TERMS OF USE
420network.com BV (420network.com) facilitates online advertisers and website publishers in buying and selling ads , (the “Service”) via its website 420network.com (the “Site”). By using the Service, the Site or by creating an account (“Account”), you agree to comply with and be bound by these terms of use (the “Terms”). Please review them carefully. If you do not agree with the Terms, you must not use this Site or create an Account.
The Terms cover matters regarding your participation in:
Buying and selling ads
Posting messages
Using the Site and/or the Service.
Use of the terms “we” and “us” in these Terms means 420network.com.
420network.com may amend the Terms at any time by posting revised Terms on the Site, and/or sending information regarding the amendment to the email address you provide to 420network.com. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing use of the Site or of your Account after such amendments have been posted or information about such amendments has been sent to you. If you do not agree with such amendments, your exclusive remedy is to no longer use the Site and/or the Service.
Your Account:
You may only create one (1) Account. By creating an Account, you represent and warrant that you are at least 16 years of age or, as applicable, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to agree to and be bound to these Terms. If you are not sixteen (16) years old yet, you require your parent’s or guardian’s permission to use the Site. By accepting these Terms, you warrant that you are at least sixteen (16) years old or you have the explicit permission from your parent or guardian. You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds. Accounts are non-transferable. We accept no liability for any damages resulting from unauthorized access to or use of your Account, and you agree to indemnify us for all damages and costs (including third party claims) relating thereto.
As part of the Account registration process, you will be required to submit an email address and password and to provide contact and billing information. You agree that this information is complete and correct, and in particular you agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that 420network.com, in its sole discretion, deems inappropriate or offensive. 420network.com may refuse to permit you to use a specific Account name or email address for any reason. You are entirely responsible for the accuracy of your information and keeping it up-to-date and for maintaining the confidentiality of your password and contact/account information; failure to do so will constitute a breach of these Terms and 420network.com reserves the right to terminate your Account. You agree to immediately notify 420network.com of any unauthorized use of your Account or any other breach of security of which you become aware, including but not limited to theft or unauthorized disclosure of your password. Furthermore, you understand and agree that you will be liable for any activity performed by anyone using the Site with your Account and you agree to indemnify us for all damages and costs (including third party claims) relating thereto.
420network.com reserves the right to terminate or to suspend access to your Account at any time and without being obliged to pay any compensation whatsoever. Reasons include but are not limited to your breach of any of these Terms, any credit or payment issues, if we are unable to verify any information you provide to 420network.com, and if we believe that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for 420network.com, Account holders, or any other party. Also, we are entitled to suspend access to your Account in respect of a change and/or update of the Site and/or Service, without any prior notification. In addition, we are entitled to put the Site and/or Service (temporarily) out of use and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to you, if in our view this is necessary, for instance in connection with the reasonably required maintenance of the Site and/or the Service or due to force majeure . Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, internet failure, telecommunications failure, hardware failure, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to us of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
Funding Your Account:
You may fund your account in two ways: (1) you can deposit funds into your account via a credit card or wire transfer; and (2) you can earn funds by selling ads as a publisher (“Earned Funds”). Deposited Funds will appear in your Account balance and be available for you to purchase ads and subscriptions, however, Deposited Funds may not be cashed out. Earned Funds will generally appear in your Account balance approximately seventy-two (72) hours after one of your ads has been purchased, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site. Please note that if your Account is inactive for a twelve-month period (i.e. you have not signed into your Account, you have not added more Deposited Funds, you have not purchased any ads, or you have not received any Earned Funds during that time), then we may deem your Account dormant and at such time your Account balance will be forfeited to 420network.com. 420network.com may, but has no obligation to, give you prior notice of any forfeiture of funds. You acknowledge that funds are not redeemable for any sum of money from us. You acknowledge that funds may not be bought and/or sold for real money, may not be transferred outside the Service in whatever way nor may be exchanged for other valuables within the Service.
