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 approval.
1.5. Publisher will not review content for compliance with federal applicable and state laws and regulations or any other applicable guidelines and will not administer any promotions on behalf of others.
1.6. 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.
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) Payday loans, paycheck advances and bail bonds;
(7) Multilevel marketing;
(8) Initial coin offerings, binary options or contract for difference trading;
(9) Politics.
4. Indemnification
4.1. Advertiser agrees to indemnify and protect Publisher from any claims resulting from the Advertiser unauthorized use of any brand name, photograph, illustration or text protected by copyright or registered trademark.
4.2. In the event an order is placed by Advertiser on behalf of Client, such Advertiser warrants and represents that it has full right and authority to place such order on behalf of Client and that all legal obligations arising out of the placement of advertisement will be binding on both Advertiser and Client. Advertiser and its Client, if there be one, each agrees to be jointly and severally liable for the payment of all bills and charges incurred for each advertisement placed on Advertiser’s behalf.
4.3. Client remains solely responsible for the contents of the Ad(s) or branded content and for compliance with any laws regulating such advertising or branded content.
5. Payment, Cancellations and Refund
5.1. All advertising is pre-paid via PayPal or Stripe. 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. There is no refund for any cancellations made after the published closing date.
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 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. Term and Termination
7.1. 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.
7.2. The section titles in the Terms are for convenience only and have no legal or contractual effect.
7.3. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
7.4. Nothing contained in these Terms will be construed to create an employment relationship, partnership, principal and agent, or any other fiduciary relationship.
7.5. 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.
7.6. These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Delaware by Delaware residents.
7.7. 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.
7.8. Please note that contractual disputes between Publisher and Advertisers based in Europe 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.
7.9. Publisher always look forward to Advertisers opinion, so if Advertisers have any questions, suggestions, or comments, they can address them to mailto:online@sellbery.com.
Our other contact details are: Address: Sellbery Inc., 221 N. Broad St., Suite 3A, Middletown, DE 19709
