7Search.com, Inc. Advertising Programs Terms and Conditions
(Last Updated: 12/20/2016)
By selecting the "I Agree" button below and proceeding to the registration page for the 7Search.com, Inc., Advertising Programs as described herein, you are entering into a valid and binding legal "Contract" with 7Search.com, Inc. ("7Search") as indicated herein. You signify and guarantee that you are authorized to enter into this Contract. You acknowledge that once your website(s) is listed with 7Search, it may be viewed by web surfers who access your site(s) through 7Search or any authorized affiliate thereof. Please read these Terms and Conditions carefully since, by selecting the "I Agree" button and proceeding to the registration page for the 7Search.com Advertising Programs, you are indicating your assent to this Contract. As used throughout this Contract, the words "Customer" and "You" refers to you and the entity or company, which you represent.
For purposes of this Contract, the 7Search Advertising Programs are programs whereby Customer desires to promote its website, products or services, and does so by bidding or paying a flat rate cost per thousand (CPM) views in order to become visible in the search results, text ad or display advertising produced by 7Search on its website http://7search.com and/or various Third Party/Affiliates who are authorized to make the Customer's website, products or services available as a link from, or as an add on service to, or otherwise in connection with websites and or applications, where such websites or applications are a "third party product", in response to a request conducted by a web surfer or to appear as an advertisement on a website. When applicable, the amount of the Customer's bid determines the rank of such Customer's advertisement on the search result list or advertisement position and 7Search constantly updates the ranking of the Customer's listing based upon bids changing in real time. You understand that 7Search reserves the right to not place your advertisement(s) and/or discontinue to place your advertisement(s) in the 7Search Return List or any site or application within the 7Search Advertising/Affiliate Network should you fail to comply with our terms as described herein. You additionally understand that clicks on search listings include clicks on the search terms that you have selected as well as certain misspellings, singular/plural combinations, and other related search terms that we map to your search listings based on the search terms you selected, your search listings/advertisements themselves or the website to which the search listings/advertisements link. Solely for illustration purposes, and without in any way limiting the foregoing, if you bid for placement on the keyword "hotel," your search listing will also appear in response to a search on the keyword "hotels." A search listing/advertisement, for purposes of this Contract, may include, at 7Search's discretion, text and/or graphics, and is subject to 7Search's approval and the terms of this Contract. A search listing/advertisement that appears as part of the 7Search Advertising/Affiliate Network will also include a search title and search description when appearing in search results. In all cases, information must be submitted in your search requested by 7Search.
For purposes of this Contract, all web pages that 7Search owns, operates or hosts are referred to herein as the "7Search Website." You are authorized to access the 7Search Website solely to manage your advertising account(s) and conduct searches for your own personal use. You agree that you will not use the site or any content therein for any other purpose and that you will not disseminate or distribute any of this information. Your right to access your account with 7Search is personal to you and non-assignable and is subject to any limits established by 7Search. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with 7Search or to monitor or copy 7Search's Website or the content contained therein except those automated means expressly made available by 7Search, if any, or authorized in advance and in writing by 7Search. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by 7Search).
You may only submit advertisements, search terms, titles and descriptions to 7Search's Advertising Programs that are relevant to your website(s). If any information provided on your website(s) is changed, you must update your advertisements, search terms, titles and descriptions to be both current and accurate. All advertisements, search terms, titles and descriptions submitted are subject to relevancy review by the 7Search editorial department, and are subject to removal or rejection at any time.No refunds will be issued for charges incurred to any account as a result of submitting irrelevant words or advertisements not desired to 7Search's Advertising Programs. Excessive violations of relevancy regulations may result in termination of your account without refund for any charges already incurred.
