BITMEDIA LTD Terms and Conditions

1. Terms and definitions

1.1These Terms constitute a legally binding agreement between you and the Bitmedia platform. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by Bitmedia to Publishers (hereinafter – referred as “Publishers” or “Users”).

1.2By accessing the Website or ticking the "I agree to the Terms and Conditions and Privacy Policy" checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, and other legally binding documents publicly available on the Website.

1.3You cannot use the Website if you have not read, understood, and accepted all the provisions of these Terms.

2. Description of the Services and joining the Services

2.1The Bitmedia website is an advertising network focused on connecting Advertisers and Publishers through such services globally. The Services provided by Bitmedia through the Website allow Publishers to market advertising space on websites owned and/or managed by them by selling such services to Bitmedia.

2.2Bitmedia offers Publishers the possibility to monetize their audience of the Publishers and provide Advertisers with the facilities to place on the Publishers' websites advertisement creatives and promoted content (press releases and various articles).

2.3In order to have access to the Services, you have to create a User account on the Bitmedia Platform following the steps communicated by Bitmedia.

2.4Upon registration, the User has to provide all the requested information in the registration form available on the Website and to confirm the email address in order for the User account to be created.

2.5The confirmation that the email address used to create the account belongs to you will be done by Bitmedia verification team.

2.6Any changes to the data regarding the User (Advertiser) account, billing address, email address used to log in, etc., will be made through the user profile.

2.7Bitmedia reserves the right to verify the information provided by the User upon registration and also to request supporting documents if any third parties (such as, without limitation to, state authorities, banks, and payment processors) so request for grounded reasons.

2.8All details and information provided by the Publisher shall be correct. If the information provided during the creation of the user account changes subsequently, the User is obliged to promptly update the respective information contained in the User's account.

2.9All services provided to Publishers and implemented on the Website are subject to this set of Terms and Conditions, unless they have specific terms and conditions that will be formulated on case-by case basis.

2.10By creating a User Account on the Bitmedia platform, the User's access to the Services provided by the Company is ensured. The account becomes functional after the User is approved as a Publisher. Moreover, the User account shall keep a record of all the amounts owed by Bitmedia to the Publishers for the Services provided by them under this T&C. For the avoidance of any doubt, the information on the value of such amounts is reflected in the User account for information purposes only, providing the Publisher with a record of the amounts owed by the Company. Depending on the operations made by the User, the information in the User account shall be appropriately updated. To avoid doubt, the User account record the amount of funds earned from monetization and does not allow the execution of any transfers or other operations in relation to them to third parties.

2.11By creating an account, the Publisher expressly declares and warrants that:

• the Website is used for the specific purposes of its commercial activity which it is authorized to carry out;
• All information provided is complete, true, and accurate;
• Understands and agrees that certain Services may be governed by specific rules in addition to the provisions of the Terms and Conditions. Any such rules will be published separately;
• Understands that they are solely responsible for the security of the account and account password and will not allow other persons to access the account. Any breach or suspicion of breach of security of the User's account must be reported immediately to Bitmedia. Bitmedia will not be held liable for any damage caused as a result of the breach of account security due to the conduct of the User or any person accessing and/or using the User account, including but not limited to situations when: computer systems used are infected with viruses or other malware, or the device on which the User is logged in is accessed by anyone else, or the security of the email account associated with the User's account is in any way compromised.

2.12Bitmedia reserves the right to delete user accounts that have been inactive for a period of 6 (six) months according to Clause 5.8.

2.13Without a valid and confirmed email address, the User account cannot function optimally. Confirmation of the email address also prevents unauthorized persons from using the email address.

2.14Users shall not use automated means of traffic generation, including scripts, robot, bot, spider, crawler and/or any computer applications/programs that may deceive or simulate certain activities or statuses on the website, or, in any way, exploit certain functions or vulnerabilities of the Website in order to obtain advantages, for themselves or for other Users, regarding the use of the Services offered through the Website.

2.15Bitmedia reserves the right to restrict or exclude Users' access to the Website, as well as to delete or restrict the user account, within the limits of the law, if it considers that based on the User's conduct or activity, access and existence of the account may harm in any way Bitmedia or other Users.

3. Acceptance and Eligibility of Publishers

3.1Bitmedia checks if Publishers’ websites are eligible for hosting its advertising formats. As it is a crypto advertising network, Bitmedia reserves the right to accept Publishers that own only cryptocurrency and finance-related websites. The Company does not accept any form of advertisement that can hurt or is inappropriate for the general audience in particular content provided by the Publishers on their websites for the purposes of this T&C.

