DISCOVEARN TERMS OF SERVICE:
By using Discovearn, you agree to these Terms of Service. Please read these Terms of Service and the rest of the Discovearn Terms carefully.
As used in these Terms of Service, "you" means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). "We," "us" or "Discovearn" means Creative Business Name LLC, and the "parties" means you and Discovearn.
1. Access to the Services; Discovearn Accounts
Your use of the Services is subject to your creation and our approval of a Discovearn Account (an "Account"). We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from Discovearn, and your Accounts will be subject to termination, pursuant to the provisions below.
By enrolling in Discovearn as an Individual account, you permit Discovearn to serve, as applicable, advertisements and other content ("Ads") to you, including by automated means. By enrolling in Discovearn as a Brand account, you permit Discovearn to show your Ads to Individual accounts by automated means, pursuant to these Terms. By enrolling in Discovearn as a Website Owner account, you authorize Discovearn to display advertisements on your website, and to visitors of your site, including by automated means. Discovearn may refuse to provide the Services to you at any time for any reason at our discretion.
2. Using Discovearn
You may use Discovearn only as permitted by these Discovearn Terms and any applicable laws. Don't misuse Discovearn. For example, don't interfere with Discovearn's intended function or try to find loopholes or exploits in the service.
You may discontinue your use of any Service at any time by emailing [email protected]
3. Changes to Discovearn; Changes to the Discovearn Terms
We are constantly changing and improving Discovearn. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Discovearn Terms at any time. We'll post any modifications to the Terms of Service on this page and any modifications to the Discovearn Policies or the Discovearn Branding Guidelines on their respective pages. Changes will generally become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to any modified terms in the Discovearn Terms, you'll have to stop using the affected Services.
4. Payment
Subject to this Section and Section 5 of these Terms of Service, if you enrolled in Discovearn as an Individual account, you will receive a payment related to the number of valid page visits from ad clicks on Discovearn if the amount of time spent on the page is at or above the minimum viewing time as set by the applicable Brand account, for the entirety of the period for which payment is made and through to the date that the payment is issued. If you enrolled in Discovearn as a Website Owner account, you will receive a payment based on a combination of ad clicks from non-Discovearn users, and valid ad visits from Individual accounts, as described above, for the entirety of the period for which payment is made and through to the date that the payment is issued.
If your Account is in good standing through to the time when Discovearn issues you a payment, we will pay you when you choose to withdraw funds from your account if and only if the balance reflected in your Account equals or exceeds the applicable payment threshold. If Discovearn is investigating your compliance with the Discovearn Terms or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account.
Payments will be calculated solely based on Discovearn's accounting. You acknowledge and agree that you are only entitled to payment for your use of the Services for which Discovearn has been paid; if, for any reason, Discovearn does not receive payment from an advertiser or credits such payment back to an advertiser, you are not entitled to be paid for any associated use of the Services. Additionally, if an advertiser whose Ads are displayed on Discovearn defaults on payment to Discovearn, we may withhold payment or charge back your Account.
Discovearn has the right to withhold or adjust payments to Individual accounts to exclude any amounts Discovearn determines arise from invalid activity. Invalid activity includes, but is not limited to, (i) spam, invalid clicks, or other invalid events on Ads generated by any person, bot, automated program or similar device, including through any clicks or other events originating from your IP addresses or computers under your control; (ii) clicks or other events solicited or generated by false representation, or requests for end users to click on Ads or take other actions; (iii) Ads served to end users whose browsers have JavaScript disabled or who are otherwise tampering with ad serving or measurement; (iv) any click or other event occurring on Discovearn that does not comply with the Discovearn Policies; (v) any click or other event occurring on Discovearn associated with another Discovearn Account you use; and (vi) all clicks or other events in any Account with significant amounts of invalid activity, as described in (i-v) above or with the types of invalid activity indicating intentional misconduct. In the event Discovearn detects invalid activity, either before or after issuing a payment for that activity, Discovearn reserves the right to debit your Account, and adjust future payments accordingly, for all invalid clicks or other events including for all clicks or other events on Discovearn that do not comply with the Discovearn Policies.
