Hyperbidder Terms of Service

Terms of Agreement

This agreement goes into effect on the date that you, the user, sign up as either a publisher or advertiser, or both, with Hyperbidder. There are no long-term commitments needed for either party to use Hyperbidder's services.

Any user that signs up with Hyperbidder is bound to the current Privacy Statement and User Agreement in effect at that time. Existing users will not be affected by any changes made to either the Privacy Statement or User Agreement for thirty days, after which time any changes go into effect for those users.

Hyperbidder's users will be notified if any changes are made and, if possible, will be notified prior to any changes. Hyperbidder's users are under no form of contractual agreement. Users may stop services with Hyperbidder at any time, unless they have an active or pending ad campaign running.

Once an advertiser has been approved by a publisher and begins bidding on a specific campaign, the advertiser is not allowed to remove a bid. The advertiser does not have to place more bids, but the advertiser will be charged accordingly once the ad is served. If an advertiser has money in their main account, no current or pending campaigns, and wishes to no longer continue with Hyperbidder, the advertiser will be sent a check for the remainder of money in their account.

A publisher may discontinue using Hyperbidder services at any time as long as they do not have an active or pending ad campaign. If the publisher does have an active or a pending campaign going, the publisher must wait until the campaign comes to an end before discontinuing services with Hyperbidder. Publishers may not modify, alter, or delete the campaign code that is provided to the publisher before the campaign until the campaign is over.

Confidential Information

Your e-mail address will remain confidential and will not be shared with a third party without your consent. Only Hyperbidder, Inc. and its employees can access your e-mail address as needed. Publishers and advertisers may receive e-mails for a variety of reasons. For instance, publishers may receive e-mails when their approval is needed for a new advertiser, when the deadline for bidding on a campaign is over, or when a campaign comes to an end. Advertisers may receive e-mails when their campaigns have been approved or when they need to add more funds to the campaigns they participate in.

Fees for Service

There is no initial fee charged by Hyperbidder for the use of services. The only time a fee will be charged is when an advertiser deposits money into an account; funds from Hyperbidder accounts will be extracted only when the advertiser's ad receives impressions or click-throughs on a publisher's website. Our publishers will not be charged for creating campaigns. After a campaign ends, Hyperbidder will deduct twenty five percent (25%) of the amount paid by the advertiser, and will send a check for the remaining seventy five percent (75%) to the publisher. When advertisers choose to pay with a credit card, an additional fee may be subtracted from their account by PayPal. Hyperbidder will not be held responsible for additional charges made by credit card companies.

User Rights

The publisher reserves the right, at any time and for any reason in its sole discretion, to reject any advertiser. Hyperbidder acts as an intermediary between the advertiser and the publisher, and is not responsible for any content or violations, such as claims of infringement, copyright, or trademark claims, arising from the advertising campaigns. Publishers and advertisers use Hyperbidder (Online Advertising Portal) to buy and sell advertising space, and it is their responsibility to check advertisements, ad campaigns, and web sites for accuracy and content.

Hyperbidder will be responsible for all the monitoring of ad campaigns, ad media delivery, impression and click-through counts, and monetary transactions to publishers from advertisers. Publishers may redeem their payments from a campaign only after the completion of that particular campaign and after requesting their payments on the "My Accounts" webpage. Payments will be sent by check through mail. Hyperbidder is entitled to twenty five percent (25%) of each campaign's final payment. Advertisers' funds are only extracted from their Hyperbidder account after their ad media (banner, etc.) is displayed on the publisher's website and it receives impressions and/or click-throughs. Hyperbidder will provide both advertisers and publishers with up to date statistics regarding their campaigns, including the exact number of impressions and click-throughs on each individual campaign.

Hyperbidder allows publishers to decide whether or not the advertiser meets the criteria they are looking for. Hyperbidder helps advertisers find the exact campaigns they are looking for and to name their own price for advertising space. Our advertisers are guaranteed exposure on publishers' websites as long as their bid amounts meet minimum criteria.

It is our goal at Hyperbidder to provide our publishers and advertisers with outstanding customer support and service and to give them piece of mind over their advertising needs.

