Kuhlab is a social network application for creative professionals ("the Kuhlab Service"). Our service for advertisers located at www.kuhlab.com ("the Kuhlab Site") permits targeted advertisements approved by Kuhlab to be served to users of the Kuhlab Service ("Users"). At Kuhlab, we believe that adverts should benefit both the advertiser and the User. This is why we call adverts posted on our service "Deals". This Terms and Conditions document is here to help you understand what we expect from you as an advertiser, and to also help you to get the most out of your Deal on Kuhlab. These guidelines are not intended to serve as legal advice and adherence to these guidelines does not necessarily constitute legal compliance. You are responsible for ensuring that your deals comply with all applicable laws, statutes, and regulations. If you have any questions regarding your deal or these terms and conditions, please contact us at email@example.com.
A. These Terms and Conditions consist of advertising content criteria, community standards, and other applicable requirements.
B. These Terms and Conditions apply to all advertising and commercial content ("Deals") served by or appearing on the Kuhlab Site and/or the Kuhlab Service.
E. Deals must not contain false, misleading, fraudulent, or deceptive claims or content.
F. Deals must contain a discount of at least 10% from the current Recommended Retail Price or other actual price at which the product or service concerned to be posted onto Kuhlab would otherwise be available to the User. Any Deal posted that does not feature this discount or a similar promotional offer (such as buy one got one free) will be removed from the Kuhlab Site and the Kuhlab Service.
F. When signing up for an advertisers account with Kuhlab you agree that all contact information regarding yourself and your business is truthful and accurate. If you are not the business owner you acknowledge that you have permission to manage the account, which we may verify. You may not manage more than one advertiser or client through a single Deal account, and may not change the advertiser or client associated with an established Deal account.
G. We do not guarantee the activity that your Deals will receive, such as the number of clicks or views or purchases your Deals will get.
H. We cannot control how clicks are generated on your Deals. We are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running Deals.
I. You acknowledge that your Deal may vary in ranking on search page and in Users' search results, due to variable search terms.
J. By accepting these Terms and Conditions or using the Kuhlab Site and/or the Kuhlab Service, you automatically accept that these Terms and Conditions apply (as they may be altered from time to time by us). By such acceptance you grant us a non-exclusive, worldwide, free licence to display and serve your Deal as an advertisement on the Kuhlab Service. Such licence is irrevocable by you and will last for the duration of the period for which you have paid for such Deal to appear on the Service ("the Term") as part of your order with us ("the Order") .Our license to run your Deal as an advertisement will end when the Term ends. Although you understand, however, that if Users have interacted with your Deal, your Deal may remain visible to Users until the Users delete it.
K. You accept and give us permission to use your Deals and any related content and information you provide to us for marketing or promotional purposes for Kuhlab. This includes, without limitation, marketing and promotional case studies which we may include on the Kuhlab Site.
L. will not issue any press release or make public statements about your relationship with Kuhlab without our prior written permission.
M. We may reject or remove any Deal for any reason. We will give you written notice of any such rejection or removal.
N. If you are placing Deals on someone else's behalf, you must have written permission to place those Deals, which you will supply to us on our request, including the following (Terms O and P):
O. You warrant that you have the legal authority to bind the advertiser to these Terms and Conditions; and
P. You agree that if the advertiser you represent violates these Terms and Conditions, we may hold you responsible for that violation.
II. Deal Creative and Positioning
All components of a Deal, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the Deal in our opinion. Deals may not position products or services in a sexually suggestive manner. Deals may not contain content that exploits political agendas or politically provocative issues for commercial use. Additionally, text featured in the Deal must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the characters used.
Deals must clearly represent the company, product, service, or brand that is being advertised. Products and services promoted in the Deal copy must be clearly represented on the landing page which the Deal leads to, and the destination site may not offer or link to any prohibited product or service. Additionally, Deals may not suggest false relevancy to generic offers made by you.
Deals may not exploit or discriminate, directly or indirectly, within the Deal content or by targeting the following categories:
i. race or ethnic origin;
ii. religion or philosophical belief;
iv. sexual orientation or sexual life;
v. gender identity;
vi. disability or medical condition (including physical or mental
vii. financial status or
viii. membership in a trade union;
ix. criminal record; and
xi. any other inappropriate criteria in our opinion.
C. Destination Sites
Deals must lead to a functioning landing page that does not interfere with a User's ability to navigate away from the page.
Deals and sponsored stories may not include images comprised of more than 40% text.
Images in your Deals must be relevant and appropriate to the advertised product.
Keep these policies in mind when you're choosing an image for your Deal:
Images may not use shock or scare tactics designed to frighten Users into making a purchase.
Images may not be overly sexual, imply nudity, show excessive amounts of skin or cleavage, or focus unnecessarily on body parts.
Images may not portray non-existent functionality, including but not limited to play buttons that suggest video capability and close buttons that do not close.
Images may not contain QR codes.
