Website Terms of Conditions and Use
By accessing this website, you are agreeing to be bound by these website Terms and 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 website are protected by applicable copyright and trademark law.
2. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on MindSpark Digital's website 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:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on genius monkey’s web site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MindSpark Digital 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.
The materials on MindSpark Digital's website are provided “as is”. MindSpark Digital 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, MindSpark Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. ALL INCLUSIVE DELIVERABLE
MindSpark Digital provides an all-inclusive deliverable that accounts for the media, servers, technology, 3rd-party behavioral data access, set-up fees, management fees, and creative costs, if applicable. As an example, if MindSpark Digital delivers a $2.00 effective CPM and $0.50 CPC on a $10,000 total spend the client will receive 5,000,000 impressions and 20,000 clicks. The $2.00 CPM and $0.50 CPC incorporates all of the costs detailed previously.
In no event shall MindSpark Digital 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 MindSpark Digital’s Internet site, even if MindSpark Digital or a MindSpark Digital 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.
6. REVISIONS AND ERRATA
The materials appearing on MindSpark Digital’s website could include technical, typographical, or photographic errors. MindSpark Digital does not warrant that any of the materials on its website are accurate, complete, or current. MindSpark Digital may make changes to the materials contained on its website at any time without notice. MindSpark Digital does not, however, make any commitment to update the materials.
MindSpark Digital has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MindSpark Digital of the site. Use of any such linked website is at the user’s own risk.
9. GOVERNING LAW
Any claim relating to MindSpark Digital’s website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
10. REFUND POLICY
Parties understand that by approving the targeting information, run dates, creative, and budget supplied in campaign confirmations sent via email, MindSpark Digital will have the authorization to move forward in executing campaigns.
Approval gives MindSpark Digital authorization to run the full dollar amount of the campaign according to the listed terms of the confirmation for the run dates listed.
If you are not completely satisfied with what you are receiving in exchange for your budgets placed within the MindSpark Digital system you are able to cancel at any time. You will receive a refund of any remaining funds in your account that has not already been spent on products. services, or advertisements on your behalf. Some ads are purchased in advance and/ or have a cancellation lag time, we will do our best to stop ad spend immediately and return any unused funds.
Any request for early cancellations must be approved in writing or by email by an authorized representative of MindSpark Digital.