This document outlines the Advertising and Payment Terms and Conditions for Zibbiz, Inc and any of its affiliate sites which include but are not limited to JewelryInTheNet.com.
Hereafter in this document Zibbiz, Inc, Zibbiz.com and any of its affiliate sites which include but are not limited to JewelryInTheNet and JewelryInTheNet.com may be referred to either as Zibbiz or JewelryInTheNet.
Please read these Advertising & Payment Terms and Conditions carefully before placing any content, advertising or purchasing any advertising credits. By purchasing advertising credits, you agree to become bound by these terms and conditions. If you do not agree to all terms and conditions, you may not purchase ad credits, advertise or submit content to this site.
The web pages available at Zibbiz.com and its affiliated sites including but not limited to JewelryInTheNet.com are owned and operated by Zibbiz, Inc, a Florida corporation and are protected by copyright laws and international treaties.
Zibbiz, Inc. reserves the right, at its sole discretion, to modify or replace the Advertising and Payment Terms and Conditions at any time. If the alterations constitute a material change to the Terms and Conditions, Zibbiz will notify you by posting an announcement on this Site. What constitutes a "material change" will be determined at the discretion of Zibbiz, Inc, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the Adverting Terms and Conditions as modified.
3. AD CREDIT SYSTEM
Zibbiz uses a unique system called the Ad Credit-Cart� for placing ads. This system is designed to offer a quick, easy and affordable way to advertise anywhere in the Zibbiz network. With the Ad Credit-Cart�, Ad Credits (Advertising Credits) are purchased in various sized packages containing a predetermined number of credits. Once purchased, the ad credits reside in the user�s Ad Credit-Cart account and can be used for all advertising products and styles within our network. These Ad Credits can be used for new listings or applied to renew existing ads.
4. PURCHASING AD CREDITS
Users are required to first register with Zibbiz and purchase ad credit packages to advertise in the Zibbiz Network. These packages range by the number of ad credits they contain and cost associated with them. Zibbiz reserves the right to modify the cost and/or the quantity of ad credits for any package at any time. This may include discontinuing existing ad credit packages.
ad credit packages have been designed for different levels of advertisers,
users should always take into
consideration the amount of advertising and style of ads they plan to complete
and exercise best judgment when deciding on the appropriate ad credit package.
5. AD CREDIT CONSUMPTION
Ad credits are consumed and deducted from a user�s account when a new ad is placed or an existing ad is renewed. When a user purchases a new ad credit package, the package is considered sealed or closed and the amount of credits from the package are added to the user�s ad credit-cart account. When a user submits a new ad to Zibbiz, the ad credits required for the ad style selected are deducted from the package and account balance. This constitutes an opening an ad credit package.
If multiple unopened ad credit packages reside in a user�s account, the oldest package will be consumed first. If the package does not contain enough ad credits for the ad being placed, additional ad credit packages from the user�s account will be opened to fulfill the ad�s cost requirements.
6. AD CREDIT RULES
1. The cost of an ad is measured by the number of ad credits.
2. Ad credits can be used for any type of advertising product and Ad style unless otherwise indicated.
3. Use anywhere within the Zibbiz network.
4. Can be used for new ads or to renew existing ads.
5. Ad credits are not transferrable to other members.
6. Ad credits expire 1 year from their purchase date.
7. PROMOTIONAL AD CREDITS
Zibbiz may at times offer and award promotional ad credits to individuals for participating in Zibbiz promotions and marketing campaigns. These ad credits work just as purchased ad credits and can be applied to any type of advertising product. Promotional ad credits awarded by Zibbiz cannot be returned for any type of refund.
8. SELECTING AD STYLES
Zibbiz provides different ad styles for each of advertising product group. These ad styles are typically presented in a Basic, Premium and Enhanced configuration and range by cost of ad credits and features. Zibbiz reserves the right to change the ad styles at any time including but not limited to adding or deleting features or change the duration.