Sites containing adult oriented material must have the "adult site" checked in the "Modify This URL" section of the Advertiser Account. 7Search considers a search listing/advertisement to contain "Adult Content" if the web site includes, promotes, or links to the following: mature subject matter, erotic or sexually explicit images, videos, or text that includes but is not limited to exposed genitals, individuals engaging in sexual acts, exhibitionism, masturbation, sodomy, bondage, bestiality, infantilism, excremental or urination acts of the sexual nature. Furthermore, it is strictly prohibited for any Customer to promote any site(s) involving in any way, shape or form, sexually explicit acts involving humans and animals (bestiality) or sexually explicit acts involving person(s) younger than 18 years of age (child pornography), or sexually explicit acts showing violence or rape (snuff films). In addition to all restrictions set forth herein, it is strictly prohibited for any Customer to promote any site(s) in violation of 18 U.S. Code § 2252 - Certain activities relating to material involving the sexual exploitation of minors, available for review at http://www4.law.cornell.edu/uscode/18/2252.html
Should we feel that you are violating our adult content policy and providing content of an illegal nature, we will report your site to the proper authorities.
Internet gambling sites that accept bets or wagers from customers in the U.S. may be violating provisions of U.S. law and various state laws. Users of our search databases and third party affiliate websites come from throughout the English-speaking world. YOU ARE RESPONSIBLE FOR TAKING ALL APPROPRIATE AND LEGALLY NECESSARY MEASURES TO AVOID ACCEPTING BETS OR WAGERS FROM USERS LOCATED IN THE U.S., AND HEREBY WARRANT AND REPRESENT TO 7SEARCH THAT YOU WILL DO SO.
You agree to pay 7Search all applicable charges to your account in United States dollars, in accordance with the terms of the Programs, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. $25 is non-refundable activation fee. You understand and agree that you will be charged for all clicks on your search listings/advertisements, (no matter whether a click occurred on the 7Search Website or a Third Party Product within the 7Search Advertising/Affiliate Network), and that such charges will be based on the following formula, [# of clicks your listing receives X $Bid Amount you have agreed to pay OR CPM = 1000 views X $ Amount you have agreed to pay]. The amount of clicks measured will also include those executed in the 2 minute lag time between pausing your campaign and when the servers recognize the pause. The amount of clicks are measured by "Click Reports" prepared by our technical and fraud detection departments, and it should be noted that these "Click Reports" shall be the ultimate measurement of the amount of clicks that your listing received. The "Click Reports" will also be used to detect if bad traffic was sent to your search listing/advertisement through fraudulent activity such as a "click club". Customer understands that its payment obligation as described herein is based solely on the number of clicks documented in our "Click Reports" and not on the Customer's ability to convert clicks or views into actual sales. If you have chosen a payment plan that provides for a fixed maximum payment per month, you understand and agree that if your Click Charges equal or exceed your monthly maximum payment, then your search listings/advertisements will be removed from the 7Search Advertising Programs for the remainder of that month. You may pay 7Search by credit card, charge card, debit card, PayPal, Wire transfer or check. You agree and represent that all information you provide for the purpose of enrolling, as an Advertiser will be accurate, complete and current. Your right to access your account with 7Search is subject to any limits established by 7Search. If payment cannot be charged to your credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, or if your financial institution does not honor your check or wire transfer, or if you exceed your monthly maximum payment, 7Search reserves the right to either suspend or terminate your account with 7Search. Suspension or termination includes but is not limited to, removal of your search listings/advertisements from the 7Search Advertising/Affiliate Network. You must submit any claims or disputes you may have with respect to any charge to your account in writing to 7Search within 2 days of such charge otherwise such claim or dispute will be waived and such charge will be final and not subject to challenge. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by 7Search in collecting such amounts.
