Web Site Terms & Conditions, which governing service and use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms & Conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. At Registration, users may be required to agree to specific, itemized information other than agreeing to these Terms & Conditions specifically, but such itemized agreements serve as further clarification for the benefit of the user and customer expectations, are redundant at most, and these Terms & Conditions here contain full details of any such itemized agreements and shall supercede should there be any discrepancy.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on badAd.one's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on badAd.one's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by badAd.one at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on badAd.one's web site are provided "as is". badAd.one makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, badAd.one does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall badAd.one or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on badAd.one's Internet site, even if badAd.one or a badAd.one authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on badAd.one's web site could include technical, typographical, or photographic errors. badAd.one does not warrant that any of the materials on its web site are accurate, complete, or current. badAd.one may make changes to the materials contained on its web site at any time without notice. badAd.one does not, however, make any commitment to update the materials.

6. Links

badAd.one has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by badAd.one of the site. Use of any such linked web site is at the user's own risk.

7. Changes to These Terms & Conditions

badAd.one may revise these Terms & Conditions of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms & Conditions of use. We may collect email addresses to notify registered users of changes to these Terms, but such notifications are not guaranteed every time a change is made to these Terms & Conditions and any changes without such notice will be equally binding. These Terms & Conditions remain published for viewing at any time, for the purpose of being the primary and only binding method of informing users, whether registered or unregistered, of the current Terms & Conditions in effect.

8. Cookies

This website uses two types of cookies: "session" and "persistent". Session cookies are used for filters in viewing ads, such as Tags, Selling, Want, Agent, Normal vs Business, and any search terms related or unrelated. Session cookies are also used for processing submitted forms such as logging in, creating an ad, viewing order history and stats (also known as statistics), making changes to user settings, et cetera. Persistent cookies are used for the sole purpose of keeping a user logged in. These session cookes are considered "strictly necessary" for the basic function of the website by GDPR. The persistent cookies require user acceptance in the checkbox in the login form. By checking this box, the user accepts these persistent cookies. The only information stored in these persistent cookies are random characters that can be used to lookup the user in the website database, no specific user information itself is stored in these cookies, not even the user ID. These persistent cookies are set to automatically expire after 30 days.

9. Governing Law

Any claim relating to badAd.one's web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

10. Discounts, Credits, Promotions, and Other Special Offers

badAd.one may retain any coupon code, referral code, or other discount codes used in promotions, credits, and other such special offers. When a new user signs up with a referral from another user, information concerning which user referred the referred user may also be retained.

11. All Sales Are Final, No Refunds Under Any Circumstances

badAd.one will not refund any sales for any purpose. Customers have opportunity to preview an advertisement thoroughly before purchasing and any errors or changes can and must be made prior to purchase. Once purchases, an advertisement can be pulled from advertising, which also may be referred to as making the ad "dead" or "killed", but changes cannot be made after an advertisement is purchased. Even if an advertisement is pulled, or "killed" or made "dead", this shall not imply any obligation of a refund, no matter the time the ad was purchased for. The purpose of pulling an ad is to offer a service to customers once an ad has become irrelevant or otherwise no longer needs to remain published, such as if a job has been filled or an item has been sold, not connected with any ad purchasing monies.

12. Tags May Change

Tags are managed by badAd.one for the purposes of 1. identifying overlapping relevance among ads in searches or other indexing and 2. consolidating multiple tags into a single tag so as to have no more tags than necessary, such as combining singular and plural spellings of the same word into one tag among other variances that carry little-to-no meaningful difference. Upon review, some tags chosen at purchase may be removed, replaced, have a change of spelling, and other tags may be added. Users who purchase an ad understand that, while we encourage tags to be added in an order so we can understand our customers better, we will change and manage tage according to these purposes.

