PLEASE READ THIS ADVERTISING AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY HOTZIPPY LLC (“COMPANY”). BY PURCHASING THE SERVICES OFFERED BY THE COMPANY, AND/OR BY CLICKING A BUTTON, AND/OR INDICATING YOUR ACCEPTANCE, AND/OR BY SUBMITTING ANY FORM OF NOTIFICATION OR SOLICITATION FOR PROMOTIONAL ADVERTISEMENT THROUGH ANY MEANS YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT TO THESE TERMS AND CONDITIONS. THE TERM “ADVERTISER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR DO NOT HAVE AUTHORITY, DO NOT PROCEED WITH ANY PAYMENT, AND/OR DO NOT SUBMIT ANY ORDER FORM, AS YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY THE COMPANY. THE COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

The Web pages available at (HotZippy:  www.hotzippy.com), (HotZippyNet:  www.hotzippy.net), (HotZippy Support:  http://hotzippy.support), (Bargain eBook Hunter:  www.bargainebookhunter.com), (Pixelscroll:  www.pixelscroll.com), (Romance eBook Deals:  www.romanceebookdeals.com), (13 Horror Street:  www.13horrorstreet.com), and all linked pages unless indicated otherwise (collectively “Sites”), are operated by the Company, and are accessed by Advertiser under the following terms and conditions.

The Web pages available at (Bargain eBook Hunter - Facebook:  https://www.facebook.com/Bargain.eBook.Hunter, Pixelscroll – Facebook: https://www.facebook.com/Pixelscroll, Romance eBook Deals – Facebook: https://www.facebook.com/RomanceEbookDeals, and 13 Horror Street – Facebook: https://www.facebook.com/13horrorstreet), (Bargain eBook Hunter – Twitter:  https://twitter.com/@ebookhunter, Pixelscroll – Twitter: https://twitter.com/@pixelscroll, Romance eBook Deals – Twitter: https://twitter.com/romancedeals, and 13 Horror Street – Twitter: https://twitter.com/13HorrorStreet), (Pixelscroll – Google+: https://plus.google.com/104833437922819662471/posts, and Romance eBook Deals – Google+: https://plus.google.com/114555094563006896565/posts ), (Bargain eBook Hunter – Pinterest:   https://www.pinterest.com/bargainebookhun/, Pixelscroll – Pinterest: https://www.pinterest.com/pixelscroll/, Romance eBook Deals – Pinterest: https://www.pinterest.com/romancedeals/, and 13 Horror Street – Pinterest: https://www.pinterest.com/13horrorstreet/) and all linked pages unless indicated otherwise (collectively “Social Networks”), are the property of their respective social networking companies with content managed and maintained by the Company, and are accessed by Advertiser under the following terms and conditions.

 

1. DESCRIPTION OF SERVICES

The company sells Internet advertising space and related services (collectively “Services”) as described in HotZippyNet (http://hotzippy.net) and HotZippy Support (http://hotzippy.support) (collectively “Author Portal”) and Sites.  The Company displays Internet advertisements on various Sites, Social Networks and other Websites and various forms of electronic communications within the Company’s service.

2. GRANT OF LICENSE

Advertiser hereby grants Company the worldwide, non-exclusive, royalty-free (except as otherwise expressly provided herein) right and license to use, copy, reproduce, distribute and display, in any medium now known or hereafter developed, the advertisements and all related materials and metadata (collectively “Advertisements”) submitted by Advertiser to Company.