3.2Publishers shall respect the following conditions regarding the placement of the advertising and website traffic:

3.3Banners must be placed in high-visibility zones from the start of scrolling of the page (e.g. above the fold). Publishers are not allowed to hide or distort a banner in any way, shape, or form;

3.4Banners must be placed alone in the selected position. Placing other banners together with Bitmedia's banners is forbidden;

3.5Publishers are not allowed to display more than three banners at the same time per scroll (this also includes the header and the sticky banners);

3.6Publishers are not allowed to display a banner on a different website than the one it was approved for (e.g. if a banner was approved for websiteX.com, you are only allowed to display it on websiteX.com);

3.7Publishers are not allowed to purchase any type of traffic from other sources (advertising networks or other websites) to send it to our Advertisers' websites through their banners;

3.8Publishers are not allowed to auto-refresh their website to increase the impressions of the banners they display;

3.9Publishers are not allowed to generate clicks and facilitate to click banners for their users artificially;

3.10Publishers are not allowed to generate artificial traffic or use unethical methods to generate income (this includes, but is not limited to: autosurfs, iframes, bots, proxies, auto-hit services, traffic exchange systems);

3.11If the Publisher's website changes its content so that it may violate the above provisions, the Publisher is obliged to immediately notify these changes to Bitmedia via email. If after the verifications Bitmedia comes to the conclusion that the modifications violate the present Terms and Conditions, Bitmedia has the right to block the Publisher account.

3.12Websites that have been accepted by Bitmedia have to respect the provisions of these Terms and Conditions for the entire period of validity of the Agreement. Bitmedia reserves the right to amend or modify the Website acceptance policy based on its internal and international rules, subject to communicating such to the Users as per the present Terms and Conditions.

4. Advertising exposure

4.1Publishers are obliged to expose the banners and/or press releases on their websites as long as the contractual relationship with Bitmedia still exists. If a Publisher wants to delete a sponsored article delivered to his website through the Bitmedia Platform, he is required to immediately notify Bitmedia of this intention as well as the justification.

4.2If the Publisher does not provide a valid reason for deleting the article, he will be required to fully refund the cost of the said article to Bitmedia. Valid justifications for article deletion include, but are not limited to:

• The Advertiser's project was proven to be a scam;
• The Advertiser's project is no longer active;
• The Advertiser changed his domain of activity, and the content is no longer reflecting the current activity of the Advertiser;

4.3The Publisher will present to Bitmedia the justification for deleting the article with concrete evidence that attests to the fraud, the inactivity of the project, the change of the Advertiser's domain of activity, or any other circumstance that would make the article unsuitable for the promotion of the Advertiser.

4.4If the Publisher does not refund the cost of the deleted article, his account(s) on the Bitmedia Platform will be blocked and he will remain liable towards Bitmedia to fully cover any damages the latter may have due to such situation.

5. Fees and Referrals

5.1Under these Terms and Conditions, Publishers may earn money from Bitmedia each time a user views or clicks on a banner placed on their websites, within the limit of the available campaigns. There is no limit on the number of websites a Publisher can deliver ads on, provided that these websites were approved by Bitmedia.

5.2The remuneration of the Publisher shall be paid in cryptocurrency (including but not limited to bitcoin).

5.3The fee for displaying Advertisers' ads is based on the type of services offered by the Publisher (i.e. for each click or impression for the placement of users’ advertisement on website). The amount of the relevant advertising services fee will be determined based on the statistical data gathered by our reporting system only.

5.4Bitmedia pays remuneration for serving ads through a pending account, where the funds remain not less than seven days. Bitmedia may change the abovementioned period unilaterally. In order to avoid traffic fraud, funds shall be paid to a pending account, and upon the expiration of 7 days from the date of enrolment, funds are transferred to Publisher’s main account.

5.5Bitmedia may request access to your Google Analytics account or other programs/instruments whereby traffic authenticity may be proved, in order to verify the quality and authenticity of your traffic, if Bitmedia has reasons to believe your data is fraudulent.

5.6Publishers' earned fees according to the statistical data will be recorded in their user account immediately for information purposes. Publishers fully acknowledge the correctness of the statistical data in Bitmedia's reports, which shall prevail in the event of a dispute regarding the measurement of all impressions.