ADVERTISER'S RIGHTS AND RESPONSIBILITIES
You may submit your material for your search listing/advertisement either by email; file transfer protocol; telephone; fax; U.S. Mail or, if you are modifying or adding a search listing/advertisement, at our account management interface. 7Search reserves the right to edit, refuse, reject or remove any search listing/advertisement at its discretion at any time. You represent and warrant that all information, in the search listing/advertisement itself or through the website to which the search listing/advertisement links, (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening. From time to time, (or as part of a particular program) 7Search may provide suggestions to you for search terms, advertisements text or content, title and/or descriptions or for any other element of a search listing/advertisement but the final decision to authorize any suggestion is yours. Ideas provided by 7Search are only suggestions and you are under absolutely no obligation to use such suggestions. It is your responsibility to determine whether such suggestions comply with the requirements of Advertising Program. By using a search term, search title, search description and/or advertisement that may have been suggested by 7Search, you acknowledge that such search term, search title, search description and/or advertisement is in compliance with the Advertising Program above and with this Contract. You hereby acknowledge that 7Search is not responsible for the maintenance of your website(s) nor is 7Search responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on Customer's website(s). You must update your search listings/advertisements if any information is not a current and accurate description of information available on your website. You further acknowledge that your site does not contain any 7Search owned or licensed content, including but not limited to, any 7Search search listings, except pursuant to a separate signed affiliate agreement with 7Search. You hereby grant 7Search the irrevocable right to access, index, cache, and display (in connection with your search listings/advertisements) the website(s) to which your search listings/advertisements link, or any portion thereof, including by any automated means including web spiders or crawlers. This grant specifically includes 7Search's right to create and display copies of any and all text, graphics, images, audio, video, and all other material included or found on such website or portions thereof, including the right to create and display thumbnail and full-scale copies of any images or video included on or found on such website or portions thereof. You will not hold 7Search or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided by 7Search and commit any sort of "cyber attack" upon your site or your server. However, you may request our help in solving this problem and 7Search will work vigorously with you to deter such activities from happening in the future with the aid of our technology department and fraud detection department, should you need and request such assistance. Furthermore, you will not hold 7Search responsible for the acts of affiliates or surfers who fraudulently send "bad traffic" to your site or engage in prohibited behavior such as "click clubs," but will work with 7Search to get reimbursed should such activity be detected. (See "Click Reports" above for an explanation of what you are responsible to pay) You further represent that your site is suitable for the 7Search Advertising Programs and meets all of our Terms and Conditions contained herein. 7Search reserves the right to decline or eliminate any website if it is deemed unsuitable for the 7Search Advertising Programs as clearly defined herein.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have sufficient authority to enter into this Agreement. You represent and warrant that each of your search listings/advertisements meets the standards and requirements of the Advertiser Rights and Responsibilities section above.
You hereby agree to indemnify and hold harmless 7Search, its information providers, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise from your use of the 7Search Advertising Programs or other 7Search website and/or your website and/or your breach of the terms of this Contract, including, without limitation, the breach of any representation or warranty. You agree to be solely responsible for defending any claim, subject to 7Search's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from the foregoing to both a third party and 7Search, provided that you will not agree to any settlement that imposes any obligation or liability on 7Search without 7Search's prior written consent. 7Search reserves the right to terminate or suspend the account of any advertiser that may violate any of the terms in this Contract.
WARRANTY DISCLAIMER CLAUSE
YOU EXPRESSLY AGREE THAT YOUR USE OF THE 7SEARCH ADVERTISING PROGRAMS IS AT YOUR OWN RISK. THE 7SEARCH ADVERTISING PROGRAMS ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER 7SEARCH NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE 7SEARCH DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE 7SEARCH ADVERTISING PROGRAMS, THE SUCCESS OF YOUR SEARCH LISTING/ADVERTISEMENT AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH 7SEARCH AND/OR THE 7SEARCH ADVERTISING PROGRAMS OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. 7SEARCH HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE 7SEARCH ADVERTISING/AFFILIATE NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE 7SEARCH ADVERTISING PROGRAMS AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE 7SEARCH ADVERTISING PROGRAMS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITED LIABILITY CLAUSE
ANY LIABILITY OF 7SEARCH, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ENTITIES WITHIN THE 7SEARCH ADVERTISING/AFFILIATE NETWORK, ATTORNEYS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO 7SEARCH FOR PLACEMENT OF SEARCH LISTINGS OR ADVERTISEMENTS IN THE PRIOR TWO MONTH PERIOD. IN NO EVENT SHALL 7SEARCH, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, ENTITIES WITHIN THE 7SEARCH DISTRIBUTION NETWORK, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS CONTRACT, THE USE OR INABILITY TO USE THE 7SEARCH ADVERTISING PROGRAMS AND/OR THE SITES LINKED TO FROM THE 7SEARCH ADVERTISING PROGRAMS OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD 7SEARCH RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE 7SEARCH ADVERTISING PROGRAMS AND/OR SITES LINKED TO FROM THE 7SEARCH ADVERTISING PROGRAMS, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM 7SEARCH CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE 7SEARCH ADVERTISING PROGRAMS AND THOSE TO WHOM 7SEARCH PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION. WITHOUT LIMITING THE FOREGOING, 7SEARCH SHALL HAVE NO LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, ACTS OF TERRORISM, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, COMPUTER VIRUS, ACTS OF GOD, WAR, GOVERNMENTAL ACTION, OR ANY OTHER CAUSE THAT IS BEYOND 7SEARCH'S REASONABLE CONTROL.
