These terms and conditions apply in respect of:
- all Advertising Opportunities offered by YBLLLC.COM for YBLTV.COM
- any products submitted to YBLTV for Product Reviews
- all Giveaways provided by Sponsors
Advertising Opportunities
Insertion Orders are accepted subject to these terms and conditions. Terms, conditions, rates or agreements not set out in these terms and conditions or in our current rate schedules are not binding on Your Biz LIVE (YBL LLC), the parent company of YBLTV (“the Publisher”) unless otherwise mutually agreed in writing.
These terms and conditions are deemed to be incorporated into every advertising contract between Publisher and advertiser/agency. Submission of advertising subsequent to receipt of such a contract or of these terms and conditions constitutes acceptance of these terms and conditions.
Deadlines to place and cancel advertising may vary depending on placement of advertising schedules. JPEG/GIF creative must be received by the Publisher at least 5-7 business days in advance of publication date. All rich media, including Video Ads must be received by the Publisher at least 5 business days in advance of publication date. Any creative change orders must be made in writing, acknowledged, and received by YBL LLC at least 5 business days in advance of requested change date. Unless otherwise agreed to by YBL LLC, creative change orders cannot be submitted more than once every 14 days. Advertisement specifications will be provided by YBL LLC and such specifications may be amended by Publisher at any time on notice to advertiser. The Publisher adheres to IAB USA STANDARD TERMS AND CONDITIONS AND LATE CREATIVE POLICY FOR INTERNET ADVERTISING effective March 1st, 2008 with regards to late creative.
Rates quoted are for all advertising and Publisher reserves the right to classify all advertisements. Applicable taxes are extra. A valid contract must be in place in order to obtain contract discounts. Contingent orders will not be accepted.
Extension of credit to advertising agencies is based on the agency’s acceptance of liability for all advertising placed by it and billed to its account. No endorsement, statement or disclaimer on any Insertion Order, cheque or otherwise, shall act as a waiver of this condition. Notwithstanding anything to the contrary in any insertion order, the advertiser and the agency shall be jointly and severally liable to YBL LLC for payment.
All advertising must be prepaid in advance, subject to extension of credit approval. The withholding of credit approval by YBL LLC shall not relieve advertiser from complying with these terms and conditions. Where credit terms are granted by YBL LLC, accounts are due and payable when rendered. Accounts are considered past due if payment is not made by the end of the month following billing. Payment in foreign currency must be made at the prevailing US rate of exchange. YBL LLC will invoice and bill advertiser based on Publisher’s ad rates. Failure to comply with credit terms and/or to pay invoices may result in the curtailing or withdrawal of credit privileges, and in YBL LLC ceasing to accept advertisements from advertiser/agency. YBL LLC may, at its discretion, provide access to electronic invoices (i.e., e-billing) rather than printed invoices. YBL LLC may, at its discretion, provide access to digital images of the applicable pages for retrieval by advertiser (i.e., reservation forms).
The Publisher may increase advertising rates at any time and all contracts are accepted subject to this condition. The advertiser may cancel any contract without short rate penalty on notice within 15 days after higher rates are made effective by Publisher.
Advertisers will be charged for space occupied from cut-off rule to cutoff rule, not exceeding space ordered. The printing of key codes used to track coupon redemption is not guaranteed. If the publication of YBLTV is restricted or curtailed in any way, rates quoted here or in any contract and the size or placement of any advertisement shall be subject to modification without notice by the Publisher. Press limitations or other causes may require the Publisher to limit the availability of colour, insert distribution and other special classifications on selected occasions during the year.
YBL LLC reserves the right to revise, reject, discontinue or omit any advertisement, or to cancel any advertising contract, for reasons satisfactory to YBL LLC without notice and without penalty to either party. If, in YBL LLC’s opinion, revisions are required to any advertisement prior to publication,YBL LLC will notify advertiser. The Publisher may insert the word “advertisement”, “advertorial” or “advt.” adjacent to any copy.
Unless otherwise mutually agreed in writing, all advertising positions are at the sole option of YBL LLC. YBL LLC will try to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that such requests will be honoured. Adjustments, reinstatements or refunds relating to the position and/or section in which an advertisement has been published are at the sole discretion of YBL LLC.
