User Agreement, Privacy Cookies and AdChoice
Advertising Platform terms of service
These terms of service (the "Terms of Service") describe the terms pursuant to which eBay (UK) Ltd (“eBay”) offers you access to advertise on the websites controlled and managed by eBay and its affiliates (the “eBay Sites”), via the advertising platform managed by DanAds International AB (the "Services "). In these Terms of Service we will refer to eBay as "we," "eBay," or "us." By signing up for the Services, you agree to all terms in these Terms of Service, in addition to the eBay User Privacy Notice .
Advertising Platform Service.
You can request to advertise your text, logos, images, URLs and other content (the “Content”) on eBay websites by agreeing to pay a fee to eBay, as described below, in the event that your Content is promoted through the Services, which eBay may decide in its sole discretion.
When you use the Services, you authorise eBay to use automated tools to format display your Content on the eBay Sites ("Ads"). We may limit the number of Ads you can create at a given time, and also may limit the availability of the Services at our sole discretion. By using the Services, you authorise eBay to place your Ads in any size, placement or location on the eBay Sites. On the date that your Ad campaign is scheduled to begin, it may take several hours before your Ads are displayed. As such, eBay does not guarantee exact Ad durations.
You are responsible for all changes made to your advertising campaigns. It is your responsibility to monitor your campaigns and to ensure that your campaign is consistent with your business objectives.
You expressly agree that your Content will be promoted on the eBay Sites. You will provide eBay with Content for the Ads via the Services. The Content, the Ads, and any content or websites to which such Ads link will comply with the policies and requirements for eBay as outlined in eBay’s Advertising and Sales Policy at Appendix A below, as well as all applicable laws, rules, regulations and guidelines. You agree that you are solely responsible for any Content that is provided to eBay.
When providing us with Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers including, without limitation, through eBay affiliates and subsidiaries), transferable right and licence to (A) use, reproduce and display your Ad, including your logo, content, code and material provided by you or on your behalf on the Properties and (B) exercise any and all copyright, trademark, publicity and database rights in the Content, in any media now known or in the future.
eBay reserves the right to decline to publish, delay the publication of, or remove any Ad or Content, at its sole discretion, for any or no reason, and without any liability to you or any other person. You agree that this shall not relieve you of your responsibility to ensure compliance with all applicable laws, rules and regulations. eBay reserves the right, at its sole discretion, to make edits to any Ad.
eBay may, in its sole discretion, label any Ad as "promoted," "sponsored," "ad" or similar designation. You may not use the eBay name or logo in your Content or Ad without the prior written approval of eBay.
By using the Services, you are purchasing advertising on a cost-per-click or a cost-per-thousand basis, meaning that you will select a quantity of clicks or thousands of impressions at a set price (the “Fees”). eBay's measurements and standard methodologies are definitive and final, and will be used to calculate your Fees according to the pricing method chosen.Fees shall be payable to Danads International AB in accordance with their terms of service.
Fees shall be payable to Danads International AB in accordance with their terms of service.
Where eBay has, at its own discretion, agreed to invoice you the Fees directly, eBay shall issue the invoice at the end of the calendar month in which the Ads were first delivered, and then on a monthly basis, and shall be payable within 30 days. The invoice(s) shall relate to Ads delivered up to the date indicated, the charges for which shall be calculated on a pro-rata basis. You shall make all payments due without deduction, whether by way of set-off, counterclaim, discount or otherwise.
If you believe that any content in which you claim copyright has been infringed by anyone using the Services, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and eBay will investigate your notice.
Representations and Warranties.
You represent and warrant to eBay that any Ad or Content, any material linked to or from your Ad or Content and any goods and services you supply (i) complies with all applicable laws, rules and regulations; (ii) does not and will not infringe the rights of any third party, including but not limited to any intellectual property rights, publicity rights or rights of privacy; (iii) will not link to products or services that infringe the rights of any third party (including but not limited to unlawful and counterfeit items); (iv) is truthful, up to date and accurate; (v) will not be misleading, deceptive, involve any misrepresentation, or imply or represent that any party has approval or sponsorship of another party that it does not have; (vi) will not be defamatory; (vii) will not contain any information or content that is illegal, contrary to any industry code, indecent, obscene, threatening, harassing, discriminatory or in breach of confidentiality; (viii) complies with eBay’s Advertising and Sales Policy at Appendix A; and (ix) will not breach any applicable laws (including, but not limited to, laws relating to gambling, financial services, data protection and advertising), including those laws of the countries of eBay websites.