If you are dissatisfied with the 7Search Advertising Programs or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You may cancel your participation in the 7Search Advertising Programs at any time by logging into your account management interface and pausing campaigns or closing the account. You may cancel your participation in the 7Search Advertising Programs by providing a 72-hour written notice to 7Search (which includes email notifications). Following such notice period, you will be entitled to receive a full refund for all amounts not yet charged to your account. In all events, $25 is non-refundable activation fee and any promotional credits will be deducted. Notwithstanding anything contained in this Contract to the contrary, 7Search may, in its sole discretion, immediately - and without prior notice - terminate your account and discontinue your participation in the 7Search Advertising Programs, or use of any search term, search listing or advertisement. Reasons for 7Search's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if 7Search believes that you violated this Contract (including, but not limited to, the Adult Content section) or other policies or guidelines of 7Search or of a Third Party Product (or other member of the 7Search Advertising Programs) that uses, licenses or distributes the 7Search Advertising Programs, or if 7Search believes your conduct may be harmful to 7Search or to other consumers, advertisers or licensees who participate in (or offer to its users) the 7Search Advertising Programs. All decisions made by 7Search in this matter will be final and neither 7Search nor its licensees (or distributors) shall have any liability with respect to such decisions. IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED "REFUNDS" FOR MORE INFORMATION. The following Sections shall survive any termination of this Contract.
If 7Search terminates your account or if you decide to terminate your account, and you provide 72 hour notice to 7Search, your account will be deemed terminated when the 72-hour period has ended. You will only receive a refund for amounts not yet charged to your account. You will not receive a refund for the $25 non-refundable activation fee and any service fees and any promotional credit(s) received as you agreed that this amount is non-refundable. PLEASE SEE THE SECTION ENTITLED "PAYMENT" FOR MORE INFORMATION. If you decide you would like a refund for any reason, even if your account stays open, you will not receive a refund for the $25 non-refundable activation fee and any service fees and any/all promotional credit(s) ever received. A refund will not be issued, under any circumstance, if there is $25 or less in your account. No partial refunds are given under any circumstances.
USE OF MATERIAL SUBMITTED TO THE 7SEARCH ADVERTISING PROGRAMS
By submitting material to the 7Search Advertising Programs (including information for a search listing) you are irrevocably granting 7Search, its licensees, and any entities in the 7Search, the right to use all parts of the material, without limitation, including modifying it or using it commercially and authorizing others to do so.
7Search may give general notices to you by posting on the 7Search website or http://7search.com/ or, if possible, by electronic mail to the e-mail address provided by you to 7Search. It is your responsibility to ensure that your e-mail address and any other contact information you provide to 7Search is updated and correct.
FORUM SELECTION CLAUSE
This Contract shall be construed and controlled by the laws of the State of Illinois. Any dispute arising from this Contract, including, without limitation, a breach of this Contract, shall be governed by the laws of the State of Illinois, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Cook County. Any claim against 7Search arising from this Contract shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
This Contract constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and 7Search. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of this Contract. If any provision of this Contract is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Contract, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect. This Contract is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. 7Search may change this Contract at any time upon notice published on the 7Search Advertising Programs or any one of 7Search's website or by e-mail notification to you. Any use of the 7Search Advertising Programs or any of 7Search's sites after such notice shall be deemed to be continued acceptance of this Contract including its amendments and modifications. 7Search reserves the right to discontinue offering the 7Search Advertising Programs at any time.
By clicking "I Agree", Customer is stating he/she is at least 18 years of age.