By using the NeighborApps.com web site (“Service”), all services of NeighborApps, LLC. (“NeighborApps”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
NeighborApps reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, should be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://neighborapps.com/termsofservice.html.
Violation of any of the terms below will result in the termination of your Account. While NeighborApps prohibits such conduct and Content on the Service, you understand and agree that NeighborApps cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. NeighborApps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months of any service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
*Mobile App Development – NeighborApps will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
*Channel Partner Refund Policy – NeighborApps will refund 90% of your Executive Starter Package up to 90 days after purchase. This policy only pertains to our partnership program and the initial purchase and its contents. You can discontinue your service at anytime. Please send a ticket to our support center. You account will shut off within 24hours and will not be renewed the following month.
Cancellation and Termination
You are solely responsible for properly canceling your account. Please send a ticket to our support center. You account will shut off within 24hours and will not be renewed the following month. Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
NeighborApps, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other NeighborApps service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
NeighborApps reserves the right to refuse service to anyone for any reason at any time.
100% Satisfaction Guarantee Terms
If for whatever reason you are unsatisfied with your product or service within the first month of service, NeighborApps guarantees to refund the first month of service with no questions asked. NeighborApps is backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with NeighborApps.
Modifications to the Service and Prices
NeighborApps reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
NeighborApps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, NeighborApps may issue an update to the NeighborApps application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although NeighborApps will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the NeighborApps application to create your mobile application, you agree to allow others to view and share your Content.
NeighborApps does not pre-screen Content, but NeighborApps and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is email@example.com
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
You understand that NeighborApps uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other NeighborApps service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by NeighborApps.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NeighborApps customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
NeighborApps does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that NeighborApps shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NeighborApps has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of NeighborApps to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and NeighborApps and govern your use of the Service, superseding any prior agreements between you and NeighborApps (including, but not limited to, any prior versions of the Terms of Service).
In no event shall NeighborApps liability to you exceed the amount actually paid to NeighborApps by you during the preceding 12 months.
Advertising Rate Card and Terms
The following terms and conditions govern all entities that place advertising (“Advertiser”), either directly or through an agent (“Agency”), in print magazines (“Magazines”), websites and mobile sites (collectively, “Websites”), email campaigns (“Email(s)”), digital magazine publications (“Digital Editions”), any other applications (collectively, together with Digital Editions, the “Apps”), and any other services (collectively, together with Magazines, Digital Editions, Websites, Emails, and Apps, the “Service”) published and/or owned, licensed or operated by or on behalf of NeighborApps LLC (“The Bubble”). The placement of advertising on any Service constitutes Advertiser’s (and, if applicable, Agency’s) agreement to these terms and conditions. These terms and conditions may be modified from time to time by NeighborApps; additional placement of advertising will constitute Advertiser’s (and, if applicable, Agency’s) agreement to any such modifications.
A. NeighborApps’s Right To Reject, Cancel or Terminate Orders
NeighborApps reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertising copy in connection with any Service, whether or not the same has already been acknowledged and/or previously published, displayed, performed or transmitted (collectively referred to herein as “Published” or “Publish”), including, but not limited to, for reasons relating to the content of the advertisement or any technology associated with the advertisement. In the event of such cancellation or rejection by NeighborApps, advertising already run and to be run shall be paid for at the rate that would apply if the entire order were Published and no Short Rate (as defined below) will apply.
In addition, NeighborApps reserves the right to (i) remove from selected copies, editions, versions, or sections of a Service advertisements containing matter that readers have deemed objectionable (ii) implement blocking technology (including, but not limited to, geo-blocking technology) in connection with a Service; and (iii) enhance, upgrade and/or otherwise modify or discontinue any Service at any time.
NeighborApps, at its absolute discretion, may terminate its relationship with Advertiser and/or Agency for the breach of any of the terms hereof, including without limitation a breach based on the failure on the part of either Advertiser or Agency to pay each bill by its due date. Should NeighborApps terminate its relationship with Advertiser and/or Agency, a short-rate (which is the difference between the rate charged on the contracted frequency and the higher rate based on the reduced frequency of advertisements actually Published and paid for, herein a “Short-Rate”) may apply and all charges incurred together with short-rate charges shall be immediately due and payable. Furthermore, in the event Advertiser or Agency breaches, NeighborApps may, in addition to its other remedies, (a) cancel its recognition of Agency, thereby causing Agency to lose claim to any commission for any further advertising placed with NeighborApps on behalf of Advertiser or any other client of Agency, and/or (b) refuse to Publish any or all of Advertiser’s advertising.