5.7The Publisher is prohibited to send requests to visitors of his site and ask to click certain advertisements. The failure to comply with this rule will be considered by the Administration as traffic fraud.

5.8All funded accounts that have been inactive for up to 6 months will lose access to their funds. If the account remains inactive it will be permanently deactivated and the funds will be written off with no refund.

5.9All matters regarding the withdrawal of funds from the platform may be considered by Bitmedia on the case-by-case basis.

5.10If at the end of the validity of the Agreement, including the termination at the Publisher's initiative, there are amounts which have still not been paid to the Publisher, as per the records in the user account, related to advertising services which have been provided but not invoiced, the Publisher can request their payment. Payment will be made within 30 days of termination of the Agreement, provided that the amount to be paid to the Publisher meets the minimum threshold of USD 100. Unless the Publisher breaches the rules set in Clause 4.2 or any other rules and requirements set with regard to the eligibility of the Publishers under this T&C.

5.11However, if the Agreement has been terminated due to the violation of its provisions by the Publisher, Bitmedia shall be entitled to fine the Publisher on the amount of the unbilled amount as a contractual penalty.

5.12Bitmedia reserves the right to make adjustments to the amounts payable to the Publishers (the value of which is recorded for informative purposes in the user account as well) in one of the following cases: (a) deduct payment and/or transaction fees; (b) as a consequence of the fraudulent activity of a Publisher; (c) as a consequence of Advertiser's complaints or refunds made to Advertisers; (d) due to technical reasons, and any other justified cases.

5.13Publishers must keep their user accounts active. If a Publisher hasn't logged during 6 months, Bitmedia may deem the user account inactive. In such case, Bitmedia will permanently delete the account, with no way of receiving the amounts in consideration for the services provided and not yet invoiced, as such are recorded in the user account, upon expiry of the 6 months term. Bitmedia will email the Publisher with regard to long-term inactivity upon deletion and any other specific changes in conditions of the cooperation with the Publisher. Bitmedia shall inform the Publisher of changes in conditions of cooperation nor later than 30 calendar days.

5.14Under these Terms and Conditions, Publishers expressly agree that Bitmedia shall issue self-billed invoices from the date of acceptance of these Terms and Conditions. Publishers agree to not issue separate invoices for the transactions covered by the self- billed invoices.

5.15Referral program

5.16The paragraphs below are aimed to define the process of providing the User with the rights of enjoyment and gaining profit from participation in the referral program.

5.17In terms of referral programm the following is explained:

• Referrer – is the User participating in the referral program and receiving remuneration for engagement of every new User;
• Referral – a new User, engaged by a Referrer;

5.18Every user is entitled to participate in the referral program.

5.19Each user is provided with a special link indicating its unique ID. All new (unregistered in the system before following the link) Users who used the offered link and went to the website, will automatically be marked with a (referral) cookie-record, which will remain active for 30 days.

5.20Newly registered users of the website are checked whether they have the referral cookie-record. If the new Users were invited by the referral (one of the valid users of Bitmedia), they automatically become an indefinite referrer of this User.

5.21The users will always be provided with an access to his referral statistics, which includes: the number of clicks on one’s referral link, the number of registrations and revenue. The user has the access to the statistics on the page of the referral program inside his account.

5.22The remuneration to the referrals shall be paid either from the earnings of the publishers or from the deposites of the advertisers referred by the party to a referral program.

5.23The user (referrer) receives the remuneration in accordance with the number of new invited users (referrals) and the up-to-date conditions of the referral program.

5.24The increase of the share of the remuneration in the referral program will take effect the next month after the increase of referrals’ earnings.

5.25The Administration reserves the right to change conditions of the terms of use, access, gaining profit from referral program unilaterally without informing the user. The user can read the current conditions of the referral program on the webpage: bitmedia.io/referral. Bitmedia always adds and counts the amount of remuneration from referral program in accordance with the conditions regarding these matters.

5.26In order to gain referrals, referrers should make sure that the Bitmedia website was accessed by the referral through the link, assigned to referral in course of registration. If the link wasn’t used, the referral will be considered as a regular user.

6. Use of funds

6.1The minimum amount for which you can request payment for the services provided shall be equivalent USD 20 (twenty USD). For Bitmedia to be able to pay such amounts, your profile needs to be filled in with your real personal information (first and last name, email address, country of residence, and full address). If your user account is a company account, your company details need to be filled in as well. After the transfer of the amounts owed by Bitmedia to you, the information recorded in the user account shall be updated by deducting from the existing balance the equivalent of the amounts already paid as per the information above.