Limited License to Use Site and/or Service:
Subject to your payment of the applicable fees and compliance with these Terms, 420network.com grants you a non-transferable, non-exclusive limited license to use the Site and/or the Service (including, if applicable, 420network.com’s ad serving code) for the sole purpose to buy and/or sell ads, but not to make any other commercial or other use of the Service, Site or any portion thereof.
420network.com grants you a non-exclusive, non-transferable royalty-free right to use the ad serving code solely for the purpose of being able to access and use the Service. Except as provided for in these Terms of Use you are not allowed to otherwise use, copy, make available to third parties, disclose, sublicense, resell, lease, rent, distribute, amend, modify, integrate or (otherwise) transfer or assign the ad serving code to any third party, unless explicitly permitted by overriding mandatory laws . Save as permitted by overriding mandatory law, you shall have no right to disassemble, decompile or recover the source code of the ad serving code or any part thereof by application of reverse engineering nor by any other means.
Your license is effective until terminated as set forth in these Terms. This license will terminate if you fail to comply with any term or condition of these Terms and 420network.com will have no obligation to provide notice to you of such termination.
420network.com reserves all rights not expressly granted herein.
The use of the Site and/or Service is at your risk and responsibility. You are also responsible for meeting the technical and functional requirements and using the electronic communication facilities and codes that are necessary to be able to access and use the Site and/or Service. The risk of loss, theft or damage to any of your data (including messages) will at all times be borne by you.
Use Requirements and Restrictions:
In connection with your use of the Site or your Account, if you are a publisher or seller of ads, you agree to:
Install and use 420network.com’s ad serving code on your website at all times that you publish or sell ads through the Site;
Approve or deny ads in a timely fashion (If your ad zone is set to automatically approve ads, the ads will be programmed to go live on your website immediately, but you have 24 hours to notify 420network.com to remove the ads. If your ad zone is set to manual approval, you have up to 24 hours to approve or deny the ad, after which time 420network.com may approve the ad at its discretion.);
Accept 420network.com’s terms for release of statistical information (You understand and agree that such statistics are estimates only and are subject to revision for reasons that include but are not limited to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed for, several times a day.);
Notify us via email if you wish to permanently close your Account;
Accept 420network.com’s terms for payment, cashouts, and the like (that may be amended from time tot time), which will be described in the Account registration process on the Site.
If you are a publisher or seller of ads, you also agree that, for as long as you have an Account and are using the Site to publish or sell ads, you will not use any advertising network service that is materially similar to those services offered by the Site.
If you are a publisher or seller of ads, and if you sell or otherwise transfer to another party one or more of your websites, then if the other party validly has its own Account in good standing, you may request that 420network.com transfer (“Push”) those websites from your Account to that other party’s Account. 420network.com shall have no obligation to Push such websites if that other party does not have a valid and complete publisher Account.
In connection with your use of the Site or your Account, you must not:
Breach the Terms, including without limitation the Privacy Policy, or any other agreement or policy that you have agreed to with 420network.com;
Violate any applicable law, statute, ordinance, or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising,
Offer or disseminate fraudulent goods, services, schemes, or promotions (such as make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
Infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy
Violate any confidentiality or nondisclosure obligations you have with other parties;
Remove any proprietary notices from the Site;
Act in a manner that is defamatory, libelous, slanderous, threatening or harassing;
Act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
Harvest, collect or disseminate any information about any other Site users or Account holders, including but not limited to any personal data or information, or use such information for marketing purposes unless you receive such Site user’s or Account holder’s express consent to do so;
Offer or otherwise make available any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any sexual materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites; Offer or otherwise make available any form of gambling;
Use or promote any means to artificially inflate impressions and/or clicks or use deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
Attempt to open a new Account after 420network.com has terminated your Account for breach of the Terms;
Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Modify, adapt, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto;
Hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Take any action that may cause 420network.com to lose any of the services from its internet service providers, payment processors, or other suppliers.