Advertiser/agency is responsible for ensuring the accuracy of all proofs and corrections to proofs. The liability of YBL LLC for damage arising out of errors in advertisements is limited to the amount paid for the space actually occupied by the portion of the advertisement in which the error occurred, whether such error is due to the negligence of the YBL LLC’s employees or otherwise. The liability of YBL LLC for damage arising out of non-insertion of any advertisement is limited to the amount received by YBL LLC for such advertisement, whether such non-insertion is due to the negligence of YBL LLC employees or otherwise. YBL LLC accepts no responsibility for loss of profit or any type of damages whatsoever, including any arising from the exercise of any of its rights, non-insertion of any advertisement or any error made in any advertisement whether such error is due to the negligence of YBL LLC’s employees or otherwise. If an error is made by YBL LLC, which in its judgement materially affects the value of an advertisement, a corrected advertisement will be inserted once upon demand without further charge. Such “make good” insertions will not be granted on minor errors, which in YBL LLC’s judgement do not lessen the value of the whole advertisement, or where the advertisement has been placed past YBL LLC’s deadlines for submission.
The advertiser/agency agrees to defend and fully indemnify YBL LLC for any losses or costs incurred by YBL LLC as a result of publishing any advertisement which is libelous or misleading, is in violation of anti-spam legislation (including Bill C-28), or otherwise subjects YBL LLC to liability. This indemnity shall apply to all advertisements published, even if produced by YBL LLC on behalf of the advertiser. YBL LLC expressly disclaims all warranties, representations and conditions of any kind, express or implied, by statute or otherwise, to the fullest extent permitted by law. All of YBL LLC’s limitations of liability and disclaimers set out in these terms and conditions shall apply notwithstanding the breach of a fundamental term or condition or a fundamental breach.
All materials produced by Advertiser/agency or the Publisher will remain the property of YBL LLC. Copyright in such materials shall be owned by YBL LLC. YBL LLC will not be responsible for the return of materials supplied by the advertiser unless return delivery instructions are received when the advertisement is placed.
Deadlines are subject to change. Please confirm deadlines with your YBL LLC Sales Representative or Portfolio Sales Director.
AD CAMPAIGN PROCESS:
Request a Reservation Form from YBL LLC
YBL LLC recommends Advertiser/agency to submit a Reservation Form for Ad Campaign.
Sign Insertion Order
An Insertion Order is then emailed or sent as a PDF attachment in email for Advertiser/agency to sign. A payment for 100% of the total Insertion Order is due to reserve ad placement. If Advertiser/agency changes the Insertion Order, Advertiser/agency may incur additional costs. If Advertiser/agency decides to work with YBL LLC, Advertiser/agency signs the Insertion Order and emails and/or faxes it back to us.
Submit Creatives Phase
After YBL LLC receives signed Insertion Order from Advertiser/agency, YBL LLC will email Advertiser/agency Google Drive folder hyperlink for Advertiser/agency to upload listed creatives on signed Insertion Order submitted by Advertiser/agency for specific Ad Campaign. Advertiser/agency then uploads creatives to this Google Drive folder.
Production Phase
Once Advertiser/agency approves Ad Campaign design and signs off on the copy (if applicable), YBL LLC produces the final piece(s). YBL LLC provides PDF proofs when applicable.
Ad Term Phase
YBL LLC launches Advertiser/agency’s Ad Campaign per ad term specified in Advertiser/agency’s signed Insertion Order.
Reporting Phase
Once Advertiser/agency’s Ad Term is complete, YBL LLC provides Ad Campaign Report(s) to Advertiser/agency via emailed PDF(s).
DELIVERY & RETURNS:
YBL LLC does not offer refunds on any Ad Campaigns or any other services provided to advertiser/agency. Advertiser/agency agrees to these terms when advertiser/agency agrees to YBL LLC’s Terms and Conditions of Use upon when 100% payment of Insertion Order is made.
PAYMENT:
YBL LLC accepts Visa, Master Card and Discover credit cards through its secure payment gateway provided by Payment Processing Direct / Open Edge which will allow Client to make a payment to YBL LLC once YBL LLC submits an invoice to advertiser/agency via email. Advertiser/agency makes secure payments to YBL LLC on the Payment Processing Direct / Open Edge gateway website after clicking on the “Make A Payment” link found in invoice email.
To insure a secure PCI compliant and safe online payment and all other transactions of personal data, the Payment Processing Direct / Open Edge Website uses a technology called SSL (Secure Socket Layer). When processing your Payment, the payment gateway uses a 256-bit SSL (Secure Socket Layer) system to encrypt all orders. SSL encrypts all communications between your computer and their server so that the information can only be read and understood by Payment Processing Direct. A closed lock in the bottom corner of your browser window shows a secure connection. For further information, please consult your browser’s security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common standard in the Internet to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is nested in another frame. To check that you have a secure connection (in Internet Explorer), click the right mouse button and properties, then certificates. Then you will see if the connection is secure or not. Another way (in Netscape Navigator) is to click the right mouse button and ‘view frame info’ at the bottom of the text you will see security information.
