriate taxes and remit to Publications for disbursement.

A full tax invoice will be issued to the Advertiser once payment has been made.


Disclaimer

Our site acts as the venue for which registered Publications list print advertising and for which registered Advertisers make offers or purchase directly such ads. The Site provides information on participating Publications and collects payments from participating Advertisers for transfer to the selected Publication. We are not involved in the actual transaction between Publications and Advertisers beyond the booking of advertising space and transferring of monies. Therefore adHub cannot be held liable for the actions of the Users on the Site.

We do not control the information provided by other users that is made available through the site nor do we guarantee the quality, safety or legality of items advertised or the truth or accuracy of listings and the ability of Advertisers or Publications to buy or sell items. We cannot ensure that an Advertiser or Publication will actually complete a transaction. You may find other user’s information to be offensive, hurtful, derogatory, dishonest or inaccurate. You should make whatever investigation you believe is necessary and appropriate before proceeding with any online or offline transaction with any third party. To the extent we list or link to any third party products or services on our site, our site is only the venue, and we are not involved in the actual transaction, and have no control over, and make no representations regarding, the quality, safety, legality, or accuracy of any of the services or products. By using this website, you agree to accept such risks and adHub is not responsible for the acts or omissions of users on the website.

We reserve the right, but not the obligation, to modify or cancel reservations where it appears that a customer has engaged in fraudulent, illegal, or other inappropriate activity, and to prohibit or restrict your participation or utilization of the site if you fail to comply with all Terms and Conditions contained herein as determined in our sole discretion.

Safe Transactions. In addition, because user authentication on the Internet is difficult, adHub cannot and does not confirm that each user is who they claim to be.

Release. If you have a dispute with one or more users, you release adHub (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Dispute Resolution. adHub does not act as a mediator between Publications and Advertisers over disagreements about advertisements. If any aspect of the relationship with the Publication aggrieves you, it is your responsibility to contact the Publication in an attempt to resolve the dispute.


User Information

”Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

With respect to Your Information (or any items listed therein):
(1) shall not be false, inaccurate or misleading;
(2) shall not be fraudulent;
(3) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(4) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising);
(5) shall not be defamatory, unlawfully threatening or unlawfully harassing;
(6) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(7) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Providers) or other suppliers.

In order to enable adHub to use the personal information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to personal information. adHub will only use personal information in accordance with our Privacy Policy.


Breach, Suspension or Termination

Without limiting other remedies, adHub may limit your activity, immediately remove your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(a) your breach of this Agreement or the documents it incorporates by reference;
(b) our inability to verify or authenticate any information you provide to us;
(c) your provision of fraudulent information to us or our users;
(d) if you have interfered with the integrity of the functioning of our site, including but not limited to price manipulation;
or (e) our belief that your actions may cause legal liability for you, our users or us in its sole discretion, deems such remedy necessary for any reason.

If we choose to ignore any violation of this Agreement or other activities which could give rise to suspension or termination, such action or inaction on our part will not constitute a waiver of any of our rights including suspension, termination or otherwise.


Trademarks

The trademarks, service marks and logos used and displayed on the website are registered trademarks and service marks of adHub. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on the website, without the express written permission of adHub. adHub disclaims any proprietary interest in trademarks, service marks, logos, domain names, and trade names other than its own.


No Warranty

ADHUB AND ITS SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Liability Limit

IN NO EVENT SHALL ADHUB OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).


Indemnity

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of content, your breach of this Terms of Service or any other violation of the rights of another person or party.


Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your offers on, listing, purchase, solicitation of offers to purchase, and sale of items.


No Agency.

You and adHub are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Notices

Except as explicitly stated otherwise, any notices to us shall be given by postal mail to adHub Inc, 801 Eglinton Avenue West, Suite 201 Toronto, Ontario, Canada M5N 1E3 or to the email address you provide to adHub during the registration process (in your case). Notice shall be deemed given 1 business day after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, Notices via Canada Post shall be deemed given 3 days after the date of mailing.


Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this website or this Agreement. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.
Use of the adHub website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the adHub web sites or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless specifically provided herein, this Agreement constitutes the entire Agreement between you and adHub with respect to your use of this website. This Agreement shall supersede all prior Agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this website except as specifically set forth herein.


Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.


Contacting us

If you have any questions about this Refund Policy, the practices of this site, or your dealings with this site, please contact us at info@adHub.ca

Or via:
adHub Inc.
www.adhub.ca
info@adhub.ca
801 Eglinton Avenue West
Suite 201
Toronto, Ontario
M5N 1E3
866-234-8287

This document was last updated on July 11, 2011