Liability/ Warranties/ Indemnification:
Under no circumstances shall Webmoblink, Inc. be liable to any user on account of that user's use of the services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special and exemplary damages (even if Webmoblink, Inc. has been advised of the possibility of such damages), arising from any use of the services (including such damages incurred by third parties). Your breach of this agreement shall give the Provider the right to seek indemnity with respect to all liability, losses, damages, costs or expenses howsoever caused. And, further agree to indemnify and hold harmless Webmoblink, Inc., its subsidiaries, affiliates, officers, agents, or other partners and employees from any claim or demand, including attorney's fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of this Service, your violation of these Terms and Conditions, or any other applicable published Webmoblink, Inc., usage, terms, conditions, policies or requirements, or your violations of any rights of another. It expressly addresses the relationship between Webmoblink, Inc., Publishers, Advertisers, Agencies and Carriers. Further, this service is provided "as is" and the Provider and its affiliates expressly disclaim any and all warranties expressed or implied or guarantees of confidentiality or privacy of any communication or information transmitted on the site or any Website linked to this site, thereby the use of this service by you is at your own risk. We do not warrant or guarantee the results you will achievefrom this service, including the results of any advertising. The User hereby assumes all risk and responsibility hereto.
A Publisher and Advertiser are enabled to create Desktop and mobile advertising transactions directly between themselves. Publisher and Advertisers agree to be bound by these terms and conditions. The Provider reserves the right to change, without notice, the governing of this service such as the:
Terms and conditions
Please click here to read our Advertisement Content Guidelines.
It is the Publisher's responsibility to provide the Provider with registration information which is accurate and any updates thereto. Failure to do so will constitute a breach of this Agreement resulting in immediate termination of the Agreement. It is the Provider's right to refuse an application at its sole discretion.
Users must be over 18 years of age and certify that they are legally permitted to use the services and site.
This Agreement or the use of this service does not create a relationship between you and the Publisher such as employer/employee, joint venture, franchise, partnership, etc. You are solely responsible for all materials and accuracy contained in which your Ad-Space appears and for all materials and contents related to the sale of advertising in your Ad Spaces.
The service shall work free of interference from the Publisher, who further agrees to not take any action that would impose an unreasonable or disproportionately large load on the service infrastructure.
Pursuant to the Publisher Guidelines, submitted Advertisements can be approved or rejected by the Publisher. The Provider, on the Publisher's behalf, has the right to approve or reject any pending advertisements, as well as the Advertiser. No payment is to be made to the Publisher on any canceled or rejected ads. The Publisher is barred from selecting a user name or Ad Space name with the intent to impersonate a person, company or entity subject to the rights, including intellectual property, of another without written consent from the owner or use of name the Provider, or which in its discretion finds offensive.
The Provider may establish general practices and limits concerning use of the service, including but not limited to:
E-creative factory products:
At Webmoblink, Inc., we are totally committed to offering our Publishers and Advertisers -added value, like our E-creative factory products, which are a set of FREE tools that facilitate and enhance the advertising experience.
These products are:
A library of pre-built banners and video commercials for web and mobile advertising. There is no cost associated with the use of these products. They are free and a good option for advertisers that do not have any banners or video commercials ready when running an advertising campaign. These rich media products come in different formats, sizes and categories which can be customized by inserting the advertiser's information. They can only be used for the sole purpose of interacting with your users through the use of Webmoblink services. They cannot be downloaded and used in any other way. They can only be modified, changed or deleted by following the procedures of Webmoblink and are to be stored in the Webmoblink server.
Any previously established intellectual property rights of the Publisher's or Advertiser's shall remain their sole and exclusive property, including tools used for the creation of text ads, banners or video commercials. The Publisher grants the Provider a non-exclusive royalty-free, worldwide license to use Publisher content. Provider reserves the right to maintain Publisher content or advertisements for a period of five (5) years.
Webmoblink, Inc. does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Notice and Procedure for Making Claims of Copyright Infringements:
Webmoblink, Inc. respects the intellectual property of others. We have adopted the general policies toward copyright infringement as described within the Digital Millennium Copyright Act or DMCA as posted at www.Icweb.loc.gov/copyright/legislation/dmca.pdf. Notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELATED TO THE STATED PROCEDURE WILL NOT RECEIVE A RESPONSE.