Your credit card will be debited when you click on the “Make a Payment” button. At no stage does your credit card number get collected or stored in the Payment Processing Direct / Open Edge system. The only parties to receive the entire credit card number is our bank and our Payment Gateway. YBL LLC has partnered with Payment Processing Direct / Open Edge as our choice of Payment Gateway.
For all Ad Campaigns, YBL LLC requires a 100% payment to secure Ad placement. For Video Distribution / Syndication Licenses, YBL LLC will email a 100% invoice to Client. Once YBL LLC receives this payment, advertiser/agency will receive an email for MP4 digital download(s).
If you are concerned about using your credit card online please contact us for assistance.
COPYRIGHTS AND TRADEMARKS:
Advertiser/agency unconditionally warrants that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork furnished to YBL LLC for inclusion in advertiser/agency Advertising Opportunities and/or Logo are owned by the advertiser/agency, or that the advertiser/agency has permission from the rightful owner to use each of these elements, and the advertiser/agency agrees to hold harmless, protect, and defend YBL LLC from any claim or suit against YBL LLC arising from the use of such elements furnished to YBL LLC by the advertiser/agency. It is the Advdertiser/agency’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark.
LIABILITY:
The Advertiser/agency agrees to indemnify and hold YBL LLC harmless from all liability, expenses, claims, actions, fees, losses or damages caused by the direct or indirect use of services/products from YBL LLC at any time and by any party. YBL LLC makes no warranty to support old browsers, text-based browsers, or color accuracy between screen and print.
Advertiser/agency further hereby agrees to defend, indemnify and hold harmless YBL LLC and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any Advertising Opportunities (iii) otherwise arises from or relates to your use of the Advertising Opportunities and /or Products. In addition, you acknowledge and agree that YBL LLC has the right to seek damages when you use the Advertising Opportunities and/or Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, In the event that YBL LLC is required to respond to a third party or law enforcement subpoena that is related to your use of the Advertising Opportunities and/or Products, YBL LLC may in its sole discretion require you to reimburse YBL LLC for its reasonable expenses associated with complying with such subpoena.
LAWS AFFECTING ELECTRONIC COMMERCE:
The Advertiser/agency agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and, except as otherwise provided in this Agreement, theAdvertiser/agency will hold harmless, protect, and defend YBL LLC from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce. Advertiser/agency also understands that YBL LLC cannot provide legal advice.
CODE, SOFTWARE, STOCK IMAGES:
Ownership of all code, stock images and software remains the property of its perspective owner(s) and/or YBL LLC. Video licensing or other licensing fees may apply for business or personal use.
THIRD PARTY WEB SITES AND SERVICES:
THIRD PARTY WEB SITES AND SERVICES: This Web site may contain links to non-YBL LLC Web sites and access to certain third-party service. These links and services are provided to the Advertiser/agency as a convenience, andYBL LLC is not responsible for the content of any linked web site or use of any third-service service. Any non-YBL LLC Web site or service accessed from this Web site is independent from YBL LLC , and YBL LLC has no control over, and assumes no responsibility for, the content, privacy policy, terms of use and practices of such Web site or service. Any such web site or service has terms of use and a privacy policy different than this Agreement and YBL LLC ‘S Privacy Policy. In addition, a link to any non-YBL LLC Web site or access to a third-party service does not imply that YBL LLC endorses or accepts any responsibility for the content or use of such web site or service. By using any such web site or service, Advertiser/agency expressly relieves YBL LLC from any liability arising from his or her use of such third-party web site and service and any related content.
DESIGN CREDIT:
Advertiser/agency agrees that YBL LLC may put a byline on the bottom of Advertiser’s Advertising Opportunity, web page, presentation slide, other graphic design, custom produced video or interview segment establishing design, development, production or copyright credit. Advertiser/agency also agrees that the Advertising Opportunity created by YBL LLC for the Advertiser/agency may be included in the YBL LLC portfolio. The byline credit shall be in a font style and size that is no more prominent than the least prominent text on Advertiser/agency’s Advertising Opportunity or Video Ad, and shall be limited to the statement “Advertising Opportunity created by YBL LLC” or a comparable statement dependent upon services rendered. Removal or modification of credit is prohibited. If the Advertiser/agency would like the credit to be removed, a US$350 fee is payable to YOUR BIZ LIVE.