3. ADVERTISER RESPONSIBILITIES AND SUBMISSION REQUIREMENTS
1. Unless otherwise stated via previous agreement between Company and Advertiser, all Advertisements must be submitted to Company by appropriate means (ie; through the form submission tools, both paid and unpaid, found at http://hotzippy.net and http://support.hotzippy.net).  Advertiser agrees to use no other means of contact for the purpose of notification or solicitation to Company, Social Networks, Sites, any third party partners (“Affiliates”) or public or private communities (collectively “Communities”) maintained, owned, managed or linked to by Company.  The list of inappropriate means includes, but is not limited to, direct email to Company or its employees, Site or its employees, Company or Site form for Communities (“Contact Form”), any promotional contest or giveaway form, page or comment area, Social Networks page, post, contact or comment area.  Company is not responsible to Advertisers who use inappropriate means of contact and is under no obligation of any kind for Advertisements submitted by inappropriate means.  Company retains complete ownership of all materials, including digital text, which is inappropriately delivered.
2. Advertiser agrees to grant Company a minimum of 5 days to process, post and deliver Advertisement orders regardless of whether or not Company’s submission tools allow Advertiser to select a time less than 5 days.  If the 5 day expiration falls later than 7:00 AM EST, the Advertisement will be set to run on the next calendar day.
3. All Advertisements for Kindle Books must be accompanied by an accurate and active ASIN which is provided by Amazon Services LLC and assigned to each Kindle Book.
4. Advertisers will make every effort to correctly identify the genre of their Advertisement as befits the Site and its Social Networks, email or digitally posted newsletter, as well as any linked pages on which their Advertisement placement is scheduled to appear.  Advertiser shall not willingly modify or incorrectly choose an Advertisement’s primary genre as a means to run Advertisements on Sites not befitting the Advertisements actual genre, for example:  an Advertisement for a book labeled as science fiction and scheduled to run on Pixelscroll shall not be later labeled as a time-traveling romance book in order to gain access to Romance eBook Deals—the Advertisement is either a science fiction book with some possible romance elements or a romance book with some science fiction elements (time-traveling as noted in the example,) but cannot be both. All secondary genre elements should be made obvious in the book’s blurb or description.  Each Site has acceptable genre requirements and restrictions (see each site’s specific Submission Rules for more information).
5. Advertisers are responsible for the correct pricing of their books when their Advertisement is scheduled to be displayed.  Advertisers utilizing Amazon’s Countdown Deals should be especially aware of time zones regarding this requirement.  All Advertisements must be correctly priced no later than 7:00 AM EST on the day the Advertisement is scheduled to be displayed.  Failure to meet this requirement may result in the delay or removal of your Advertisement from that day’s scheduled displays.  If an Advertisement is scheduled to run on multiple days this requirement will need to be met for each day the Advertisement is scheduled to appear.  If the Advertiser experiences problems when attempting to schedule a price change with the book’s store, the Advertiser should contact Company through the Author Portal’s Support Ticketing Tool no later than 11:59 PM EST of the day prior to the scheduled Advertisement so that alternative scheduling can be arranged.  Any Advertisement for a book that changes to a higher price point earlier than the scheduled end of the Advertisement will be removed immediately and will not be restored regardless of how many days, if any, that may remain in the Advertisement’s submitted schedule.  Company does not offer full or pro-rated refunds for violations of this requirement.
6. Advertisers will make every effort to correctly identify the price of the book Advertisement as befits the Site and its Social Networks, email or digitally posted newsletter, as well as any linked pages on which their Advertisement placement is scheduled to appear.  Each site has acceptable book price requirements and restrictions (see each site’s specific Submission Rules for more information).
7. Advertisers will make every effort to correctly identify page count requirements of the book Advertisement as befits the Site and its Social Networks, email or digitally posted newsletter, as well as any linked pages on which their Advertisement placement is scheduled to appear.  Fiction titles have a minimum requirement of 32 pages. Nonfiction titles have a minimum requirement of 100 pages.
8. Paid Advertisements must be paid in full at the time of submission.  Company accepts PayPal® as a method of payment (PayPal account required) or all major credit cards via PayPal (no PayPal account required) for your convenience.  Advertisers should be aware that while PayPal allows e-checks as a form of payment, Company’s form processor, through which all Advertisements are submitted, will NOT process your order until the e-check payment clears—this means that Company’s scheduling department will have no record of your Advertisement request until the e-check is funded which can take anywhere between 7 and 14 days.  It is advised that Advertisers who use PayPal to issue payments via e-check to plan Advertisement dates accordingly.
9. Advertiser agrees to contact Company prior to initiating any payment dispute or chargeback and allow Company 15 days from Advertiser’s initial dispute contact with Company to investigate and provide a response to Advertiser.  If Company is unable to achieve a mutual resolution to the satisfaction of both Company and Advertiser and a chargeback is initiated, Company may or may not, in its sole discretion, voluntarily honor said chargeback.  If Company honors a chargeback that is against its will, the Advertiser will still owe Company the full cost of any charges refunded.  Advertiser will be billed for the full cost of charges refunded and will have up to 30 days to remit payment.  During the 30 days Advertiser will not be allowed to utilize any Company Sites or Services.  If payment is not remitted by Advertiser within 30 days, Advertiser’s ability to utilize any Company Sites or Services may be permanently revoked.  If Company chooses not to honor the chargeback, the Advertiser will still owe Company the full cost of any charges refunded as well as any financial penalties Company has received due to the chargeback.  Advertiser will have up to 15 days to remit the total amount due.  During the 15 days Advertiser will not be allowed to utilize any Company Sites or Services.  If payment is not remitted by Advertiser within 15 days, Advertiser’s ability to utilize any current or future Company Sites or Services WILL be permanently revoked.  Company may, at its sole discretion publicize or distribute facts of unresolved disputes between Company and Advertisers among companies and individuals that perform services similar to those provided by Company or to any interested party, publicly or privately as Company deems necessary to protect itself or others from but not limited to, financial harm, time-loss and labor protection, and reputation damage.  Company may, at its sole discretion, use any legal means available to seek reimbursement of any funds loss due to dispute chargebacks issued by payment processors on behalf of Advertiser, including but not limited to, civil lawsuits and collection agency engagement.
10. Advertiser, by submitting an Unpaid Advertisement to one or more Sites, agrees that Company makes no promises or guarantees of any nature and holds no obligation of any type and to any degree toward Advertiser or Advertisements that are unpaid and have not been upgraded (if any paid upgrade option is available via Company’s submission tools) or that Advertiser has in no way paid any form of monetary compensation in exchange for services.  Any requests for support from Company regarding Unpaid Advertisements may or may not receive assistance or response at the sole discretion of Company.  Any support that is received by Advertiser from Company shall be in no way held under any form of liability and these Advertiser Terms and Conditions shall serve to rule above any and all information, guidance, promises or exchanges of any kind originating from the submission of a support request.
11. Advertisers may not utilize 3^rd party tools that use Company’s forms or tools via computer automation (“Bots”) and understands that Company does not consider Bots to be legal entities and does not keep, acknowledge or otherwise respond to such contacts or submissions.  Advertiser agrees to provide honest information at all times when submitting Advertisements to or communicating with Company.  Advertiser agrees not to use disposable email addresses, such as, but not limited to services provided by dispostable (@dispostable), guerrillamail.com, mailinator.com, 10minuteemail.com, fakeinbox (@fakeinbox.com), getairmail.com or email forwarding services such as, but not limited to services offered by meltmail.com, easytrashmail.com, trashmail.net when submitting Advertisements to or communicating with Company.
12. Advertiser agrees to conduct all business exchanges with Company in a courteous, professional and reasonable manner as Company agrees to uphold the same manner.  Advertiser many not threaten, harass, insult or defame any Company or Site employee, Affiliates or Communities.  Advertiser understands that any threat of physical harm against Company or Site, Company or Site employees, Affiliates or Communities will be reported to the proper authorities and all communication between Company and Advertiser will immediately and permanently cease.  Advertiser understands that any attempt to harm Company’s reputation with its employees, Affiliates and Communities or other entities or if Advertiser threatens legal actions, all communications to that point will be forwarded to Company’s legal department and/or third party legal representation and unless recommended by legal counsel, all communication between Company and Advertiser will immediately cease.
13. Company reserves the right to refuse any Advertisements submitted for any reason, including but not limited to violations of requirements 3a thru 3g.  Company may or may not provide a reason for refusing an Advertisement at its sole discretion.  If an Advertisement is refused, Advertiser will receive a full refund of the Advertisement purchase price EXCEPT for Advertisements that are in violation of requirement 3e.  If an Advertisement is refused permanently, which Company will notate in both a memo accompanying a refund and an email sent to Advertiser from Company’s support address (support@hotzippy.net), Advertiser may not submit the Advertisement again at a later date.  Further attempts to submit a permanently refused Advertisement may, at Company’s sole discretion, be charged a maintenance fee of up to half of any submitted payment, to be taken from Advertiser’s refund.
14. Advertiser understands that Company is unable to deliver statistics for any Advertisement run and Advertiser will need to check sales dashboards, book sales ranking or other tools provided by the book’s store or other publisher tools at his or her disposal.  Advertiser understands that purchasing an Advertisement through Company in no way constitutes any form of warranty or guarantee that such an Advertisement will lead to any sales, change of book’s rank on any store or an increase in downloaded content—Company has no control over what its Communities choose to download or purchase.
15. Advertiser understands that the usage of the term “guaranteed” on any of Company’s Sites or other linked pages is a distinction between attributes of Unpaid versus Paid Advertisements.  For example, Unpaid Advertisements, if accepted by Company or Site’s editorial department, are unable to choose which date(s) the Advertisement will run.  Paid Advertisements, meeting all requirements, paid in full and accepted by Company or Site’s editorial department are promised to be promoted on the date(s) requested by the Advertiser or will be refunded—a money-back “guarantee.”  Unpaid Advertisements cannot be run if there are no open promotional slots available whereas Paid Advertisements, meeting all requirements, paid in full and accepted by Company or Site’s editorial department are “guaranteed” a slot.  The term “guaranteed” shall not be construed as a guarantee of book sales, book ranking or increase in downloaded content, nor as a guarantee of Advertisement approval.  All Advertisements are subject, but not limited to, requirements and approval of quality.  No Advertisement has guaranteed editorial approval.

