PLEASE READ THESE SERVICE TERMS AND CONDITIONS (THE ‘AGREEMENT’) IN THEIR ENTIRETY BEFORE USING OR RECEIVING ANY SERVICES (AS DEFINED BELOW).
By accessing and continuing to use this website, or any service, products, or data provided by GoodHeroMedia, you acknowledge your acceptance of these terms and conditions of service. GoodHeroMedia reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features, products, services or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by GoodHeroMedia and shall be of no force or effect.
You represent that you have read and agree to be bound by the terms and conditions of service. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
You may only use sponsored posts for yourself, your current employer or, if you are an advertising agency, for your client. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations hereunder and that you are personally responsible for any charges incurred through your account. You may not resell or transfer access to GoodHeroMedia Sponsored Posts to any other party. Your account is for your express use only and not transferable or assignable to anyone else inside or outside your organization.
You agree to supply all the necessary elements that GoodHeroMedia will use to create the sponsored posts.
GoodHeroMedia accepts no responsibility for any errors in the sponsored posts prepared or approved by you, the advertiser.
GoodHeroMedia will distribute your sponsored post(s), through its network of news websites, collectively known as the GoodHeroMedia Network. The news websites where your sponsored posts will appear will be made available to you once all of your sponsored posts have been written.
You agree not to use GoodHeroMedia Sponsored Posts for any unlawful purpose, including, without limitation, sponsoring any ad for any product or service that would violate any federal, state, local or foreign laws, regulations, administrative or judicial order. GoodHeroMedia has the editorial discretion to reject or cease serving any sponsored posts for any reason at any time, regardless of whether or not such content was previously accepted or served.
You represent and warrant that you have the right to permit GoodHeroMedia to serve the sponsored posts, including, without limitation, any copyrighted material, trademarks, service marks, logos or slogans; and the use, transmission or display by GoodHeroMedia of the sponsored posts as authorized herein will not violate the rights of any third parties.
You agree to pay for all fees you incur in connection with each Sponsored Post including any sponsored advertisements placed by you on behalf of your employer and you hereby grant GoodHeroMedia the right to regularly charge the credit card or other accepted payment method you have provided in your account information as means of satisfying any fees including the recurring monthly fees you owe.
Your fees will be based upon the plan you choose, whether it be the plus ONE plan, high FIVE plan, or top TEN plan.
Payment intervals will be determined by us and posted in your GoodHeroMedia My Account section. Your fees will be owed in US dollars. You also are responsible for paying all taxes and government charges that arise as a result of your fees for and reasonable expenses and attorney’s fees we incur collecting late amounts.
You may cancel your sponsored posts at any time after its submission by contacting GoodHeroMedia’s customer service department. GoodHeroMedia will endeavor to cease serving your sponsored posts promptly following your cancellation. You shall be required to pay for any fees which occur prior to discontinuation of your sponsored posts.
GoodHeroMedia reserves the right to remove any sponsored posts at any time, with cause due to a violation of GoodHeroMedia’s Terms of Service or any other agreement between you and GoodHeroMedia. As a consequence of your violation of any of the aforementioned agreements, GoodHeroMedia may, at its sole discretion, prohibit you from any further participation in the GoodHeroMedia Sponsored Post service, or suspend or remove your GoodHeroMedia account.
GoodHeroMedia shall also have the right to remove any sponsored posts at any time without cause as GoodHeroMedia determines in its sole discretion. GoodHeroMedia is not required to provide you with any explanation for its removal of any sponsored posts and you agree that all of GoodheroMedia decisions relating to the placement and removal of sponsored posts shall be final and binding.
In addition, your sponsored posts may be removed if GoodHeroMedia, in its discretion, ceases offering the GoodHeroMedia Sponsored Post program.
In the event of any removal of your sponsored posts under this section, you will be responsible for paying for all sponsored posts that ran prior to time of removal or cessation.
GoodHeroMedia does not guarantee the results or distribution of any sponsored posts in any manner. GoodHeroMedia does not guarantee you any number of impressions (i.e., times your sponsored posts are viewed) or clicks (i.e., times your sponsored posts are clicked on) through GoodHeroMedia Sponsored posts. GoodHeroMedia provides no guarantee or warranty regarding the placement, delivery, timing, or performance of sponsored posts purchased through GoodHeroMedia Sponsored Posts. GoodHeroMedia does not screen or attempt to verify the accuracy of any information on GoodHeroMedia’s website or partner news sites, and, as such, does not guarantee the identity or personal information of the individuals who will view the sponsored post you purchase through GoodheroMedia Sponsored Post.
This contract is not exclusive as to your business, products or services. GoodHeroMedia retains the complete and unqualified right to solicit the business of and sponsored posts from persons and entities that may be in competition with your business, products or services, as well as to serve its own advertisements that may be in competition with your business, products or services.