DESIGNATED AGENT: Please send any communications to: firstname.lastname@example.org Ref. Copyright infringement Webmoblink, Inc. 14221 SW 120 St. Suite 118. Miami, FL 33186
Webmoblink, Inc. does not, however, independently confirm that all content made available through this service is provided by a valid rights holder. In the event that Webmoblink, Inc. becomes aware that content published on or through Webmoblink, Inc. service has been provided by a person who is not a valid rights holder, Webmoblink, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such content.
All users such as publisher, advertiser or otherwise, hereby agree to not use this service in connection with any contents that are infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or in violation of any law or rights of a third party.
Fees and Payments:
Publishers will be provided with an online summary of activity of their ad Spaces. The provider will handle payment for the advertisements submitted and will exclusively calculate charges based on Provider's records and no other methods. The Provider charges a fee for service and reserves the right to change the price list and institute a new price list at any time. An advertiser shall pre-pay all applicable fees for services selected as stated on the site. A Publisher shall receive a percentage of the Net Revenue of Advertisements associated with the use of the services. The portion of the net revenue to be received by the Publisher shall be paid NET 30 during the first five days of each calendar month. If you accrued $80.00 or more during the previous 30 days, you shall receive payment in approximately 30 days from the end of the month in which you accrued the funds. If you accrue less than $80.00, your funds will be carried over to the following month and payment will be made once you have accrued the total sum of $80.00 or more. Once payment is issued we will provide you with payment confirmation via email within five (5) days after payment is made. Payment is conditioned upon Provider's receipt of full payment from advertisers. The Publisher is responsible to pay all applicable taxes or charges imposed by any governmental agency. It is not the Provider's responsibility to calculate, report, and/or pay any and all taxes arising out of any transactions. Publisher is solely responsible for providing and updating contact and payment information on the account to receive proper payment. If the advertiser fails to make full payment, then the Provider shall be held harmless as to liability or responsibility to the Publisher with respect thereto. If a dispute arises due to payment on the services received, the Publisher has the recourse of notifying the Provider in writing within 30 days of such payment. Failure to do so within the prescribed time period shall result in the waiver of any claims by the Publisher. The Provider shall be held harmless from liability for payments made based on fraudulent impression made by anyone or any type of device, fraudulent clicks, or any breach of this Agreement by the Publisher, as determined by the Provider. The Publisher is responsible for maintaining accurate contact and payment information associated with the Publisher's account to guarantee proper payment. Payments by check shall be sent via United States mail to your postal address. Checks are to be deposited within the expiration date. Any checks that have expired will forfeit the amount and payment will be cancelled.
For international publishers, payments may take up to 2 to 3 weeks to be received. Therefore, we recommend that international publishers use PayPal as a payment delivery method to avoid a long wait.
The Provider and Advertiser agree that the Provider shall have the right, without any additional charge, to reproduce, publish, display and distribute the Advertisement placed on the Provider's site or in any collateral material; and further, the Publisher and Provider may display the Advertisements on other sites maintained by them.
No guarantees are made by the Provider, Publisher, their affiliates, partners and/or third parties regarding the level of clicks or impressions for any Advertisements or Ad Space. They only act as a passive conduit for advertiser submitted information and do not warrant the accuracy, reliability, etc., regarding the use or the results of the use of said materials.
All communications by the user are to be directed to the Provider and the user agrees not to solicit or divert business from the Provider from advertisers or publishers.
At any time and for no reason, you may terminate this Agreement by removing your Ad Space or stopping ongoing or pending advertisements and providing us notice by email. At any time without notice, if the user breaches any of the Terms and Conditions of this agreement, the Provider can terminate and remove your Ad Space or Advertisement and send you an email to that effect to a valid email provided by you upon registration. If you fail to provide a valid email address, the Provider can terminate this Agreement without notice. Any fees paid hereunder are non-refundable and non-cancellable. Upon termination of this agreement, all the user's rights to use the service will immediately terminate and the user must remove all the Webmoblink code from the user's web or mobile sites. All provisions of this agreement which by their nature should survive termination shall survive termination and it includes without limitation, warranty disclaimers, limitations of liability, and ownership provisions.
This Agreement shall be governed by the laws of the State of Florida and venue for any claims, lawsuit or complaints shall be filed within the Miami-Dade County, Florida area.