Images may not use Kuhlab brand images without permission, including but not limited to logos, trademarks, designs, icons and alert notification graphics.
It is up to you to select the right industries and hashtags for your Deal. Kuhlab makes no warranty that you will hit your desired audience. If you target industries or use hashtags that are of no relevance to your Deal we reserve the right to class this as spam and remove your Deal from the Kuhlab service.
III. Ad Content
You must ensure that your Deals comply with all applicable laws, regulations and guidelines. All claims in Deals must be adequately substantiated. Deals must not offend users. Deals and any offers promoted within deals must not be false, deceptive or misleading or contain spam. Deals must not contain or promote illegal products or services. Deals must not violate the rights of any third parties. In addition, the following specific content guidelines apply:
A. Adult Products
Deals may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products. This also includes Deals for family planning and contraception products. Deals may not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative
Deals that promote or reference alcohol are prohibited.
Deals for adult friend finders or dating sites with a sexual emphasis are not permitted. Deals for other online dating services are also not allowed.
D. Drugs and Tobacco
Deals may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
E. Gambling and Lotteries
Deals that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are prohibited.
F. Pharmaceuticals and Supplements
i. Deals must not promote the sale of prescription pharmaceuticals. Deals for online pharmacies are prohibited except that Deals for certified pharmacies may be permitted with prior approval from Kuhlab.
ii. Deals that promote dietary and herbal supplements are generally permitted, provided they do not promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterne, ephedra, human growth hormones, melatonin, and any additional products deemed unsafe or questionable by Kuhlab in its sole discretion.
Deals may not contain (or link directly or indirectly to a site that contains) spyware/malware downloads or any software that results in an unexpected, deceptive or unfair User experience, including but not limited to software which:
i. "Sneaks" onto a User's system without their awareness or consent;
ii. Performs activities hidden to the User;
iii. May alter, harm, disable or replace any hardware or software installed on a User's computer without express permission from the User;
iv. Is bundled as a hidden component of other software whether free or for an additional fee;
v. Automatically downloads advertisements without Kuhlab's express prior approval;
vi. Presents download dialogue boxes without a User's action.
H. Subscription Services
Deals for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to the following requirements:
i. Deal text must clearly and conspicuously disclose the recurring billing component (e.g. "subscription required").
ii. The landing page which the Deal leads to must:
a. Display the price and billing interval wherever the User is prompted to enter personally identifiable information;
b. Include an unchecked opt-in checkbox; and
c. Include language informing Users how to cancel their subscription or membership.
iii. Each of the foregoing must be located in a prominent place on your landing page, as determined by Kuhlab in its sole discretion, and should be easy to find, read, and understand.
iv. All Deals and Deal landing pages must comply with applicable laws and regulations and any applicable Industry Guidelines, including the Consumer Contracts Regulations, 2013, the Unfair Terms in Consumer Contracts Regulations, the Sale of Goods Act, and the E-Commerce Regulations.
I. Unacceptable Business Model
Deals may not promote a business model or practice that is deemed by Kuhlab in its sole discretion to be unacceptable or contrary to Kuhlab's overall advertising philosophy, including but not limited to multi-level marketing schemes, or advertisements for scams.
J. Weapons and Explosives
Deals may not promote the sale or use of weapons, ammunition, or explosives.
IV. Ad Community Standards
Deals, or categories of Deals, that receive a significant amount of negative User feedback, or are otherwise deemed to violate our community standards, are prohibited and may be removed. In all cases, Kuhlab reserves the right in its sole discretion to determine whether particular content and/or Deals are in violation of our community standards.
A. Illegal Activity
Deals may not constitute, facilitate or promote illegal activity.
Deals may not insult, attack, harass, bully, threaten, demean or impersonate others.
C. Hate Speech
Deals may not contain "hate speech," whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
Kuhlab does not allow Users under the age of 13 to use the Kuhlab Service. Any Deals targeted to minors (anyone under the age of 18) must not promote products, services, or content that is inappropriate, illegal, or unsafe, or that exploits, misleads, or exerts undue pressure on the age groups targeted.
F. Shock Value
Deals may not portray excessive violence.
Deals may not include content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. If you believe that content within a Deal you see on the Kuhlab Service violates your own intellectual property rights, please report it to us straight away via firstname.lastname@example.org
V. Kuhlab References
Deals may not imply a Kuhlab endorsement or partnership of any kind, unless actually endorsed in writing or in written partnership agreement with Kuhlab. All other deals and landing pages may not use our copyrights or trademarks (including Kuhlab, the Kuhlab Logos, and Kuhlab Icons) or any confusingly similar marks, except as expressly permitted by our prior written permission. All such rights are expressly owned and reserved by us worldwide.