You further represent and warrant to eBay that: (A) you are fully authorised to publish any Ad or Content; (B) any offer promoted in an Ad or Content is valid and redeemable on the site(s) for which it is submitted, as well as through any eBay property (including, in all cases, www.ebay.co.uk); (C) you have obtained all necessary rights, consents, licences or clearances in relation to the publication of the Content and have complied with all guidance of relevant regulatory bodies; and (D) you have all required rights and licences to grant us the licence rights you are granting us under these Terms of Service.
Disclaimer of Warranties.
To the fullest extent permitted by law, eBay disclaims all guarantees regarding the display of an Ad, the positioning, levels, quality or timing of: (A) sales; (B) click-through rates; (C) availability, quantity or delivery of Ad impressions; (D) any user actions related to your Ads; (E) conversion rates; (F) accuracy of data; and (G) the adjacency or placement of Ads. Furthermore, eBay makes no representations regarding revenue, the performance of your advertising campaigns, or any other anticipated benefits related to your use of the Services, or that the Services are suitable for your intended purposes.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold eBay responsible, for any damages or losses (including, but not limited to, loss of business, money, opportunity, goodwill or reputation, profits, revenue, business interruptions or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from: (i) the deletion of or damage to your Ads, (ii) the duration or manner in which your Ads appear on the Properties, or (iii) any decision by eBay to end or remove your Ads.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of or related to your Content, Ads, your breach of these Terms of Service, your improper use of the Services or your breach of any law or the rights of a third party.
eBay reserves the right in its sole discretion to suspend, terminate or restrict your use of the Services, without notice, for any or no reason, and without liability to you or any third party. In all cases, the running of any Ad campaigns after suspension or termination is at the sole discretion of eBay. eBay also reserves the right to modify, suspend or discontinue parts of the Services or the Services as a whole.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
If eBay is found to be liable, to you our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
These Terms of Service are effective immediately on the date of its posting on wwwebaylocalservices.com. We may amend these Terms of Service at any time by posting the amended terms on wwwebaylocalservices.com and other eBay Sites as applicable. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted and your continued use of the Services constitutes your acceptance of the amended terms.
Any claim, dispute or matter arising under or in connection with these Terms of Service shall be governed and construed in all respects by the laws of England and Wales. You and eBay both agree to submit to the non-exclusive jurisdiction of the English Courts.
eBay’s Advertising and Sales Policy
eBay Advertising and Sales Policy includes, but is not limited to the requirements outlined in this Appendix A.
It is your responsibility to comply with the terms and intentions of this policy or any subsequent policy, which may replace this policy from time to time.
You will ensure that the nature of any Content or Ads will not directly relate to the sale of any good(s).
You will not use the Services if you operate solely in, or in part in the following areas, and shall not submit any Content or Ads relating to the following:
• Weaponry of any kind
• Religious and Political bodies
• Organisations that promote religious, race, gender, etc. discrimination in anyway
• Unauthorised gambling
You will not submit any Content or Ads relating to the following industries without eBay’s prior written approval:
• Gambling and Gaming; all games of chance or skill
• UK Government campaign
• Resale of tickets
• Violent games and movies
• Email aggregators
• Services with fraud risk
• Political or religious campaigns
• Any third party that is wholly, or in part, directly competitive to eBay and any eBay Group
You will not submit any Content or Ads relating to the following services:
• Email aggregators
• Auto start sound and expansion
• Fake HTML or system messages
• Blinking borders
• Mimicking eBay onsite marketing
• Third Party retail advertisers on the homepage
Ads and content must adhere to the following guidelines:
Maximum of three loops allowed
NO more than three redirect in an ad call (no daisy chaining)
NO Flashing boarders or lettering in ad unit
You will not use the eBay house ad design for their creative design
User initiated sound or video only, animation can be auto play
All rich media video must contain controls for pause /play and mute/unmute
No dynamic DHTML creating (Phishing banners)
No continuous load banners
No tracking pixels allowed in third party tags
Any creatives running on the checkout must be SSL compliant
Creatives must include an advertiser name or logo within their messaging
Creatives must be clearly distinguished from site content with a black lpx border built into their design
All cookies must be declared at the start of the campaign
Dimensions must adhere to those outlined when using the Services
DanAds International AB
General Terms & Conditions
The following Terms & Conditions (the “Terms”) (as defined below) have been entered into between the customer registering an account on the Site (the “Customer”) and DanAds International AB (“DanAds”), a company incorporated under the laws of Sweden with Swedish company registration VAT number. The Terms govern the use of the Service.