4. COMPANY RESPONSIBILITIES
1. Company promises to run paid Advertisements on all Sites, email or digitally posted newsletter and Social Networks on the date(s) scheduled by the Advertiser providing the Advertisement has been paid in full, the Advertisement meets all requirements, the Advertisement meets Company or Site’s quality approval or the Advertisement is not refused for other reasons.
2. If Company, through error does not fulfill the promise of 4a, Company will, at its own expense conduct an investigation on the Advertiser’s behalf.  Company will notify Advertiser of the error, the cause of the error and provide a full refund of the entire Advertisement cost.  If the Advertisement still has remaining days, the Advertisement will continue to be displayed as though the full payment were still in effect (does not apply to Campaign Promotions.)
3. Company constructs book Advertisements to be separated by graphical borders so that each Advertisement is easily distinguishable from the next.  Each Advertisement will contain at least one image (Book Cover), a clearly readable book title and author line, a price point that will be noted as FREE, $0.00, $0.99, BARGAIN, $1.99, $2.99, $3.99, $4.99, $5.99, $6.99, $7.99 or higher depending upon the Site’s style and price requirements, an Amazon button linking to the book’s product page on amazon.com, an Amazon Smile button linking to the books, product page on smile.amazon.com, a product description of 300 words or 300 characters depending on the Site’s style and requirements, any necessary disclaimers or other requirements the Company may deem necessary to make the Advertisement more attractive to Communities or to protect itself legally or to ensure its ongoing Affiliations.  All of these items may be changed at any time, reorganized or removed without prior notice and at the sole discretion of the Company.
4. All product images and descriptions will be taken, as allowed by Amazon Affiliation and by Advertiser permission as declared in Section 2—Grant of License, from the Kindle Book’s Amazon product page.  At any time either Amazon Services LLC or Company may elect to dissolve this affiliation.  In the event of such a dissolution, Advertiser may be responsible for providing any Advertisement materials as needed.
5. All advertising designs are created utilizing HTML, HTML5, CSS, CSS3, PHP and other programming and design languages and are tested on multiple Web browsers and devices to ensure the best quality for our Advertisements.  Still, the Company can make no guarantee that the Advertisement design will look as intended on every Web browser, email reader software and/or device.
6. The Company chooses the timing and rotation of Advertisements portrayed on all Sites, email and digitally posted newsletters, Social Networks and all linked pages to best suit certain criteria such as, but not limited to, Site traffic, Communities activity and highest response rates and times.  The Company and Site staff comprise many years of trending, analyzing and promoting and are always hard at work identifying new ways to achieve your Advertisement’s highest exposure levels.  All Site postings will be live not later than 12 PM EST Monday through Friday but may be later on weekends to better match visitor trends.  Newsletters and Social Network postings may vary in times to achieve highest saturation.
7. Company promises to carry out its duties to the Advertiser faithfully, honestly and with the best quality, resources, tools and representatives available to us.
8. Company offers no refunds to Advertiser unless it has failed to perform its responsibilities as outlined in the entirety of Section 4—COMPANY REPSONSIBILITIES.

5. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

6. TERM AND TERMINATION

These terms will become effective and binding when you accept these Terms in accordance with the preamble above.  You do not need to inform us if you wish to stop using the Sites or Services.  We reserve the right to suspend and/or terminate your access to the Sites, your Account and the Services at any time without notice.  YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITES, YOUR ACCOUNT OR THE SERVICES.  Any limitations on liability that favor the Company will survive the termination of these Terms.

7. MISCELLANEOUS

Modification of Terms: 

We may change these Terms from time to time.  When changes are made, the Company will make a new copy of the Terms available at the Author Portal.  We will also update the “Last Updated” date at the bottom of the Terms.  Any changes to the Terms will become effective when posted on the Author Portal for new Advertisers, and will be effective thirty (30) days after posting notice of such changes on the Author Portal for existing Advertisers.  If you object to any such changes, your sole recourse will be to cease using the Sites and Services.  Otherwise your continued use of the Sites and/or Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.  In addition, certain features of the Services may be subject to additional terms of use such as, but not limited to, Site specific Submission Rules.  By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features.  In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

Modification to Services: 

We reserve the right to modify the Sites and/or Services at any time without notice.  If you object to any changes to the Sites and Services, your sole recourse will be to cease using them.  Continued use of the Sites or Services following the posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.  We also reserve the right to discontinue the Sites and/or Services at any time without notice.  We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Sites or the Services.

International Advertisers: 

The Sites and Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that the Company intends to announce such Services or Content in your country.  The Sites and Services are controlled and offered by the Company from its facilities in the United States of America.  Those who access or use the Sites or Services from other jurisdictions do so of their own volition and are responsible for compliance with local law.

Waiver: 

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability: 

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consumer Complaints: 

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement: 

The Terms are the final, complete and exclusive Agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Governing Law: 

You agree to comply with all laws, rules and regulations that apply to your use of the Sites and the Services.  These Terms will be subject to and construed in accordance with the laws of the State of North Carolina, excluding its rules regarding conflicts of law.  You consent to jurisdiction and venue exclusively in the State of North Carolina.  Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  If any provisions of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.  You agree that any claim or cause of action related to the Sites, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  These Terms constitute the entire Agreement between you and us with regard to the matters described above.

  Last Updated: May 26, 2016

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