Effective August 1, 2023
These Advertising Terms and Conditions (Terms) govern advertising and sponsorship between Sellbery Inc (also referred to as the “Publisher”) and the organization, company, institution, agency or other person placing any form of advertising or sponsorship with the Publisher (also referred to as the “Advertiser”).
The placement of advertising with Publisher constitutes the Advertiser’s agreement to these terms and conditions. These terms and conditions may be modified by Publisher from time to time, additional placement of advertising will constitute Advertiser’s agreement to any such modifications.
1. General Terms and Conditions
1.1. All advertising content on https://sellbery.com is clearly and unambiguously distinguished from the Publisher content through borders or other distinguishing elements and/or identified as an “Ad,” “Advertisement,” “Sponsored” or a similar designation indicating that the content is being provided by or on behalf of Advertiser.
1.2. All advertising links will have the rel=”sponsored” attribute for correct and regular indexing in search queries.
1.3. Publisher doesn’t provide creative services relating to the advertising content.
1.4. All advertising content on https://sellbery.com is subject to the Publisher’s review and approval.
1.5. The Publisher reserves the right to refuse, cancel, or remove any advertisement at its discretion, including if the ad content is deemed misleading, offensive, non-compliant with applicable laws (including EU and UK consumer protection laws), or harmful to users.
1.6. The Publisher does not verify ad content for legal compliance, and advertisers remain solely responsible for ensuring ads meet all legal, regulatory, and platform-specific requirements in relevant jurisdictions.
1.7. Publisher reserves the right, in its absolute discretion, and at any time, to cancel any advertising order or reject any advertising, whether or not the same has already been acknowledged and/or previously published, displayed, performed or transmitted, including, but not limited to, for reasons relating to the content of the advertisement.
2. Third Party Content
Advertiser represents and warrants that:
(i) it has all the necessary rights for the third party photos and images, or other third party copyrighted works;
(ii) the third party photos and images, or other third party copyrighted works do not violate any applicable law or regulation;
(iii) the third party photos and images, or other third party copyrighted works do not violate or infringe upon any third-party right in any manner, or contain any material or information that is defamatory, libelous, slanderous;
(iv) the third party photos and images, or other third party copyrighted works do not violate any person’s right of publicity, privacy, personality, or could result in any tort, injury, damage, or harm to any person or institution. Advertiser acknowledges that Publisher is relying on the foregoing representations and warranties;
(v) Ad content is not misleading or deceptive under EU Directive 2005/29/EC, UK CAP Code, or other relevant standards;
(vi) All personal data used in targeting or display complies with applicable data protection laws (including the GDPR and UK GDPR).
3. Prohibited Content
Certain goods, services, or brands may not be promoted with advertising content. We prohibit promotion of the following:
(1) Illegal products or services;
(2) Tobacco products, vaporizers, electronic cigarettes;
(3) Drugs, drug-related products and unsafe supplements;
(4) Weapons, ammunition or explosives;
(5) Adult products or services;
(6) Deceptive, offensive, or misleading content;
(7) False endorsements or misrepresentations;
(8) Unregulated financial products (e.g., binary options, unlicensed crypto offerings);
(9) Political Ads.
4. Indemnification
4.1. Advertiser agrees to indemnify and hold harmless the Publisher against any liability, loss, or expense arising from third-party claims related to the advertising content.
4.2. Advertiser assumes full responsibility for ad content and compliance with all advertising and consumer protection laws, including those applicable in the EU and UK.
4.3. The Publisher is not liable for indirect, special, or consequential damages. In any case, Publisher’s liability shall not exceed the amount paid for the specific advertisement.
5. Payment, Cancellations and Refund
5.1. All advertising is pre-paid via PayPal. Client shall pay all Invoices before publishing. “Invoice” means any electronic request for payment regardless of the title of the document.
5.2. Advertiser discounts may be voided if payment is not received within 30 days.
5.3. Cancellation for advertising must be made in writing prior before the published closing date.
5.4. No refunds will be issued for late cancellations.
6. Publisher Liability
6.1. Publisher is not liable for any failure or delay in publishing, distributing or circulating advertising that is caused by a force majeure, arising from an act of God, accident, fire, strike, terrorism, pandemic or other occurrence beyond Publisher’s control.
6.2. The liability of the Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the price of the advertisement affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
6.3. Publisher is not liable for any failure or delay in publishing, distributing or circulating advertising that is caused by advertiser’s late submission of advertising materials. Digital media materials are due to the Publisher five (5) business days prior to publication.
7. Data Protection and Cookies
7.1. Advertisers must ensure compliance with the GDPR, UK GDPR, and ePrivacy Directive when personal data is used for advertising purposes.
7.2. Advertisers must not place or trigger cookies or trackers without proper user consent. The Publisher provides a cookie banner that complies with EU/UK consent requirements.
7.3. Use of cookies, analytics or behavioral tracking tools is disclosed in the Publisher’s Privacy.
8. Term and Termination
8.1. If any part of these Terms is found to be invalid, illegal or unenforceable, it will not affect the validity or enforceability of the remaining text of these Terms.
8.2. The section titles in the Terms are for convenience only and have no legal or contractual effect.
8.3. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
8.4. Nothing contained in these Terms will be construed to create an employment relationship, partnership, principal and agent, or any other fiduciary relationship.
8.5. These Terms may be made available in multiple languages, however, the English version shall prevail, and will be considered as the authentic and official version.
8.6. These Terms shall be governed by and construed in accordance with the laws of Delaware, USA without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Delaware by Delaware residents. However, for Advertisers located in the European Union or United Kingdom, mandatory consumer protection laws of their place of residence may apply.
8.7. Advertiser agrees that any actions, disputes, causes of action or claims between Publisher and Advertiser shall be settled through negotiations. If a settlement of the dispute or claim cannot be reached in negotiations Advertiser agrees and hereby submit to the exclusive jurisdiction of the state and federal courts of Delaware, USA.
8.8. Please note that contractual disputes between Publisher and Advertisers based in EU/UK can be resolved out-of-court through the Online Dispute Resolution (ODR) platform developed by the European Commission. The ODR platform is available in 23 languages at https://ec.europa.eu/consumers/odr.
8.9. Nothing in these Terms affects statutory rights under applicable EU or UK law.
8.10. The Publisher always looks forward to Advertisers opinion, so if Advertisers have any questions, suggestions, or comments, they can address them to online@sellbery.com.
9. Contact Details
Address: Sellbery Inc., 221 N. Broad St., Suite 3A, Middletown, DE 19709
Email address: online@sellbery.com