You agree to indemnify us for all damages and costs (including third party claims) relating to your non- compliance with the above representations.
You acknowledge and agree that 420network.com does not pre-screen ads and that we have no influence over these ads. We are not liable and/or responsible for the ads. You warrant and represent that you have the right and authority to submit your own ad. You agree you will at all times comply with any policy and/or guidelines which 420network.com may release with respect to ads.
Copyright and Trademark Notice:
The content, organization, graphics, design, compilation, and other matters related to 420network.com, the Site and/or Service are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights which exclusively vest in 420network.com and/or its licensors. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited, unless allowed under overriding mandatory laws.. You do not acquire ownership rights to any content or other materials viewed through the Site.
All trademarks, service marks, logos, trade names, and any other proprietary designations of 420network.com used herein are trademarks or registered trademarks of 420network.com. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Any and all data collected may be stored by us in a database. We (or our licensors) are the producer(s) of this database and in that capacity has/have the exclusive right to grant consent for the use of data from this database. You may only use data from the database insofar as use is allowed pursuant to these Terms. You are not allowed, without our prior written consent, to retrieve and re-use a substantial part of the data of the database and/or retrieve and repeatedly and systematically re-use non-substantial parts of the data of the database.
Content of Advertisements:
All content in advertisements bought or sold through this Site, including without limitation data, text, images, sound, video and other information and materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You, therefore, are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site or the Service. 420network.com does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will 420network.com be liable in any way for any Content, including but not limited to any errors or omissions therein or any loss or damage of any kind incurred as a result of the use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness thereof. We have the right (but not the obligation), at its sole discretion, to refuse Content posted or transmitted by means of the Service/Site and/or to limit and/or remove any Content that violates these Terms and/or that we deem to be otherwise objectionable. We shall not be required to provide reasons for any removal of any Content.
Posts:
You understand and acknowledge that all postings you make, including but not limited to postings on the Site, our blogs, via Twitter, and on our Facebook page (“Posts”), are not confidential and may be used by 420network.com in any way it deems fit. Your Posts must not violate any applicable law, statute, ordinance or regulation or be defamatory, libelous, obscene, unlawfully threatening or harassing, or the like. You acknowledge and agree that 420network.com does not screen Posts, but that 420network.com shall have the right (but not the obligation) in its sole discretion to screen, refuse, edit, move, or remove any Posts.
Links to Third Party Sites:
The Site may have links or direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.
Intellectual Property Rights Policy:
Site users and Account holders are contractually prohibited from providing materials that infringe third party intellectual property rights (including copyright). If you believe that your intellectual property rights have been infringed by one of our Site users or Account holders, please send us email with the following information:
A description of the copyright, trademark or other intellectual property right that you claim has been infringed;
A description of where the materials that you claim is infringing is located on the Site, with sufficient detail so that we may find it (such as the advertiser’s or publisher’s name and URL of the page where it appears);
Your name, address, telephone number and email address;
Include the following statement, if true, “I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the owner, its agent, or the law.”;
Include the following statement, if true, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
An electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright or other right(s) that have been allegedly infringed.
Please send the written notification to [email protected]
If you inform us that your rights are being infringed by one of our users or Account holders we may, in our discretion, remove the infringing materials from being available on the Site and, if such user or Account holder continues to infringe your rights (or infringes the rights of others), terminate such user’s or Account holder’s use of the Site.
On taking down content, we may take reasonable steps to contact the owner of the removed content so that a counter-report may be filed. On receiving a valid counter-report, we will generally restore the content in question, unless we receive notice from the report provider that a legal action has been filed seeking court order to restrain the alleged infringer from engaging in the infringing activity. to file a counter-report, a written, signed counter-report must be made to us. The counter-report must:
- List the items that were removed by our administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail;
- Provide your name, address, telephone number and email address, together with evidence substantiating your ID;
- State that you consent to jurisdiction in the judicial district in which you reside;
- State that you will accept service of process from the person who provided the report to us of the alleged infringement or an agent of such person;
- State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was the removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that any material is infringing your intellectual property rights.