1.1 The following terms shall have the meaning ascribed to them below:
“Ad” means the product of the ad, and placement created with the Content and published on the Third Party Site.
“Ad Campaign” means an advertising campaign created using the Service, containing optimized goals, targeting settings and advertising strategies.
“Impressions” means an impression is when an ad is fetched from the Third Party Sites, and is countable. Whether the ad is clicked is not taken into account. Each time an ad is fetched, it is counted as one impression.
“Banking day” means an ordinary, non-holiday, working day in Sweden.
“Content” means all texts, graphics, videos, pictures and all other information, such as the user generated ads, that the Customer, Users or anyone else uploads and/or publishes or in other ways makes available via the Service.
“Refunds” means all refunds that will be payed out if the Ad Campaing dont deliver the full amount of impressions booked in the Ad Campaing using the Service.
“Features” means features within the Service, such as launching a new Ad Campaign and creating Ads by using a third party application provided within the Service.
“Service” means the Service, as described in clause 2.1, provided on the Site by DanAds with its current Features on the day of signing of the Terms.
“Site” means the site located from which the Service is provided.
“Third Party Services” means any service within the Service not provided or owned by DanAds. Those Services are
Google DFP https://policies.google.com/privacy?hl=en ,
Amazon Webservice https://aws.amazon.com/terms/
“Third Party Sites” means website not provided by DanAds
“User” means any authorized user of the Service.
“User Account” means the account of the Customer.
2 THE SERVICE
2.1 The Service is an online self-service real time advertising application platform which allows the Customer to create Ads by uploading or creating Content and through an automated process buy ad spaces from third parties. The Content is published on a Site and Third Party Site. In addition to this, the Service enables audience targeting, and interactive performance reporting of the Ad Campaigns.
2.2 In the process of launching an Ad Campaign, the User will have to set a budget regarding the preferred impressions Outcome. The Customer acknowledges and agrees that the set budget for the impressions Outcome is an estimate and that DanAds takes no responsibility for that the impressions will be achieved.
2.4 DanAds reserves the right to modify, suspend, and/or discontinue the use of the Service at any time, with or without notice. All new functionality, Features or services introduced to the Service will be subject to the Terms. DanAds will make reasonable efforts to keep the Service operational and fully functional during updates.
3 USER ACCOUNTS
3.1 In order to obtain an account to the Service, the Customer has to register a User Account in accordance with the at each time applicable instructions on the Site, Third Party Site or DanAds.
3.2 The Customer is solely responsible and liable for all access to and all actions and activities conducted under the User Account, as well as its Users’ use of the Service. The Customer shall immediately inform Site, Third Party Site or DanAds about any unauthorized use of its User Accounts.
3.3 DanAds reserves the right to suspend any User or terminate any User Account if activities occur which constitutes or may constitute a violation of the Terms, DanAds instructions or of any applicable local or international laws, rules or regulations.
4 USE OF DATA
4.1 The Customer acknowledges and agrees upon that DanAds shall maintain the right to store and share with the Site, Third Party Site, and Third Party Services all User Account information regarding the Customer, First name, Last name, Email address, Company name, Phone number, Address including
Country, City, Postal code, Street, etc, Website, Billing contact name, email, VAT number, and Ad Campaing information in an anonymized, consolidated and aggregated manner.