13. Truthfulness & Honesty

The user who purchases an advertisement at badAd.one is solely responsible for truthfulness, honesty, and legality of products, services, needs, or any other claims or information advertised in said ad. This extends to include any implications that may be led to as a result of the ad. If you purchase an ad, you are this responsible person. If you follow up on or click on an ad or otherwise pursue information and destinations an ad may lead to, the advertiser is solely responsible for the truthfulness and accuracy of any information you may receive and you would be solely responsible for verifying and confirming any such truthfulness and/or accuracy. badAd.one is in no way responsible concerning any such truthfulness and/or accuracy and/or legality relating to advertised content on badAd.one or implications thereof. By using this site and its services, you agree that badAd.one will bear no responsibility concerning these things whatsoever.

14. Advertising Partners

Ads from badAd.one may appear in/on "partner" websites, apps, podcasts, et cetera. Partner websites, apps, podcasts, et cetera may be referred to as partner "outlets" or "venues". These partners have a separate payout and profit sharing agreement with badAd.one. A user may purchase an ad on badAd.one, then that ad may or may not appear on partner outlets. Whether and how often a purchased ad may appear on a partner outlets has no relationship to the price of an ad. A user will pay the same price for an ad regardless of appearance on partner outlets. Purchasing an ad is no guarantee that it will or will not appear on partner outlets. Advertising "partner(s)" may rever to either the entity or person(s) responsible for or connected with a website, app, or podcast where ads may appear, or advertising "partner(s)" may refer to the website, app, or podcast itself, the meaning of which should be determined by simple context, for the purpose of understanding, but not so as to indict or incriminate.

15. Privacy & Information

These Terms & Conditions both govern and include our Privacy statement, which is equally agreed to as part of these Terms & Conditions. Changes may be made to the Privacy statement, but you may or may not be informed of this only in that a change was made to the Terms & Conditions. Emails will be used for correspondence as well as to uniquely identify the account, such as for order history, on invoices, reference to a taxpayer entity, et cetera. If a user optionally chooses to subscribe to newsletters or mailing lists, the user's email will be so included and will receive said newsletters accordingly until the user chooses to unsubscribe to the aforementioned. We may keep track of the userid of the user who referred a referred user during our beta referral program period. However, we will not release this information because then the identity of one user would be revealed and/or confirmed to another user, even if on the mere basis of signing up or another so referred user signing up, moreover waiver is not granted nor solicited from said involved users for revealing said user information on this basis. While this information is recorded, if analyzed it would be analyzed anonymously so that there is no confirmation of which user was referred by who in any published information. The recorded connection is merely by database row keys, not any information that could otherwise be used to identify said users. It is the users' sole responsibility to keep track of who any referral link was obtained from at signup and sharing such an aforementioned referral link (and perhaps referred to later herein) includes agreeing that the referring users shall not gain access to nor receive confirmation of which user(s) signup utilizing said referral link. Said referral data may be gathered, anonymized, aggregated, analyzed, and any of these purged from time to time without notice. In compliance to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and other such privacy law, all private user information we retain may be easily viewed by logging in and seeing what information is available in areas and/or web pages such as, but not necessarily limited to, Account Information, the Partner Center, Order History, and Stats for ads and Partner projects. In addition, more detailed information not useful to most consumers is also available wherever such aforementioned pages may include a clickable link to "Download rax XML..." pertaining to information. These "raw XML" files are useful for anyone with a background in datascience and can be read by simple text editors even for normal consumers. They can be found in pages/areas such as, but not necessarily limited to, ad Stats, Partner project Stats, and Order History. To the best of our knowledge, there is no other private information we intentionally retain. All email correspondence is preserved in our correspondence records, primarily for forensic and audit purposes. All payment information, for ads purchased or for payout of Partner project sites, is retained in our records for the same purposes and is included in email we send to the user (also konwn as the consumer). Once an email has been sent to the consumer (also known as the email recipient), we do not provide the same email or payment information to the consumer again from our aforementioned records. It is the responsibility of the user and/or email recipient to retain any email correspondence that may be considered important. If a consumer requests to obtain any emails or payment information we may retain in our aforementioned records, the minimal fee is $1,000 plus tech support time spent to obtain and deliver said requested content, and any such request can only be made in person. Emails in our aforementioned correspondence records do not differ from those already sent to said email recipient. All private information we may retain pertaining to a user's account, including Order History and any stats for business ads or Partner project sites, is available to users free of charge, as already described. However, should a user desire to delete the user's account or partner account, it is advisable to obtain this information before deleting said user's account or said user's partner account. Requests for any such information we may retain after an account is deleted incurs a minimum fee of $1,000 USD, plus tech support time spent obtaining the data and any such requests can only be made in person.

