Terms

BAWMEDIA Limited (BAW Media) creates advertising campaigns in the form of online articles (advertorials, sponsored posts, giveaways) and newsletters that can be bought via its website bawmedia.com (the “Site”). By using the Site and participating in our campaigns, you agree to comply with and be bound by these terms of use (the “Terms”). Please review them carefully. If you do not agree with the Terms, you must not use this Site or participate in any of our campaigns.

The Terms cover matters regarding your participation in:

  • Any of our campaigns
  • Using the Site

Use of the terms “we” and “us” in these Terms means BAW Media.

BAW Media may amend the Terms at any time by posting revised Terms on the Site, and/or sending information regarding the amendment to the email address you provide to us. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continue using the Site and by participating in our campaigns.

 

Participating in a campaign

By participating in a campaign, you represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to agree to and be bound to these Terms. You agree to be financially responsible for the campaigns in which you participate and to comply with your responsibilities and obligations as stated in these Your participation in our campaigns is non-transferable.

You agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that BAW Media, in its sole discretion, deems inappropriate or offensive. BAW Media may refuse to permit you to use a specific  email address for any reason. You are entirely responsible for the accuracy of your information and failure to do so will constitute a breach of these Terms and BAW Media reserves the right to terminate your participation in our campaigns. You agree to immediately notify BAW Media of any unauthorized use of your e-mail address or any other breach of security of which you become aware, including but not limited to theft or unauthorized disclosure of your password. Furthermore, you understand and agree that you will be liable for any activity performed by anyone using the Site with your e-mail address.

BAW Media reserves the right to terminate or to suspend your participation in any of our campaigns at any time. Reasons include but are not limited to your breach of any of these Terms, any credit or payment issues, if any of our campaign spots remain unsold, and if we believe that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for BAW Media, advertisers, publishers, or any other party. If your participation in any of our campaigns is terminated, then you will be refunded with the amount that you paid for that participation.

As a result of the termination or suspension of your participation, you agree that BAW Media will not be held liable for any costs that you might have incurred while you were preparing your participation in this campaign. Please see Limitation of Liability as well.

Except in the case when a contract/agreement is signed between BAW Media and its Client, any other written or verbal agreement is cancelled once the invoice is accepted and paid by the client.

The only terms that are valid between BAW Media and its Client are those written on the invoice. We do not guarantee results.

In the rare case when a publisher decides not to publish a post, then BAW Media will replace that publisher with a different publisher that has a similar traffic and activates in the same niche (i.e. web design). “Similar traffic” is defined here by meaning +/- 15% of the total traffic that a website receives in one month.

BAW is not obliged to come up with different publisher options for the advertiser. The advertiser will not be able to reject the proposal made by BAW Media.

Empty advertising spots are the property of BAW Media. BAW Media can decide to fill them with non-paying clients. Each non-paying client will not appear more than twice in a campaign.

Re-selling your advertising spot(s) is strictly forbidden.

In connection with your use of the Site, you must not:

  • Breach the Terms, including without limitation the General Campaign Terms and Conditions, or any other agreement or policy that you have agreed to with BAW Media;
  • Violate any applicable law, statute, ordinance, or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising, and U.S. export and import laws (such as the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce);
  • Offer or disseminate fraudulent goods, services, schemes, or promotions (such as make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
  • Infringe on any party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy
  • Violate any confidentiality or nondisclosure obligations you have with other parties;
  • Remove any proprietary notices from the Site;
  • Act in a manner that is defamatory, libelous, slanderous, threatening or harassing;
  • Act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
  • Harvest, collect or disseminate any information about any other Site users, including but not limited to any personal data or information, or use such information for marketing purposes unless you receive such Site user’s express consent to do so;
  • Offer or otherwise make available any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
  • Offer or otherwise make available any form of gambling;
  • Use or promote any means to artificially inflate impressions and/or clicks or use deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
  • Attempt to participate in a campaign after BAW Media has terminated your participation for breach of the Terms;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • Modify, adapt, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto;
  • Hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data;
  • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  • Take any action that may cause BAW Media to lose any of the services from its internet service providers, payment processors, or other suppliers.

Copyright and Trademark Notice:

The content, organization, graphics, design, compilation, and other matters related to BAW Media and the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. In addition, the entire Site is protected as a collective work under the Hong Kong and other copyright laws. The collective work includes works that are licensed to BAW Media and that are the property of BAW Media, which are also protected by copyright and other intellectual property laws. You do not acquire ownership rights to any content or other materials viewed through the Site.

All trademarks, service marks, logos, trade names, and any other proprietary designations of BAW Media used herein are trademarks or registered trademarks of BAW Media. Any other trademarks, service marks, and trade names are the trademarks or registered trademarks of their respective parties.

The content Of Advertisements:

All content in advertisements bought or sold through this Site, including without limitation data, text, images, sound, video and other information and materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You, therefore, are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site. BAW Media does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will BAW Media be liable in any way for any Content, including but not limited to any errors or omissions therein or any loss or damage of any kind incurred as a result of the use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness thereof.

Posts:

You understand and acknowledge that all postings you make, including but not limited to postings on the Site, via Twitter, and on our Facebook page (“Posts”), are not confidential and may be used by BAW Media in any way it deems fit. Your Posts must not violate any applicable law, statute, ordinance or regulation or be defamatory, libelous, obscene, unlawfully threatening or harassing, or the like.

 

Links to Third Party Sites:

The Site may have links or direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.

 

Indemnification:

You shall indemnify, defend and hold BAW Media its affiliates, licensors, Account holders, Site users, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys’ fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Content and Posts; or (iv) your use or misuse of this Site.

Disclaimer of Warranties:

THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BAW MEDIA DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES BAW MEDIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BAW MEDIA, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF BAW MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR PARTICIPATION IN ANY OF OUR CAMPAIGNS AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between BAW MEDIA and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.

Enforcement:

BAW Media reserves the right and has absolute discretion to enforce the Terms. BAW Media may, in its sole discretion, immediately terminate or suspend participation in any of our campaigns and/or access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, BAW Media also reserves the right to report any activity (including the disclosure of appropriate data or e-mail information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. BAW Media also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct

 

General Terms:

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to its principles of conflicts of law. It shall not be governed by the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded. Any dispute arising in connection with these Terms that cannot be settled by negotiation between you and BAW Media or their representatives may be submitted at our sole discretion to binding arbitration to be held in Hong Kong in accordance with the rules of the Hong Kong International Arbitration Center. You agree to submit to the exclusive jurisdiction of any Court located in the Hong Kong Special Administrative Region of the People’s Republic of China, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Nothing herein shall prevent BAW Media from seeking equitable relief in a court of competent jurisdiction. BAW Media and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. Any heading contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

PLEASE READ OUR GENERAL CAMPAIGN TERMS AND CONDITIONS AND REFUND POLICY (https://bawmedia.com/b/refund-policy/) WHICH ARE INCORPORATED INTO THE TERMS BY REFERENCE HEREIN.

If you have any questions or comments regarding the Terms, please contact us by e-mail at contact@bawmedia.com

Date last updated: May 1, 2014

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