OWNERSHIP:
Other than Submissions (as hereinafter defined) You provide to YBLTV.COM, all content, software, scripts, images, graphics, audio, video and other materials in any form appearing on YBLTV (collectively “YBLTV Content”) are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to YBLTV.COM, subject to intellectual property rights under United States and international laws and conventions. Advertiser/agency understands and agrees that all YBLTV Content is provided to Advertiser/agency solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent and video licensing of YBL LLC and YBLTV or respective owners. YBL LLC and YBLTV reserves all rights not expressly granted to You. If you download, print or display any YBL LLC or YBLTV Content for personal use, Advertiser/agency must retain all copyright and other proprietary notices found in connection with YBLTV content.
PORTFOLIO:
YBL LLC reserves the right to use Advertiser/agency’s design, graphics, videos or other products created for your company or service in our portfolio as a representation of past work experience.
MISCELLANEOUS:
YBL LLC and Advertiser/agency agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Advertiser/agency and YBL LLC. Both parties warrant that they have read and understand the terms set forth in this agreement.
Product Reviews
ALL Products for YBLTV Review consideration should be mailed to P.O.B.60574, Boulder City, NV 89006. Please do NOT mail products for review to a specific Reviewer unless otherwise confirmed beforehand from YBLTV Staff. Please submit ALL Product Review requests via email to Reviews [at] ybltv.com. For more information, please call 818-981-9898.
Giveaways
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1. HOW TO ENTER: YBLTV Giveaways begin from the moment the post is shared on the site through the end of the contest date as stated in the giveaway widget. Any entries received after the contest has closed will not be included.
In order to enter, participants are required to do the following:
Completed Entries as outlined in the widget. Additional entries are optional.
Comments left on Facebook, Twitter, via email or other sources will be considered ineligible and will not be included. YBLTV / YBL LLC. is not responsible for transferring comments left on these other mediums onto the post for submission into the Giveaway.
2. ELIGIBILITY: Open to anyone in the world. Employees of YBLTV / YBL LLC., their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible to participate.
3. WINNERS SELECTION: Winners will be selected within 72 hours after the close of the event from among all eligible entries received during the Giveaway. Winners will be determined at random by the widget. Winners will be publicly announced on the site and contacted via email. Winners will have 48 hours to claim their prize via email or the prize will be forfeited. A list of winner(s) can be requested at anytime by contacting advertisers [at] yblllc.com.
YBLTV / YBL LLC. is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive winner’s emailed information on account of technical problems or traffic congestion on the Internet, email being inadvertently flagged as junk or other email form, or at any website or any combination thereof. Every reasonable attempt will be exhausted prior to prize forfeiture, including, but not limited to review of all sub-folders and accounts where emails may inadvertently be directed.
4. PRIZES/APPROXIMATE RETAIL VALUE: Prize value can be found on participating Sponsor website. Odds of winning prize is dependent upon the total number of eligible entries received. Prizes are limited to one (1) per household.
5. GENERAL: Subject to all federal, state and local laws/regulations. YBLTV / YBL LLC. will not have any liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession, use and/or misuse of any prize or participation in these promotions. Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that YBLTV / YBL LLC. may use the winner’s name, voice, likeness and/or prize information, without limitation, for promotional purposes without further consideration, review, approval or payment, where allowed by law. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of YBLTV / YBL LLC., which are final and binding in all respects. YBLTV / YBL LLC. is not responsible for any typographical or other error in the printing of the offer or in administration of the promotion.
6. INTERNET: YBLTV / YBL LLC. is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by YBLTV / YBL LLC. on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
If for any reason the promotions or giveaways are not capable of running as planned for any reason YBLTV / YBL LLC. reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Giveaway and select the winners by random drawing from among all eligible entries received from all methods combined up to the point of the action taken by YBLTV / YBL LLC.
7. SPONSOR / PRIZE FULFILLMENT: Sponsor is the host of the giveaway and will provide winner with prize via shipment to mailing address of winner.
8. DISCLOSURE: YBLTV / YBL LLC. reserves the right to change these terms and conditions at anytime. These promotions or giveaways are in no way sponsored, endorsed or administered by, or associated with, Facebook Twitter, LinkedIn or any other social media website.
ADDITIONAL INFORMATION
If you have any questions about the rights and restrictions on any of the above, please contact YBLTV / YBL LLC by email at:
advertisers [at] yblllc.com