16. What an Advertisement Is

Users who advertise and partners who include advertisements (ads) are responsible to know the nature of advertising. This includes, but is not limited to, the premise that information within an ad will be seen by other people and that badAd.one will not be responsible to limit the nature, time, or availability of where said advertisements and related information of those ads may be seen by others. Running an ad means that people will see it in many places, which is part of achieving the goal in advertising and is not contrary to the goal of advertising. Advertisements may include text ads, which are delivered electronically to affiliates and their blogs, websites, mobile or desktop applications, et cetera. Advertisements may also include podcast ads, which are submitted to badAd.one with an approved manuscript and delivered digitally in the form of both a related text ad and audio for the purpose of appearing alongside other podcast episodes in a given podcast feed. Advertisers do not have control over which "partner" (described herein) may render these digitally delivered ads, whether text or podcast or otherwise. However, advertisers have control over the category selected upon ad purchse. These categories may also align with optional categories which text ad and podcast ad partners may use to filter ads they render. No copyright claims can be made for any advertising content submitted to badAd.one for advertising as a result of appearing in ads delivered through badAd.one or its affiliates, whether as podcast ads, text ads, or otherwise.

17. Partner Agreements

A "Partner" agrees to an additional nature of the relationship to badAd.one, thereby allowing access and permissions to tools for monetizing a venue by placing ads on said venue. Partners must agree to receive payment-related correspondence through any email address provided, whether for the user account or a PayPal payout email address. Further information may be required before payments can be processed, such as if legal requirements obligate us to colled information or verification of taxpayer information. If needed, payout will not be made to said payout partner until further information is collected according to any applicable law, and email addresses, whether for payout or user account information, are agreed to by the user/Partner as the first and possibly only means of communication for collecting such needed information. If such further information is needed, communication by way of email address(es) provided by the user/Partner fail, payout will be delayed and, if a significant amount of time elapses and numerous attempts to communicate fail for a period of three years and no less than 20 attempts to communicate for said purposes, then the user/Partner may forfeit any earnings or monies owed. Furthermore, upon becoming a Partner, agreement to the following statements are required and implicit in agreeing to these terms, regardless of any additional acknowledgement of these which may be required upon initiating the procedure of becoming a Partner:

19. Statistics

Statistics data (often referred to as stats) is available for all ads and for Partner projects. Graphic representations of ad stats may only be available on the venue for business ads. All data we retain for any stats can be downloaded by a logged-in user via "raw XML". These statistics are not guaranteed for perfect accuracy and may vary. Graphic representations of any statistics are not guarenteed to be graphically accurate. All statistics, numbers, views, clicks, downloads, shares, and other statistical data, et cetera are provided for curiosity and as estimations. However, these remain subject to change and shall in no way be considered legally binding.

