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These CircleGab Advertisement Terms & Conditions(the “Advertisement Terms”) govern your access to and use of the advertisement products, services and other tools that CircleGab may make available to you in connection with advertising on any CircleGab app or website(collectively, the “Platform”).
If you are accepting these Platform Terms on behalf of another legal entity, you represent and warrant that you have the full legal authority to bind such entity to these Advertisement Terms (we refer to you and the legal entity you represent as “you” or “your”).
These Advertisement Terms supplement and incorporate by reference our Terms and Conditions, Data Handling and Privacy Policy, Community Guidelines, and Advertisement Guidelines along with all other terms referenced therein. Collectively, these documents constitute the Advertisement Terms herein. By accessing or using our advertising services, you agree to comply with all provisions set forth in the Advertisement Terms. It is your responsibility to review and understand these terms in their entirety before engaging in any advertising activities with us. Capitalized terms not defined in these Platform Terms have the meanings set forth in the CircleGab Terms and Conditions.
By accessing or using our advertising services, you acknowledge that you have read and understood these Advertisement Terms and Conditions, including any terms incorporated by reference, and agree to be bound by them. These terms constitute a legally binding contract between you and CircleGab. If you do not agree to these terms, please do not use our advertising services.
1. The Platform
The CircleGab platform is intended for you or any advertiser you represent (‘Advertiser’) to promote products or services by purchasing advertising space provided by CircleGab (“Ads”). By accepting these Advertisement Terms and Conditions, you warrant that you have full legal authority to bind any other legal entity on whose behalf you are acting to these terms. You acknowledge and agree that you are solely responsible for your Ads and their materials, ensuring they comply with all applicable laws and regulations, as well as the Platform’s terms and any other written agreements provided by CircleGab.
By submitting an advertisement to our ad platform, you authorize CircleGab to place the ads and accompanying materials on any properties provided by CircleGab, including but not limited to websites, mobile apps, or other digital properties within our network. This authorization includes the right for CircleGab to display, reproduce, adapt, modify, and distribute the ads and materials as necessary to fulfill the advertising services provided under these Advertisement Terms and Conditions.
You are prohibited from using the Platform to distribute malware, spyware, or other malicious code, or in any way violate the CircleGab Policy.
We reserve the right to alter certain aspects of your ads, including but not limited to formatting, size, placement, and targeting parameters, as necessary to ensure consistency and compliance with our Ad platform standards. Additionally, we retain the right to remove an ad in its entirety at any time and for any reason, including if it violates our policies or applicable laws, without liability to you or any third party. Such actions will be taken at our sole discretion to maintain the integrity and quality of our Ad platform.
2. Account and Access
Advertisers are required to create and maintain a CircleGab user account and establish a business Circle to purchase Ads on our platform. Advertisers may authorize other users to create and purchase Ads on behalf of their business Circle by assigning them as Moderators of the Circle. As the owner of a business Circle, you are solely responsible for ensuring that all Moderators assigned to your Circle have the necessary rights and permissions to create and manage Ads within your Circle. CircleGab assumes no liability for actions taken by Moderators on behalf of the business Circle.
3. Payment
In order to use the Platform, you are required to submit your credit card information to CircleGab’s Third-Party payment processor. You are solely responsible for reviewing all applicable terms and conditions presented by the payment processor before submitting your payment information.
CircleGab has the authority to reserve a weekly amount based on the weekly budget you have set for your Ad. You will only be charged an amount based on the reach/impressions CircleGab has generated for the Ad. Any remaining amount from your Ad budget will be released back to your credit card. If the Ad runs for more than one week, CircleGab will reserve the set weekly budget after the previously reserved amount has been released. Should you decide to cancel the Ad for any reason, CircleGab will charge for the reach/impressions generated and release the remaining budget back to your credit card. If CircleGab or the third-party payment processor is unable to charge your credit card, CircleGab reserves the right to use any other third-party methods to secure the original payment. CirleGab reserves the right to retain your credit card information as long as necessary to meet all your payment obligations.