Additionally, Discovearn may refund or credit advertisers for some or all of the advertiser payments associated with your Account. You acknowledge and agree that, whenever Discovearn issues such refunds or credits, you will not be entitled to receive any payment for any associated use of the Services.
5. Termination, Suspension, and Entitlement to Further Payment
Discovearn may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the Discovearn Policies. Discovearn can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If Discovearn closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions in Section 4. If Discovearn closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.
If Discovearn terminates your Account due to your breach of the Discovearn Terms, including, but not limited to, your causing or failing to prevent invalid activity on Discovearn, or your failure to otherwise fully comply with the Discovearn Policies, you will not be entitled to any further payment from Discovearn for any prior use of the Services. If you breach the Discovearn Terms or Discovearn suspends or terminates your Account, you are prohibited from creating a new Account.
If you dispute any payment made or withheld relating to your use of the Services, or, if Discovearn terminates your Account and you dispute your termination, you must notify Discovearn within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived.
You may terminate your use of the Services at any time by completing the account cancellation process. Your Discovearn Account will be considered terminated within 10 business days of Discovearn's receipt of your notice. If you terminate your Account and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to the payment provisions in Section 4, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services. Any balance reflected in your Account below the applicable threshold will remain unpaid.
6. Taxes
As between you and Discovearn, Discovearn is responsible for all taxes (if any) associated with the transactions between Discovearn and advertisers in connection with Ads displayed on Discovearn. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Discovearn's net income. All payments to you from Discovearn in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.
7. Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party's licensors.
We grant you a non-exclusive, non-sublicensable license to use Discovearn's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") solely in connection with your use of the Services and in accordance with the Discovearn Terms. We may revoke this license at any time. Any goodwill arising from your use of Discovearn's Brand Features will belong to Discovearn.
We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
8. Privacy
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use Discovearn. By using Discovearn, you agree that Discovearn can use such data in accordance with our Privacy Policy.
9. Indemnity
You agree to indemnify and defend Discovearn, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to ads, including any content served on ads that are not provided by Discovearn; your use of the Services; or your breach of any term of the Discovearn Terms. Discovearn's advertisers are third-party beneficiaries of this indemnity.
10. Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Discovearn Terms; (ii) Discovearn has never previously terminated or otherwise disabled a Discovearn Account created by you due to your breach of the Discovearn Terms, including due to invalid activity; (iii) entering into or performing under the Discovearn Terms will not violate any agreement you have with a third party or any third-party rights; and (iv) all of the information provided by you to Discovearn is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE DISCOVEARN TERMS, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, DISCOVEARN MAY REFUSE TO SERVE, AS APPLICABLE, ADVERTISEMENTS AND OTHER CONTENT ("ADS"). WE DO NOT GUARANTEE THAT EVERY PAGE WILL RECEIVE ADS OR THAT DISCOVEARN WILL SERVE A CERTAIN NUMBER OF ADS. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE "AS IS".
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE DISCOVEARN TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE DISCOVEARN TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE DISCOVEARN TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE DISCOVEARN TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Discovearn Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
12. Miscellaneous Entire Agreement; Amendments.
The Discovearn Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject. The Discovearn Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the Discovearn Terms, or (ii) as set forth in Section 3, if you keep using the Services after Discovearn modifies the Discovearn Terms.
Assignment. You may not assign or transfer any of your rights under the Discovearn Terms.
Independent Contractors. The parties are independent contractors and the Discovearn Terms do not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. Other than as set forth in Section 11, the Discovearn Terms do not create any third-party beneficiary rights.
No Waiver. Other than as set forth in Section 5, the failure of either party to enforce any provision of the Discovearn Terms will not constitute a waiver.
Severability. If it turns out that a particular term of the Discovearn Terms is not enforceable, the balance of the Discovearn Terms will remain in full force and effect.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact Discovearn, please visit our contact page.