20. Abuse and Unacceptable Content

Generally, our abuse policy attempts to align itself with applicable law and quality for the six purposes of 1. not putting someone in danger, 2. preventing defamation, 3. avoiding politics and religion, 4. avoiding fundraising, 5. avoiding image promotion, 6. preventing false advertising, 7 sexual or explicit content no appropriate for minors. In this, we generally have six categories for "banned content" that may be removed at our own discretion without a court order:

The interpretation of these is at our sole discretion. Ads we determin in our sole discretion to be in violation of these aforementioned "banned content" categories will be removed without refund or notice. To clarify, the following are acceptable: crowdfunding, specific books or periodicals of a political nature, getting help for a lawsuit or as the victim of a hostile takeover, under "Scholarship & Campus": academic scholarship funds or building funds for college campuses, schools, hospitals, orphanages, non-profit retreat centers, and government projects (these may be religiously-owned, but weekly religious gathering centers not allowed, such as a church building or mosque), specific political campaigns aligned with a specific party (the advertiser must be from the party or group and identify which political party or PAC it is aligned with under the trade name via business ad), specific religious conferences alighed with a religion (defined in the section on religion, the advertiser must truthfully identify with religion somewhere in the content of the ad), advertising a specific petition such as on change.org, seemingly-politically-inclined organizations such as the ACLU or National Right to Life may run ads for a specific case under "Petitions & Cause" if they indicate their name accurately in the trade name via business ad and do not attempt to mask their identity such as via holding company or via puppet subsidiary or via third party.

21. Religion: Bookstores & Retreat Centers Only

We do not accept advertisements of any religious nature, whether religious items for sale, religious gatherings, or a religion itself. The only exceptions for religion are religious bookstores and religious retreat centers (such as a camp), which must identify itself by its overarching religion, such as "Christian Bookstore" or "Buddhist Bookstore". Islam, Buddhism, Taoism, Judaism, and Christianity have many sects that can simply be identified by these aforementioned terms, the specific sect is optional, such as "Islam Sunni" or "Sunni Islam", "Christian Baptist" or "Baptist Christian". A religion is considered Islam if its only sacred text is regarded to be the Karan. A religion is considered to be Christian if its only sacred text includes the 66 books of the Old and New Testament and possibly what is often known as the Catholic Apocrypha. A religion is considered to be Jewish if its only sacred text includes no more than the traditional Torah (usually including Torah, Tehillim, Megillah, Mishnah, Talmud, Zohar, Mishneh Torah, Shulchan Aruch, Siddur, and Tanya). Teachings of the Kabbalah could be listed as "Jewish Mysticism", but not any form of "Judaism", "Jewish Bookstore", or the like. Christian Science, Scientology, Church of Jesus Christ of Latter Day Saints (also known as LDS or Mormons), Jehovah's Witnesses, Unification Church (also known as Moonies), and others that hold text to be sacred beyond the aforementiond definition of "Christian" may not list themselves as "Christian" in any way. Additional, non-sacred teachings are not considered in the definition of a religion. For example, a religion that believes in what some Christians call "Modalism" is considered "Christian" if its sacred text is limited to the aforementioned definition for "Christian". These Terms and Conditions only and always apply religious bookstores and retreat centers. Should an advertiser miserpresent which religion it is a part of, legal action may be taken or assisted against the advertiser for any and all relating damages to the fullest extent allowable under law, including false advertising.

22. Duplicates

Duplicate ads are prohibited under the guidance of maintaining quality. Duplicates will be removed without refund or notice. However, for the purpose of helping an advertiser maintain a large presence in the advertising sphere, there are actions that can be taken to the advertiser's benefit. The differentiating line is thin, but understandable. A "duplicate" uses an identical "Heading" or web address destination (URL) for the "Contact" link for another ad within the same subcategory. If we discover multiple ads, each with a different "Contact" URL, but that forard to the same web address or addresses that use characters in the destination URL to produce a different address in a browser's address bar, but to a page with 85% identical content (this also may be known as ghosting), the ad is considered a duplicate. If an advertiser desires to promote more ads for the same brand, different appropriate subcategories may be used for multiple ads having the identical "Contact" URL or different "product categories" or "products" or something along those lines may be used to make the "Contact" URL unique.