B. Advertiser’s Failure to Run Advertising/Short-Rate/Merchandising Programs
All agreements for advertising frequency discounts in connection with any Service require that the specified number of advertisements be Published within a specified period and be promptly paid for. In the event of Advertiser’s or its Agency’s cancellation of any portion of any advertising order/contract or failure to have Published and paid for the specified number of advertisements, or if at any time NeighborApps in its reasonable judgment determines that Advertiser is not likely to Publish and pay for the total amount of advertising specified during the term of the agreement, any rate discount will be retroactively nullified, including for previously Published advertisements, and may result in a Short-Rate. In such event, Advertiser and/or Agency must reimburse NeighborApps for the Short-Rate within 30 days of invoice therefor and Advertiser will thereafter pay for advertising at the open rate or at the earned rate(s) as applicable. Any merchandising program executed by NeighborApps in reliance on advertising that is cancelled will be paid for by Advertiser at the fair market rate for such program. Advertising credits (for any earned advertising frequency discount adjustments for advertising run in excess of specified schedule) will only be earned if all advertising is paid for by the due date. Advertising credits must be used by the Advertiser within six months after the end of the period in which they were earned. If any portion of such advertising credits remain unused at the expiration of the foregoing six month period, such unused advertising credits shall be expired and NeighborApps shall not have any further obligation to Advertiser and/or Agency with respect thereto.
C. Restrictions on Advertiser’s Ability to Cancel Advertising Orders for Magazines and Digital Editions
Orders for inside or outside cover pages for Magazines and Digital Editions are non-cancelable. Options on cover positions for Magazines must be exercised at least 30 days prior to four-color closing date. If an order is not received by such date, the cover option automatically lapses. Orders for all inside advertising units for Magazines and Digital Editions are non-cancelable less than 15 days prior to closing date. Orders for furnished inserts for Magazines are non-cancelable the first day of the fourth calendar month preceding the month imprinted on the cover of the issue. Orders for all NeighborApps-produced inserts for Magazines are non-cancelable. In any event, Advertiser will be responsible for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services, paper and/or printing.
D. Advertising Positioning at NeighborApps Discretion
Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and Published but such restrictions or specifications are at NeighborApps sole discretion, and in no event shall such approved restrictions or specifications relate to any user generated content on NeighborApps Websites, Apps and/or Emails.
E. Labeling of Advertisements
Advertisements that simulate or resemble editorial content must be clearly identified and labeled “ADVERTISEMENT” or “PROMOTION” or “SPECIAL ADVERTISING SECTION” at the top of the advertisement, and NeighborApps may, in its discretion, so label such copy.
An accurate copy of any furnished insert must be submitted to NeighborApps for review prior to the printing of the insert. NeighborApps review and/or approval of such copy does not release or relinquish Advertiser/Agency from its responsibilities hereunder. NeighborApps is not responsible for errors or omissions in, or the production quality of, furnished inserts. Advertiser and/or Agency shall be responsible for any additional charges incurred by NeighborApps arising out of Advertiser and/or Agency’s failure to deliver furnished inserts pursuant to NeighborApps specifications. In the event that NeighborApps is unable to Publish the furnished insert as a result of such failure to comply, Advertiser and/or Agency shall nevertheless remain liable for the space cost of such insert.
G. Errors in or Omissions of Advertisements
In the event of NeighborApps errors in or omissions of any advertisement(s), NeighborApps liability shall be limited to a credit of the amount paid attributable to the space of the error/omission (in no event shall such credit exceed the total amount paid to NeighborApps for the advertisement), and NeighborApps shall have no liability unless the error/omission is brought to the NeighborApps attention no later than 60 days after the advertisement is first Published. However, if a copy of the advertisement was provided or reviewed by Advertiser, NeighborApps shall have no liability. In no event will NeighborApps have any liability for errors or omissions caused by force majeure or errors in key numbers. In the event of a suspension of NeighborApps Service due to computer, software, or network malfunction, congestion, repair, strike, accidents, fire, flood, storms, terrorist attacks, acts of war or any other cause or contingencies or force majeure beyond the reasonable control of NeighborApps, it is agreed that such suspension shall not invalidate any advertising agreement but a) will give NeighborApps the option to cancel any advertising agreement, or if NeighborApps does not do so, b) upon resumption of NeighborApps Service, the agreement shall be continued and NeighborApps will have no liability for any errors or omissions or any damages or missed impressions caused by such suspension. IN NO EVENT WILL VOGUE HAVE ANY LIABILITY FOR ANY ADVERTISING CREATIVE OR PRINTING COSTS, ADMINISTRATIVE COSTS, AND/OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND THE LIKE.
The titles and logos of the Service Published or used by NeighborApps are registered trademarks and/or trademarks protected under common law. Neither the titles nor the logos may be used without the express written permission of NeighborApps.