5 PAYMENT & FEES
5.1 The Customer will pay with credit card the cost of each Ad Campaign that is bought via the Service.
5.2 The Customer acknowledges and agrees upon that DanAds doesn’t store Credit card details. All Credit card details are stored secured via a Third Party Services called Adyen https://www.adyen.com/
5.3 Payment with a credit card. In DanAds the Site will charge the credit card directly when the Customer pays for the Ad Campaign.
5.4 In case an Ad Campaign is cancelled by Site, Third Party Site or DanAds a refund will be payed to the Customer. The refund will be calculated on the amount of impressions left for the Ad Campaign booked period.
5.5 In case an Ad Campaign underlived the impressions that was booked by the Customer a refund will be payed to the Customer. The refund will be calculated on the amount of impressions left for the Ad Campaign booked period.
5.6 The Customer acknowledges and agrees that Site, Third Party Site or DanAds will be hold harmless from any and all refund, claims, damages, liabilities, costs and fees (including reasonable legal fees) relating to the Ad Campaign lack of delivery. In no event shall the Customer hold Site, Third Party Site or DanAds responsible or liable for any non-delivery, delay or similar in Ad Campaigns etc. For the sake of clarity this includes any claims related to loss of business opportunities for the Customer.
6 PROHIBITED USE OF THE SERVICE
6.1 The Customer shall use the Service for lawful purposes only. The Customer agrees not to use the Service for posting, transmitting or otherwise distributing illegal or other inappropriate material.
6.2 The Customer agrees to, within the scope of the Service and in relation to Site, Third Party Site or DanAds: not defame, abuse, harass, threaten or otherwise violate the legal rights of others, including DanAds; not publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Site, Third Party Site or DanAds, the Service or Users in any way.
7.1 The Service includes functions for uploading, posting, linking and communicating and otherwise making Content available for others. By uploading Content to the Service, the Customer warrants that it is either the owner of the Content or that it holds a valid permission to such Content from the appropriate right holder, meaning that the Costumer’s use of the content in no way infringes a third party’s rights. Furthermore, the Customer warrants that the Content, or the Customer’s use thereof, is in no way a violation of any national or international legislation or any third party rights.
7.2 Unless nothing else is agreed upon between the Customer and Site, Third Party Site and DanAds, DanAds undertakes to host all Content provided by the Costumer, meaning that Site, Third Party Site and DanAds undertakes to deliver the Ad Campaign from the DanAds server to a Site and Third Party Site. In order for DanAds to do so, the Costumer grants DanAds a worldwide, non-exclusive, royalty-free, transferable right to distribute and display all the Content, or any part of it, and the intellectual property rights therein.
7.3 DanAds makes no representation or warranty as to the accuracy, timeliness, quality, completeness, suitability or reliability of any information or data accessed on or through the Service. No information obtained from DanAds or the Service shall create any warranty if not expressly stated in the Terms. DanAds does not examine or take any responsibility with regards to the validity of information provided by the Users.
8 INTELLECTUAL PROPERTY
8.1 The Service and its original content, Features, functionality and design elements are and will remain the exclusive property of either DanAds or the owner of a Site and Third Party Site. The Customer’s use of the Site or Third Party Site and the Service is limited to the rights granted to the Customer under the Terms. DanAds intellectual property may not be used in connection with any product or service without DanAds prior written consent.
8.2 The Site, Third Party Site and the Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose inconsistent with the limited rights granted to the Customer under the Terms.
9.1 The Customer shall indemnify and hold DanAds, Site or Third Party Site harmless with respect to all direct and indirect liability, losses, damages, costs or expenses caused, arising out of, or in connection with (i) the Customer’s negligence, (ii) the Customer’s breach of the Terms, or (iii) the Customer’s misuse of the Service.
10 LIMITATION OF LIABILITY
10.1 DanAds does not guarantee uninterrupted, secure or error-free operation of the Service. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. DanAds is not responsible for neither technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from User Accounts.