All materials and information on or available through the GodHeroMedia Sponsored Post service, including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to GoodHeroMedia. You agree that any feedback you provide to us (including suggestions, comments, improvements, ideas, etc.), about the GoodHeroMedia Sponsored Post service and its content shall be part of GoodHeroMedia Intellectual Property Rights and you hereby assign to us all your rights in such feedback.
You may not add, delete, distort, or otherwise modify the GoodHeroMedia Intellectual Property Rights, except with the express consent of GoodheroMedia. Any unauthorized attempt to modify any GoodHeroMedia Intellectual Property Rights, to defeat or circumvent our security features, or to utilize the GoodHeroMedia Sponsored Post service or any part of the GoodHeroMedia Intellectual Property Rights for any purpose other than its intended purposes, is strictly prohibited. You agree that you do not have nor will you make any claim of interest in or ownership of any such GoodHeroMedia Intellectual Property Rights. You are granting GoodHeroMedia a non-exclusive, fully paid up and royalty-free right to use, reproduce, and distribute any content you create, including the content of your sponsored post for use in connection with the GoodHeroMedia Sponsored Post service. You are also, by creating sponsored posts, granting GoodHeroMedia a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on GodHeroMedia and irts news site properties unless requested otherwise in writing to GoodHeroMedia’s customer service department. GoodHeroMedia shall also have the non-exclusive, fully-paid up and royalty free, perpetual right to use any sponsored posts placed through the GoodHeroMedia Sponsored Post service, and the name, trademarks and logos of any person or company on whose behalf a placement has been made, in connection with GoodHeroMedia’s promotion of the service.
If any provision is found to be illegal, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to make such provision valid and enforceable, and the remainder of this Agreement shall remain in full force and effect. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of the applicable party. The remedies of GoodHeroMedia under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. You hereby waive the right to seek specific performance or injunctive relief hereunder.
Notwithstanding anything to the contrary herein, GoodHeroMedia shall not be liable to you if it is not able to post the sponsored content or GoodHeroMedia is rendered unable to timely perform any of its obligations hereunder for any reason, including, without limitation, strikes, boycotts, war, terrorism, Acts of God, labor troubles, riots, and restraints of public authority.
You agree, at your own expense, to fully indemnify, GoodheroMedia and its directors, officers, employees, agents, stockholders and Affiliates harmless from any damages, content shall be part of GoodHeroMedia Intellectual Property Rights and you hereby assign to us all your rights in such feedback.
You may not add, delete, distort, or otherwise modify the GoodHeroMedia Intellectual Property Rights, except with the express consent of GoodheroMedia. Any unauthorized attempt to modify any GoodHeroMedia Intellectual Property Rights, to defeat or circumvent our security features, or to utilize the GoodHeroMedia Sponsored Post service or any part of the GoodHeroMedia Intellectual Property Rights for any purpose other than its intended purposes, is strictly prohibited. You agree that you do not have nor will you make any claim of interest in or ownership of any such GoodHeroMedia Intellectual Property Rights. You are granting GoodHeroMedia a non-exclusive, fully paid up and royalty-free right to use, reproduce, and distribute any content you create, including the content of your sponsored post for use in connection with the GoodHeroMedia Sponsored Post service. You are also, by creating sponsored posts, granting GoodHeroMedia a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on GodHeroMedia and irts news site properties unless requested otherwise in writing to GoodHeroMedia’s customer service department. GoodHeroMedia shall also have the non-exclusive, fully-paid up and royalty free, perpetual right to use any sponsored posts placed through the GoodHeroMedia Sponsored Post service, and the name, trademarks and logos of any person or company on whose behalf a placement has been made, in connection with GoodHeroMedia’s promotion of the service.
You agree, at your own expense, to fully indemnify, GoodheroMedia and its directors, officers, employees, agents, stockholders and Affiliates harmless from any damages, content shall be part of GoodHeroMedia Intellectual Property Rights and you hereby assign to us all your rights in such feedback.
You agree that GoodHeroMedia has sole discretion in determining the interpretation of the meaning of this Agreement, and those documents it incorporates by reference, including determining your compliance with such.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance and enforcement. The parties agree that Orange County, in the State of California, shall be the sole forum for any action brought against the other party. The parties waive trial by jury in any action, proceeding or counterclaim brought in respect of any matter whatsoever arising out of or in any way connected with this Agreement or your use of the GoodHeroMedia Sponsored Post service.
No agency, partnership, joint venture, or employment relationship is created between you and GoodHeroMedia by this Agreement or any sponsored post transaction, and neither party shall have the authority to bind the other in any way. This constitutes the entire agreement by and between you and GoodHeroMedia with respect to the subject matter hereof and supersedes all prior agreements, understandings, representations or negotiations, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. The section headings in this Agreement are for convenience only and have no legal or contractual effect.