I. Warranties; Indemnification
J. Responsibility for Payment of Advertising Bills
In the event an order is placed by an Agency on behalf of Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both Advertiser and Agency. Advertiser and its Agency, if there be one, each agrees to be jointly and severally liable for the payment of all bills and charges incurred for each advertisement placed on Advertiser’s behalf. Advertiser authorizes NeighborApps, at its election, to tender any bill to Agency, and such tender shall constitute due notice to Advertiser of the bill and such manner of billing shall in no way impair or limit the joint and several liability of Advertiser and Agency. Any bill tendered by NeighborApps shall constitute an account stated unless written objection thereto is received by NeighborApps within ten (10) days from the rendering thereof. Payment by Advertiser to Agency shall not discharge Advertiser’s liability to NeighborApps. The rights of NeighborApps shall in no way be affected by any dispute or claim between Advertiser and Agency. Advertiser and Agency agree to reimburse NeighborApps for its costs and attorneys’ fees in collecting any unpaid advertising charges. Advertiser confirms that it has appointed Agency, if one is specified, to be its authorized representative with respect to all matters relating to advertising placed on Advertiser’s behalf with the understanding that Agency may be paid a commission.
K. No Assignment of Advertising
Advertiser and its Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by NeighborApps, nor may Advertiser or Agency authorize any others to use any advertising space.
L. Republication of Advertisements
Advertiser and Agency agree that any submitted advertisements Published in a NeighborApps Service, may, at NeighborApps option, be republished, re-performed, retransmitted, archived or otherwise reused by NeighborApps or its agents in any form in whole or in part in all media now in existence or hereafter developed, whether or not combined with material of others. The copyright in any advertisement created by NeighborApps is owned by NeighborApps and may not be otherwise used by Advertiser or third parties without NeighborApps prior written consent.
M. Advertising Rates
NeighborApps “The Bubble” Magazine and Digital Edition rates contained in advertising orders that vary from NeighborApps published rates shall not be binding on NeighborApps and the advertisements ordered may be inserted and charged for at the actual schedule of NeighborApps applicable published rates. Magazine and Digital Edition rates and units of space are effective with the January 2014 issue. Announcement of any changes in such rates will be made thirty (30) days in advance of the closing date for the first issue affected by such new rates. Advertising in issues thereafter will be at the rates then prevailing. Rates for NeighborApps Websites, Emails and non-Digital Edition applications (i.e., NeighborApps applications other than Digital Editions) contained in advertising orders that vary from the rates established by NeighborApps for Advertiser shall not be binding on NeighborApps and the advertisements ordered may be inserted and charged for at the actual schedule of rates. Announcement of any changes in NeighborApps rates for its Websites, Emails and/or non-Digital Edition applications will be made thirty (30) days in advance of the first advertisements affected by such new rates. Advertisements Published thereafter will be at the NeighborApps applicable rates then prevailing.
N. Rate Base Guarantees
Rate base guarantees for NeighborApps Magazines and Digital Editions are made on an annual twelve month average.
O. Terms of Sale
An agency commission of fifteen percent (15%) will be allowed for recognized agencies. Payment for all advertising and services is due thirty (30) days from the date of invoice. All advertising production fees (if any) shall be billed and are immediately due in full within the first month of the advertising campaign. Interest may, at NeighborApps discretion, be charged at a rate of 1.5% per month on past due balances. NeighborApps may at its option require cash in advance or otherwise change payment terms.
P. Choice of Law and Forum
All issues relating to advertising will be governed by the laws of the State of Florida applicable to contracts to be performed entirely therein. Any action brought by Advertiser against NeighborApps relating to advertising must be brought in the state or federal courts in Florida. The parties hereby consent to the jurisdiction of the state or federal courts in Florida in connection with actions relating to advertising, including, but not limited to, actions to collect amounts due for advertising.
NEIGHBORAPPS DISCLAIMS ALL WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR NONINFRINGEMENT, ACCURACY, AVAILABILITY, UPTIME, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE DISPLAY, PERFORMANCE AND TRANSMISSION OF ADVERTISEMENTS ON NEIGHBORAPPS SERVICES. Without limiting the generality of the foregoing, NeighborApps disclaims all warranties and guarantees with respect to its Services, including, without limitation, warranties and/or guarantees relating to: (a) the positioning or placement of advertisements on the Services, (b) advertising results on the Services; and (c) the accuracy of audience data, including, but not limited to, audience demographic data, audience size/reach data, etc. with respect to the Services.
R. Entire Agreement
The foregoing terms and conditions (and the Additional Terms set forth below) shall govern the relationship between NeighborApps and Advertiser and/or Agency. NeighborApps has not made any representations to Advertiser or Agency that are not contained herein. Unless expressly agreed to in writing and signed by an officer or senior executive of NeighborApps, no other terms or conditions in contracts, orders, copy, or otherwise will be binding on NeighborApps. Failure by NeighborApps to enforce any of these provisions shall not be considered a waiver of such provision.
Terms of Service questions please use NeighborApps Support Portal – http://neighborapps.freshdesk.com/support/login