Indemnification:
You shall indemnify, defend and hold 420network.com, its affiliates, licensors, Account holders, Site users, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys’ fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Content and Posts; or (iv) your use or misuse of this Site and/or the Service.
Disclaimer of Warranties:
THIS SITE, SERVICE AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 420network.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE AND/OR SERVICE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES 420network.com MAKE ANY W ARRANTY AS TO THE RESULTS THA T MA Y BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We are entitled to change and/or update the Service and/or the Site and replace the design and lay-out of any of the functionalities of the Service and/or the Site without any prior notification and without being obliged to pay any compensation whatsoever to you.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL 420network.com, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE
GREA TER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO 420network.com DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL 420network.com, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF 420network.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between 420network.com and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
Enforcement:
420network.com reserves the right and has absolute discretion to enforce the Terms. 420network.com may, in its sole discretion, immediately terminate or suspend your Account and/or access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, 420network.com also reserves the right to report any activity (including the disclosure of appropriate data or Account information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. 420network.com also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these Terms, please contact [email protected]
Refund Policy
This refund policy relates to the refunding of funds added to your advertiser account. In principle all deposits made to your account are non refundable and your funds will be considered as credit points, only to be used to purchase advertising space on the 420network.com. Clients wishing to withdraw credit balances not subject to any ongoing advertising campaigns from their accounts, 420network.com will deposit such funds directly and only into the client’s bank account via direct bank wire transfer.
Upon registration all clients will be provided with a username and password, which will be required to ad funds to your advertiser account. All transactions conducted on the system under the username and password of the client shall be deemed to have been conducted by the client.
General:
You are entitled to terminate these Terms at any time by discontinuing the use of the Site and Service and/or by terminating the Account. Upon termination, you will not be entitled to funds. In addition to the other remedies available to us, we are at all times, at our sole discretion, without prior written notice or explanation and without becoming liable to you, entitled to:
a. temporarily or permanently terminate the Account and your use of the Service and/or Site in the event that we, at our sole discretion, deem such termination necessary;
b. restrict or suspend your activities in connection with the Service and/or the Site or to ban you from the Service and/or Site;
c. delete or refuse any content or services within the Site or Service.
All provisions which are meant to survive the termination of these Terms, shall survive such termination. After termination, your right to access and use the Site and/or the Service shall cease to exist immediately.
These Terms and the use of the Service and/or the Site are governed by the laws of the Netherlands, but in the event of local, overriding mandatory law, this local overriding mandatory will prevail. All controversies, disputes or claims arising out of or relating to these Terms and/or the use of the Service and/or the Site shall be subject to the exclusive jurisdiction of the Amsterdam courts and you hereby submit to the exclusive jurisdiction of the Amsterdam courts.
The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms, this shall not operate as a waiver of a subsequent breach or that provision or as a waiver of a breach of any other provision.
We reserve the right to commission third party service providers and their authorized agents to perform any of the services under these Terms, either in whole or in part. You are not entitled to transfer his rights and/or obligations under these Terms to a third party.
Any agreement, including these Terms , between you and us, is for the sole benefit of the parties thereto and, except as otherwise contemplated therein, nothing therein expressed or implied shall give or be construed to give any person, other than the parties thereto, any legal or equitable rights thereunder.
PLEASE READ OUR PRIVACY POLICY WHICH IS INCORPORATED INTO THE TERMS BY REFERENCE HEREIN. YOU CAN READ, PRINT AND/OR STORE OUR PRIVACY POLICY HERE: https://adserver.420network.com/guest/policy
If you have any questions or comments regarding the Terms, please contact us by e-mail at [email protected]