9. MODIFYING AD STYLES
Zibbiz does not allow users to upgrade or downgrade an ad style after an ad has been submitted. If the user requires a change to the ad style, the user must place a new ad and resubmit the content after selecting the new ad style. No Refunds will be allowed for the ad placed with the original ad style
10. AD DURATION
The Ad duration is the period of time that an ad is active and visible to the end user. The duration varies by advertising group and ad style. The duration for each ad style is displayed to the user in the ad style features at the beginning of the ad placing process. Duration countdown for an ad begins immediately at the time the ad is submitted. At the end of the duration countdown, the ad is considered expired and will no longer be visible to the end users. Ads that are temporarily suspended by Zibbiz for content or other violations will continue to countdown the duration while the ad is suspended.
For a complete list of ad styles by product group and their current duration refer to our product guide page.
11. SUBMITTING CONTENT
When a user places a new ad or renews an existing ad, they are submitting content to Zibbiz. By uploading, submitting or otherwise disclosing content for display or inclusion on any of our sites, you represent and warrant that the content abides by all rules outlined in this document and that you own all rights in the content and you agree that the content will be subject to the Creative Commons Public Domain License.
Content will only be submitted through the interfaces and web pages we provide and not through any other means. This includes attempting to upload, modify or delete content in a way that circumvents the normal process.
12. USER CONDUCT
1. Not to upload, distribute or otherwise transmit any content that is malicious, defamatory, insulting, abusive, obscene, explicit sexually, disrespectful, or that consequently disobeys the law.
2. Not to upload, distribute or otherwise transmit through Zibbiz any messages, advertising or submissions anonymously or under a false identity or bogus e-mail address.
3. Not to represent themselves as an authority from Zibbiz.
4. Not to upload, distribute or otherwise transmit through Zibbiz any content that infringes any patent, trademark, copyright or proprietary right or trade secret.
5. Will not knowingly misrepresent in any advertising I place any products, items or services.
6. Will not use Meta tags, hidden content or any type of scripting.
13. PROHIBITED CONTENT
In order to protect our users and to comply with certain local, state or federal laws and regulations, Zibbiz prohibits advertising any type of product or service that is part of the following categories:
1. Weapons, Firearms, Ammunition or Explosive devices or any part or mechanism used in the assembly of such
2. Any type of Fireworks
3. Hazardous materials or restricted chemicals
4. Pornography or Adult Material that is considered obscene, objectionable or harmful to minors
5. Violent, Hateful or Racially intolerant material
6. Cigarettes and Tobacco related Products
7. Prescription drugs and Online Pharmacies
9. Gambling related products including lottery tickets, raffles or sweepstakes
10. Illicit drugs or drug paraphernalia
11. Unauthorized copies or bootleg recordings of software, music, video games, concerts or movies or any other media or performance
12. Lock picking devices, master keys and other devices used for gaining unauthorized access
13. Sale of back-up copies of software
14. Counterfeit items including but not limited to inauthentic sports collectables or any other items that contain autographs or signatures.
15. Replicas or fake versions of a name brand product
16. Stolen Goods
17. Stocks and Securities
18. Bodies, body parts or bodily fluids
19. Products not appropriate for resale due to safety or health reasons
20. Any type of government-issued identification either authentic or counterfeit. Including Illegal documents, credentials, uniforms, fake IDs, passports, drivers licenses, police badges or any similar item
21. Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications
22. Products that have been recalled by the manufacturer or any government agency
23. Any animals or related items that are subject to regulations or laws for the protection of animals
24. Any content considered offensive, illegal of infringes on the legal rights of others.
25. Any other item or service that violates any applicable federal, state, local or export law or regulation or which Zibbiz has determined, by its sole discretion, is inappropriate.
14. SELLER�S AD CONTACT INFORMATION
While most ad styles in our system support fields to display the contact information to potential buyers, users should always practice best judgment and exercise caution regarding the type and amount of information to include. Remember, the ads are visible to everyone. Never include any type of content that includes any type of personal or contact information you would not want the general public to view.
