Join inCrowd, Inc. "Branded Background - Digital Advertising Program" Terms of Service
1. Term of Service
The "Branded Background" digital advertisement ("Ad") will be available for selection by members on the Join inCrowd platform for a term not exceeding twelve (12) months, provided that the Ad complies with all applicable policies and guidelines set forth by Join inCrowd, Inc. ("Company"). The Company reserves the right to remove any Ad, link, graphic, or content without prior notice if it determines, at its sole discretion, that such Ad violates Company policies.
2. No Refund Policy
All payments made to the Company for the placement of an Ad on the Join inCrowd platform are final. The Company offers no refunds for any reason. Advertisers acknowledge and agree that the rates, terms, and policies applicable to the "Branded Background" Digital Advertising Program are subject to change at any time without notice.
3. Ad Distribution and Review
Ads are distributed and displayed across the Join inCrowd platform immediately upon payment. While the Company may review Ads within a period of twenty-four (24) to ninety-six (96) hours, this review is not guaranteed, and all Ads are subject to removal at any time, with or without cause. Advertisers are encouraged to address any issues with their Ads via the contact or feedback section of the Company's website.
4. Mediation and Legal Venue
By placing an Ad on the Join inCrowd platform, the Advertiser agrees to seek mediation in the State and County of Denver, Colorado, as the exclusive remedy for any disputes arising under this Agreement. The Advertiser expressly waives any right to pursue small claims or a lawsuit in any other jurisdiction. The Company is not liable for any loss or injury resulting from the removal of an Ad from the platform.
5. No Partnership or Special Relationship
The placement of an Ad on the Join inCrowd platform does not establish or imply any partnership, joint venture, or special relationship between the Advertiser and the Company, beyond the posting of user-generated content for advertising purposes.
6. Disclaimer of Guarantees and Harm
The Company makes no guarantees, express or implied, regarding the performance of any products or services advertised on the Join inCrowd platform. The Company is not responsible for any harm, loss, or damage that may result from the use of any products or services advertised through the Digital Advertising Program.
7. Force Majeure
The Company shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God, pandemic, government restriction, fire, flood, earthquake, other natural disaster, or any other cause beyond the reasonable control of the Company.
8. Limitation of Liability
The Company's liability under this Agreement shall be limited to the amount paid by the Advertiser for the placement of the Ad. In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, even if the Company has been advised of the possibility of such damages.
9. Acknowledgement and Agreement
By checking the box and remitting payment for digital advertising on the Join inCrowd platform, the Advertiser acknowledges that they have read, understood, and agree to be bound by these Terms of Service and the policies governing the "Branded Background - Digital Advertising Program."
10. Entire Agreement
These Terms of Service constitute the entire agreement between the Advertiser and the Company regarding the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
11. Severability
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall otherwise remain in full force and effect.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law principles.
13. Notices
All notices required or permitted to be given under these Terms of Service shall be in writing and delivered to the parties at their respective addresses as indicated during the Ad submission process.
14. Waiver
The failure of the Company to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
By accepting these Terms of Service and completing the payment process, the Advertiser consents to and agrees to be bound by the terms and conditions outlined above.