23. Developer API and Trust as an Advertising Service

Developers must be truthful about the domain they use API keys for. While a Developer's app may contain ads anywhere in the Developer's app, whether a web app or a client, advertisements may not be included in "push notifications", such as, but not limited to, desktop popup notifications, "alerts" in a browser, "popup windows", or "push notifications" that appear along side notifications in a mobile device operating system such as Android, iOS, Windows Phone, Ubuntu Touch, et cetera. Any developer app used on a domain different from the one provided by the developer may be revoked immediately and without notice, and legal action may be taken against the owners and/or developers of any developer app found using aforementioned "push notifications" to embed ads, which may include, but not be not limited to, the grounds of damaging brand image and trust. While a Developer may hide the hr tag to hide the horizantal lines only, you will hide no other content of an ad embed and you must maintain the same font size for the entire ad embed, which must be easily readible size to the normal visitors of the website or venue you are styling, based on a comparison to the font size and style of the website's or venue's main content. badAd.one is not responsible for how ads may be used via our API nor how any ads may be rendered when CSS has been modified, but these shall be the sole responsibility of the Developer, who makes such modifications. While we do not retain a history of the "Callback URL" setting associated with a "Developer App", we do retain which Callback URL was used when a "Partner Project" used our API to "connect" to a Developer App, which is available in the respective Partner Project XML download. Which Partner Projects connected to which specific Developer Apps callback url, "custom" or native, is not information provided to Developers for privace reasons.

24. Quality

We may review ads for quality use of language, including, but not limited to: rudeness or abuse, passive aggression (including, but not limited to, punishing or punitive behavior toward the reader(s) for not making a shared assumption), "native language" use of said ad's language, confusion, insinuation, grossly wrong use of grammar and syntax (such as a double comma, period, or apostrophe, double articles, double letters or misplaced spaces or punctuation that would reasonably appear as either a typographical or "beginner" error to the reader, et cetera). Perfect grammar is, of course, not required in any ad. However, should an ad include grammar or spelling alternatives that, in the opinion of badAd and/or its staff, fall outside the scope of "normal mistakes" and/or "normal business-oriented alternate spelling and grammar", thereby in said opinion creating confusion, distraction, and/or distrust among the general public in the viability of badAd as an advertising/communication platform, said ad may be removed without refund. Such ads to be so removed are such that may, in the opinion of badAd and/or its staff, seem confusing, that use a different language, that mix languages, or that use a terms, grammar, words, syntax, or other related use of language not established in century-tested and widely distributed literature and/or recommended by accredited English style and/or grammar standards, namely where English standards from Oxford, Cambridge, AP, and University of Chicago agree on said use. If the language of your ad is not your native language, it is your responsibility to ensure that the ad uses native-speaker standards. Quality faults or shortcoming that do not meet these standards are determined by the sole opinion of badAd and/or its staff and may result in an ad being removed without refund or notice. These terms may not apply as as extensively to the business name used in business ads.

25. Falsification

As an advertising Partner or a Developer, you agree not to engage in any activity that would increase the view cound of ad embeds that would increase payout in any way connected to the number of ads viewed on a partner site. You agree not to, whether through "bots" or manually, initiate clicks on Contact links nor refresh web pages where ads are embedded in such a way as to "artificially" increase statistics, hit counts, ad views, Contact clicks, or payout amounts to Partners. As with any breach of these Terms herein, manipulating statistics in the aforementioned manner could result in account removal, banning from obtaining future accounts, forfeiture of any ads or services, including, but not limited to, purchased advertisements, Partner accounts, or Developer keys.

26. Developers

Third party Developers and their softeare who create and utilize Developer Keys in the Developer Center are solely responsible for their own software. Websites and/or apps where ads may be embedded are not the responsibility of badAd.one and neither the presence of our Embed Code nor content embedded via our API shall imply any review, support, agreement, or responsibility on behalf of badAd.one whatsoever, but responsibility shall remain that of the aforementioned third party software Developers and/or website/app/podcast/venue developers.