6.2Mostly, payments related to the services provided through the Bitmedia shall be made by Bitmedia in bitcoin (BTC). The amounts requested in fiat shall be converted via an authorized third-party payment processor. Bitmedia will not cover the fees and commissions related to any transaction (including conversion costs). Bitmedia shall not cover the fees or commissions applied by the bank to transfer the amounts owed for the advertising services earned where the Publishers has the account opened. Any such fees and commissions borne by Bitmedia for the transfer of the amounts to the Publishers shall be deducted from the amounts owed by Bitmedia to the Publishers.

6.3In order to us to be able to pay the sums representing the prices of the services provided, you must have filled in all the information required when creating the user account, including the choice of the payment interval, respectively, weekly or monthly.

6.4Each type of currency corresponds to a type of address. Requesting the payment of the amounts owed to you to an address that does not support the selected currency will result in a permanent loss of your funds.

6.5The payment request solicited by the Publisher will be made automatically according to the settings in the user's account, with regards to the payment interval, respectively, weekly or monthly. The processing of the request depends on the working conditions of the network.

7. Privacy and use of cookies

7.1Any information you provide during access to and use of the Sites is governed by Bitmedia’s Privacy Policy. By using the Sites, you agree to the collection, use, and sharing, if any, of your information as set forth in our Privacy Policy. Any dispute over privacy is subject to the T&C and the Privacy Policy.

7.2In addition, we use cookies and other automated means of data collection on our Sites. Please read our Cookie Policy to understand how we use cookies and such other automated means on the Sites.

8. Limitations of Use

8.1By using this website, you warrant on behalf of yourself and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or “mirror” the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service BITMEDIA LTD provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

9. Intellectual Property

9.1The intellectual property in the materials contained in this website is owned by or licensed to BITMEDIA LTD and is protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

9.2This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms and Conditions and may be terminated by BITMEDIA LTD at any time.

10. Limitations

10.1In connection with your use of the Sites, you will not, and will not allow any third party to:

• Link to or use the Sites in connection with any material that contains:
  • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
  • Obscene, defamatory, libelous, slanderous and/or unlawful content;
  • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
  • Inflammatory religious content;
  • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
  • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
• Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Sites;
• Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Sites or any content contained therein;
• Use the Sites in any manner that could damage, disable, overburden, or impair the Sites, Bitmedia, the third-party site, website, or application on which the Services are available, or any other person or entity; or
• Collect any information (including, without limitation, email addresses) about other visitors of the Sites; create or transmit unwanted electronic communications to other visitors of the Sites; or otherwise interfere with such visitors’ enjoyment of the Sites.

10.2Unless otherwise expressly authorized in these T&C or on the Sites, you may not take any action to interfere with the Sites or any other visitor’s use of the Sites. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Sites without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Sites.

10.3You agree not to use the Sites for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening, or obscene purposes). You agree that you will comply with all laws related to your use of the Sites.

10.4Where appropriate, for example in our contact form, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.

11. Liability

11.1Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, BITMEDIA LTD 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.

11.2In no event shall BITMEDIA LTD or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if BITMEDIA LTD or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

11.3In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

11.4Because 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.

11.5BITMEDIA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITES. IN NO EVENT SHALL BITMEDIA, ITS PARENT, ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM

• (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
• (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES,
• (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITES,
• (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY,
• (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR
• (VI) OTHERWISE RESULTING FROM THE USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).

12. Accuracy of Materials

12.1The materials appearing on our website are not comprehensive and are for general information purposes only. BITMEDIA LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

13. Indemnity

13.1To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless Bitmedia, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Sites in violation of these T&C, including without limitation (i) all matters related to your access to and use of any Bitmedia online services, including, without limitation, your use of the Sites, (ii) your violation of any provision contained in the T&C; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Sites caused damage to a third party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.

14. Links

14.1BITMEDIA LTD has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by BITMEDIA LTD of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

15. Right to Terminate

15.1We may suspend or terminate your right to use our website and terminate these Terms and Conditions immediately upon written notice to you for any breach of these Terms and Conditions.

16. Severance

16.1Any term of these Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms and Conditions is not affected.

17. Governing Law

17.1These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

18. Questions

18.1Should you have any questions regarding these T&C you may contact us at [email protected] or via the address as indicated in the header of these T&C.