10.2 DanAds undertakes to follow the Viewable Ad Measurements 2.0 standards and guidelines, issued by the Interactive Advertising Bureau in Sweden, insofar that they are not contradictory to the Terms. Notwithstanding what is stated in the Terms or in the said standards and guidelines, DanAds takes no responsibility for any technical glitches that affects the view ability of the Ads on the Site or Third Party Site. Furthermore, DanAds is not responsible for any unfair or in another way inappropriate actions by a third party that may affect the Ad Campaign. Such actions may include, but not be limited to, click frauds and ad frauds
10.3 The Customer is at all times responsible for the Content uploaded or otherwise made available by its Users. This means that DanAds is not responsible for the Content or the use thereof. Furthermore, DanAds assumes no responsibility for the content, advertising, goods or services, privacy policies or other practices of the Site or Third Party Site that may be reached by links presented in the Service.
10.4 The Optimization Outcome that is counted per Ad Campaign will be counted with the counting tools provided by hird Party Service (Google DFP). DanAds takes no responsibility for any difference in the result between the count that is presented in the Service and a the result from The Customers third party tool.
10.5 DanAds is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User Accounts.
To the maximum extent permitted by applicable law, in no event shall DanAds be liable for any, indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with the Terms. This shall include, but not be limited to, any loss of; profit, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
11 BREACH OF THE TERMS
11.1 Should the Customer use the Service in violation of the Terms, DanAds, Site or Third Party Site shall have the right to: i) delete any Content produced by the Customer, ii) suspend and/or terminate the Customers User Account iii) terminate the Terms, and iv) receive a reasonable compensation for its losses connected to the Customer’s violation.
11.2 DanAds, Site or Third Party Site reserves the right to directly limit the use of or access to the Service and to block, restrict or delete any Content at any time, for any reason and without liability, if such use, access or Content constitutes or may constitute i) a violation of the Terms in general or of any applicable local or international laws, rules or regulations, or ii) a risk of harming DanAds, Site or Third Party Site trademarks, goodwill or reputation.
12 CHANGES TO & ASSIGNMENT OF THE TERMS
12.1 DanAds may, at any time and for any reason, amend the Terms by publishing the amended Terms on the Site. The amended Terms shall automatically be effective upon publishing.
12.2 Neither the Terms nor any obligation or right hereunder may be assigned or transferred by the Customer without the prior written consent of DanAds.
13 DURATION AND CANCELLATION
13.1 The Terms shall commence and remain in force as long as the Customer has a registered User Account.
14 GOVERNING LAW AND DISPUTE RESOLUTION
14.1 The Terms shall be construed in accordance with, and governed by, Swedish law. Disputes arising in connection with the Terms shall be settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceeding shall be English.
14.2 The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
15 PRIVACY & CONFIDENTIALITY
15.2 Except as provided below, neither of us shall make any disclosure of the other party’s Confidential Information to anyone other than our employees or contractors who have a need to know such information in connection with this Agreement, and who are bound by written agreements to protect the confidentiality of such information. Each of us will notify our employees and contractors of their confidentiality obligations hereunder.
15.3 Confidential Information shall not include information that the receiving party can demonstrate (i) is, at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party, (ii) was known to the receiving party at the time of disclosure, (iii) is independently developed by the receiving party, or (iv) is subsequently learned from a third party not under a confidentiality obligation to the providing party.
16.1 DanAds may give notice by means of email to your e-mail address on record in DanAds account information, or by written communication sent by first class mail or pre-paid post to your address on record in DanAds account information. You may give notice to DanAds at any time by email to firstname.lastname@example.org letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to DanAds, in either case, addressed to the attention of: CEO. Any such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
16.2 This Agreement shall be governed by laws of Sweden, without regard to the conflicts of law provisions of any jurisdiction, and any disputes, actions, or claims arising out of this Agreement shall be subject to the exclusive jurisdiction of the Malmö city court.
16.3 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
16.4 No joint venture, partnership, employment, or agency relationship exists between you and DanAds as a result of this Agreement or use of the Services.
16.5 The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the parties in writing.
16.6 This Agreement, together with any applicable Order and any other document referenced herein, comprises the entire agreement between you and DanAds and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.