VI. Payment Terms
Our payment rates and terms, and the periods for which a Deal can run are clearly specified on the Kuhlab site for you to select. Once you have created your Deal, you will have a chance to preview how it will look on the service. You can then go back and make any adjustments necessary. When you are happy with how your Deal looks and have selected the amount of time you wish your deal to run for. Payment is then required in full, before the Deal is posted to the service. As soon as cleared payment has been taken the Deal is posted to the Kuhlab Service and will be on there for the duration of time selected. For example if the Deal was posted at 13:00 on Monday the 1st and the Deal duration was a week, it would run until 13:00 on Monday the 8th.
By paying for the Deal you acknowledge that you have previewed how your deal will look on the service and all the details you have given are correct. Any changes you wish to make to the Deal will be subject to an additional cost. We cannot offer refunds for any false information or mistake in the content given. We reserve the right to take down any Deals that contain false information.
The only time we will issue a full refund is if the Kuhlab Service is down for a period of time beyond the limits set out below (In term X). In this case a full refund will be given, or we will run the Deal again for the agreed amount of time, which was lost, without charging you a further fee.
(a) You shall ensure that Users have been informed of, and have given their consent to, such use, processing, and transfer of any personal data as may be required by all applicable data protection legislation.
(b) You will take appropriate technical and organisational measures against unauthorised or unlawful processing of any personal data from Users or its accidental loss, destruction or damage.
By paying for the deal to be published you confirm that you have obtained and paid for or will obtain and pay for all necessary licences, consents and permissions to create, develop and operate all content, Images and Deals in accordance with this Agreement. Kuhlab accept no liability for any breach of the above by you.
X. Site Availability
(a)We will use commercially reasonable endeavours to make the Kuhlab Site and the Kuhlab Service available 24 hours a day, seven days a week, except for:
(i) Planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
(ii) Unscheduled maintenance performed outside Normal Business Hours,
(b) Despite this, we:
(i) Do not warrant that your use of the Kuhlab Site and/or the Kuhlab Service will be uninterrupted or error-free; or that the Kuhlab Site and/or the Kuhlab Service will meet your requirements; and
(ii) Are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Kuhlab Site and/or the Kuhlab Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
(c) We shall back up all data provided by you and/or Users utilising the Kuhlab Site at least once in any 72 (seventy two) hours. In the event of any loss or damage to such data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of such data caused by any third party. You grant us a perpetual royalty-free, non-exclusive right and license to use reproduce, modify, publish, distribute, perform and transmit any such data to facilitate the use of the Kuhlab Site and the operation of your Deals in accordance with these Terms and Conditions.
You acknowledge and agree that we own all intellectual property rights in the Kuhlab Site and the Kuhlab Sevice. This Agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of Kuhlab Site and/or the Kuhlab Service.
(a) We may terminate the Term and any Deals immediately by written notice:
i. if you do not comply with a significant obligation under theseterms and Conditions; or
ii. if you stop doing business, or threaten to stop doing business.
iii. if you suffer a serious "Adverse Financial Event". A serious Adverse Financial Event means bankruptcy, liquidation, insolvency, or any of the following similar technical legal events;
- a composition with your creditors
- an assignment for the benefit of your creditors
- the appointment of a receiver or administrator or an administrative receiver.
- A winding up.
- Personal bankruptcy
(b) If we terminate the Term and/or any Deals this shall not affect any other remedies that we may have against you.
(c) We shall have no liability to you under these Terms and Conditions if we are prevented from or delayed in performing any obligations under these Terms and Conditions, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control. These include strikes, or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil disorder, malicious damage, compliance with any law or governmental order, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
(a) This Clause sets out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
(i) arising under or in connection with these Terms and Conditions;
(ii) in respect of any use made by you of the Kuhlab Site and/or the Kuhlab Service; and
(iii) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.
(b) Except as expressly and specifically provided in these Terms and Conditions:
(i) You assume sole responsibility for results obtained from the use of the Kuhlab Site and/or the Kuhlab Service and/or any Deals and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you by us in connection with the Kuhlab Site and/or the Kuhlab Service and/or any Deals;
(ii) All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions; and
(iii) Access to the Kuhlab Site and the Kuhlab Service are provided to you on an "as is" basis
(c) Nothing in these Terms and Conditions excludes our liability:
(i) For death or personal injury caused by our negligence; or
(ii) For fraud or fraudulent misrepresentation.
(d) Subject to (c) above, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, for any loss of profits, loss of business, loss of goodwill or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms and Conditions.
XIV Other Clauses
(a) If one of us or you wants to send a written notice to the other it must be sent by email to the following email addresses;
To us; email@example.com
To you; [the email address you give us when registering your Deal with us]
(b) We and you both agree that these Terms and Conditions will be interpreted according to English law and that any proceedings can only be brought in English Courts.
(c) Without limiting anything else in these Terms and Conditions, We reserve the right to reject, approve or remove any Deal for any reason, in our sole discretion, including Deals that negatively affect our relationship with our Users or that promote content, services, or activities, contrary to our competitive position, or interests.