Promotions

Hyperbidder, Inc. prefers that its users engage in fair information practices. Hyperbidder asks that its users inform consumers about Hyperbidder and the technologies provided to them. Our promotional message will be placed next to the advertisers' ad media to facilitate our own advertising needs and to let potential consumers know about our services. This is in no way detrimental to advertisers or publishers - our promotional message will also let others (potential users of advertiser and publisher products and services) know that your ad space or ad media was made possible through Hyperbidder.

After a publisher has created a pending campaign, Hyperbidder will display its own ad media in the ad space being sold by the publisher. This will help increase the number of advertisers bidding on this particular ad space, as the Hyperbidder ad will let potential advertisers know that this ad space is for sale through Hyperbidder.

Content

Hyperbidder reserves the right to reject any campaign that it finds offensive or illegal. In these instances, Hyperbidder will notify both the advertiser and the publisher, and the campaign will be pulled immediately. Advertisements that cover sexually explicit material are accepted only if the Publisher chooses to accept them.

Minimum Age Requirement

Hyperbidder's services are only available to users who are able to form legally binding contracts in the United States. Therefore, the use of our site by persons under the age of 18 is strictly prohibited. This policy will be strictly enforced. When under adult supervision, persons under the age of 18 may view our site, but only persons over the age of 18 may make transactions and user changes.

False Information

Hyperbidder will not tolerate any false use of information or documentation. This includes, but is not limited to, IDENTITY THEFT, CREDIT CARD FRAUD, FALSE ACCOUNT INFORMATION, TRUTH ABOUT AGE, ETC. It is Hyperbidder, Inc.'s goal to be a fair and honest company, and the same is expected of our users.

Hyperbidder encourages our users to contact us if they have any suspicions or concerns about other users. If we feel the need to look into any claims by our users, or if we see any activity that concerns us, we will investigate immediately. Any evidence of fraud or misrepresentation will result in an immediate suspension of the account of the user in question. We will then investigate further before a final decision is rendered.

Liability

HYPERBIDDER PROVIDES ITS SERVICES AND INFORMATION "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" AND ALL RISKS ASSOCIATED WITH USING THE SERVICE ARE WITH YOU. HYPERBIDDER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES REGARDING DEALING OR TRADE. HYPERBIDDER PROVIDES NO GUARANTEE THAT ITS SERVICES WILL MEET YOUR EXPECTATIONS, BE ACCESSIBLE, OR NOT CONTAIN ERRORS. HYPERBIDDER IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED BY USING ITS SERVICES.

HYPERBIDDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES RESULTING FROM USING ITS SERVICES.

HYPERBIDDER WILL NOT BE LIABLE FOR THE CONTENT OF ADVERTISEMENTS CREATED BY ANOTHER PERSON, COMPANY, AGENCY, ORGANIZATION, OR OTHER ENTITY OR CREATED BY HYPERBIDDER FOR ANOTHER PERSON, COMPANY, AGENCY, ORGANIZATION, OR OTHER ENTITY.

HYPERBIDDER RESERVES THE RIGHT TO CHANGE ITS WEBSITE, POLICIES, OR SERVICES AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION TO ITS USERS.

COMPUTER MONITORS GENERATE LIGHT PATTERNS THAT MAY CAUSE EPILEPTIC SEIZURES FOR A SMALL NUMBER OF USERS. CERTAIN INSTANCES MAY CAUSE EPILEPTIC SYMPTOMS IN PEOPLE WHO HAVE NO PRIOR HISTORY OF EPILEPSY. IF YOU, OR ANY MEMBER OF YOUR FAMILY, LIVING OR DECEASED, HAS OR HAD AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN BEFORE USING ANY COMPUTER OR ELECTRONIC SERVICE. IF YOU EXPERIENCE ALTERED VISION, CONVULSIONS, DISORIENTATION, DIZZINESS, EYE OR MUSCLE TWITCHES, INVOLUNTARY MOVEMENT, AND/OR LOSS OF AWARENESS WHILE USING THE SERVICE OR ANY COMPUTER-RELATED ACTIVITY, PLEASE QUIT USING THE SERVICE OR ACTIVITY IMMEDIATELY AND CONSULT YOUR PHYSICIAN.