27. Published Data, Figures, and Research

We may use statistical and other data anonymously to analyze social behavior, however this will always be done in such a way that no connection at all could be linked to any user. This is not using so-called "meta data" collecting on a known user, linked to that known user. Any data analysis we perform will be done after anonymizing and otherwise obscuring user data, leaving no trace to study or evaluate original users. We may publish or sell our findings for marketing research purposes, but only in a fully anonymous and obscure manner with no tracking or connection to original users. There is not even anonymous tracking of users who are not logged into the site, nor of how a logged-in user may browse ads or other content on our website. We only track how ads themselves are interacted with. Any published information we have on total ad views or ad totals or average views or total ads, et cetera is not guaranteed for perfect accuracy, but is an approximation based on some factors of calculation. For example, some ads may be counted as having "run", but may have since expired or been "killed" by the advertiser. The definition of a "week", a "view", or a "run", may be in question as well as other factors, data, and terms. This includes, but is not necessarily limited to, such aforementioned similar figures published in the footer of the website.

28. Notice on Hackers and Malicious Use and IP Addresses

We record the IP address from which may originate any attempt to access the website in a way not designed by the user interface or by our API instructions and implied Regex requirements as demonstrated. Should we obtain an IP address under these circumstances, it may be collected with other metadata and/or data and retained. These IP addresses we will not be released except directly to local police or proper authorities for reporting a crime. If you believe or are otherwise curious whether we have obtained your IP address in such manner, you may make a request in writing that includes said IP address and, if said IP is found in our records, we will file a police report with the information we have concerning any means by which we obtained it for their consideration for prosecution, including information you provide in writing in the report. If the police decide, then they will contact you. This is the only means by which we will release an IP address so obtained, whether in accordance with the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), or other such privacy law or request. IP addresses so obtained will only be used for these purposes and will not be disclosed in any other manner. We also will file such a said police report or similar should we deem the nature of the action in connection to a so-obtained IP address to have been malicious in nature and this may be without notifying the user.

29. Uptime and server reliability

The software support and development team behind badAd.one and its website and web resources will make every good will effort to honestly and ethically keep the site running, however uptime is not guaranteed. Should badAd.one receive an attack or due to some other circumstance, scheduled or otherwise, the servers experience a lapse in reliability, badAd.one will only be responsible inasmuch as making a good will effort within its area of expertise to maintain server stability and uptime. However, if uptime, stability, or security not be maintained within this good will effort, badAd.one will not be responsible for any losses of profit sharing or payout, such as in the event that the server is compromized and must be restored to a previous state and ad clicks and other counts be lost for said time period, or the server merely go down for a period of time with such similar losses of telemetry statistical reporting. Likewise, should any "hacking" or "back door" access or dishonest or illegal activity make access to the site or server in a manner the login system was not intended for, and if personal information is brieched, badAd.one will not be responsible beyond contacting authorities and facilitating a criminal investigation; such situations will be regarded as "hostile-outside" lapses in server reliability. Should the aforementioned server become unreliable, whether for system software reasons or for hostile-outside reasons, badAd.one will only be considered responsible if malace or willfull neglect can be established, and at that only the specificl individuals would be seen responsible, not the brand, it's corporate body, nor holding entities merely on account of association. For these reasons, customers and partners should make every effort to give only personal information that is not essential for other matters, should such a compromise occur, and not to expect that all profit sharing nor statistics would occur or be otherwise available in the future.

30. 'Beta' Program

Users who sign up during the "beta" period may lose everything, including purchased ads and owed payouts. While badAd.one agrees to make a good will effort to ensure the preservation any purchases or payouts that may be earned, there are no such guarentees for either normal users or Partners who signup and/or do activities of this website's service during a "beta" period. While a "beta boot" may be associated with an ad claiming extra weeks at checkout, this boot time is not guaranteed in any way.