If you choose to create an Ad on our Platform, you are required to provide us with the necessary information for CircleGab to initiate and target the Ad. This includes details such as the target audience, the budget, the specific location or country where the Ad will run, and the duration of the Ad. Once the Ad has been approved, CircleGab will serve the Ad according to the criteria you have provided. Please note that CircleGab does not guarantee the Ad will reach any users or generate any specific results.
Under no circumstances may you use any third-party services or methods to generate invalid reach/impressions or to extract any data related to the Platform. If CircleGab suspects such activities, the Ad will be removed, and further actions may be taken against your account and/or accounts related to the Ad, including but not limited to suspension or termination.
CircleGab’s Ad Platform shall be the controlling measurement by which your Ads campaign is billed.
4. Editorial Adjacencies
CircleGab consists of communities called Circles, primarily composed of user-generated content. While we strive to place advertisements in relevant and appropriate contexts, we do not make any commitments in regard to editorial adjacency, content adjecency or competitive separation.
5. Cancellation
The Advertiser has the right to cancel their Ad at any time through the Promotion Overview section. Upon cancellation, the Ad will be promptly removed from the Platform, and the option to reinstate the Ad will not be available.
6. Make-Goods
At CircleGab, we do not offer make-goods for advertising campaigns. While we strive to provide high-quality advertising experiences, we do not compensate for any shortfall in agreed-upon advertising placements or impressions due to technical issues or other unforeseen circumstances. We aim to deliver consistent and reliable advertising services, and we encourage advertisers to monitor their campaigns closely to ensure they meet their objectives.
7. Disclaimers
ALL ASPECTS OF CIRCLEGAB’S ADVERTISING PLATFORM AND ITS PERFORMANCE ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIRCLEGAB, ITS AFFILIATES, AND ITS PARTNERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NONE OF CIRCLEGAB, ITS AFFILIATES, OR PARTNERS MAKE ANY GUARANTEE IN CONNECTION WITH THE ADVERTISING PLATFORM OR RESULTS OBTAINED THEREFROM.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CIRCLEGAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM OR IN CONNECTION WITH YOUR USE OF CIRCLEGAB’S ADVERTISING PLATFORM. IN NO EVENT SHALL CIRCLEGAB’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE ADVERTISING PLATFORM EXCEED THE AMOUNT PAID BY YOU TO CIRCLEGAB FOR THE SPECIFIC AD CAMPAIGN GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to indemnify and hold CircleGab, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise directly or indirectly from your use of the Services, your violation of these Terms of Service, your violation of any rights of any other person or entity, including but not limited to intellectual property rights or privacy rights, any content or information that you submit, post, transmit, or make available through the Services, any violation of applicable laws, rules, or regulations, or any unauthorized use of the Services by you or anyone using your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
10. Miscellaneous
Either party may terminate these Advertising Terms at any time by providing written notice, but such termination shall not affect accrued rights and obligations. Advertiser’s continued use of the Platform post-termination will be governed by the then-current Terms. Section 2, 7, 8, 9, 10, 11, will survive any termination of these Terms. Disputes arising from these Advertising Terms shall be governed by Norwegian law, with exclusive jurisdiction conferred to the courts of Oslo, Norway. No delay or failure by either party in enforcing any provision shall constitute a waiver of that provision. If any part of these Terms is deemed invalid, the remainder shall remain in effect. These Advertising Terms constitute the entire agreement between the parties, superseding any prior agreements. Notices must be in writing and sent to the provided email addresses. These Terms do not create an agency, partnership, or joint venture between the parties. Public statements about these Terms require mutual consent, and Advertiser cannot assign these Terms without Company’s consent. Feedback provided by Advertiser may be used by Company without compensation.
11. Changes to these Terms
We reserve the right to modify these Terms of Service at any time at our sole discretion. In the event of any changes, we will provide notice to users either via email or through a notification within the service. The updated Terms of Service will be posted on our website and will clearly indicate the date on which they become effective. Users will be required to review and accept the new Terms of Service to continue using the service. Failure to accept the new Terms of Service will result in the termination of your access to the service. Previous versions of these Terms of Service will also be made available on our website for your review.