15. MONITORING CONTENT
Ad content inserted and uploaded by registered users to any Zibbiz site is considered to be done in good faith, Zibbiz that the user will abide by the terms set forth in the document and will execute proper judgment in the type of material submitted. Zibbiz does not verify, endorse or screen any content posted by users and does not assume any responsibility to monitor such content. By submitting content, the user agrees that Zibbiz may randomly monitor ads, images, banners, stores, links to other websites and other content.
Because Zibbiz is a community based network we encourage all users to report content in violation of our terms or objectionable to other users. Links and other feedback tools are provided throughout the site for users to report inappropriate content. When we receive reports of content believed to be in violation of our terms, Zibbiz will review the advertisement and content to determine if a violation exists.
16. EDITING CONTENT/ADS
Registered users are allowed to directly edit ads that reside in their account and Zibbiz will provide a set of online tools and web pages to facilitate this. Zibbiz may restrict the type of editing that can be performed by advertising group and/or ad style and may also limit� the editing to the categories, fields, sections or content that can be edited after an ad has been submitted.� These restrictions may be found in but are not limited to Shop, Auctions and Want to Buy advertising groups and are implemented to prevent advertisers from changing item details and descriptions where users may have committed to buy an item from a seller or where a user has submitted a bid on an item or service. Zibbiz may also limit the number of times an ad can be edited during the period that the ad is active.
Zibbiz reserves the right to modify the restrictions and limits to ad editing to help ensure a pleasant and consistent shopping experience for our users and may do so at any time without prior notification to our users.
After editing, the modified ad will be immediately visible to the end user provided the ad is currently active. In cases where an ad was suspended for content violations, Zibbiz reserves the right to pre-screen the changes before reinstating the ad. If an ad has expired, the modified ad will be visible to the end user after the user has reactivated the ad.
17. CANCELLING ADS
Users may at their discretion cancel an ad that resides in their account at any time prior to the expiration of the listing. By canceling the ad the user acknowledges that the ad will no longer be visible to the end user and that any duration remaining from the cancelled ad is forfeited by the user and will not be refunded �or credited in any way. Zibbiz may apply additional restrictions to certain advertising groups to prevent early cancellation of an ad. An example where additional restrictions may be applied is an auction style ad. This ad may contain bids from other users on an item the user is advertising. Canceling the ad early in this case would have a negative effect on the bidders experience with Zibbiz.
Cancelled ads remain in the users account after being cancelled and can only be viewed by the user who had placed the ad.
18. RENEWING/REACTIVATING ADS
Ads that have expired or cancelled by the user can be reactivated by the user at any time. Zibbiz provides access for the user to control this through an online interface known as the Management Console. When a user reactivates the ad, the number of ad credits will be deducted from the users account just as if they were placing a new ad. If there are not enough ad credits in the users account to fulfill the ad credit cost, the user will be directed to purchase additional ad credits before they can renew the ad.
Zibbiz allows Ads that are active to be extended before they expire. When an ad is extended, the duration for the ad style is added to the end of the current ad duration or expiration date. Therefore if an ad is due to expire in 10 days and the total duration for that style of ad is 30 days. After renewing, the ad would expire in 40 days. Additional restrictions for extending an ad may apply to some advertising groups like auctions and reverse auctions.
Ads that were previously cancelled and subsequently renewed are not allowed to recover the remaining duration or ad credits from the original ad and will be treated as a new ad. The duration for the countdown begins immediately after the ad has been submitted.
19. PURCHASING AND PAYMENTS
Zibbiz will provide to the user, an online interface and access to web pages for purchasing ad credit packages and other types of related items from Zibbiz. This interface, typically known as a �Shopping Cart�, will consist of various methods for the user to provide payment and for the user to submit payment information for the sole purpose of purchasing from Zibbiz.
Payment methods may include the acceptance of certain credit cards and the use of 3rd party payment providers such as PayPal and Google Checkout. As part of the payment process Zibbiz integrates elements of our payment application to the payment provider. This integration is used to allow the user to submit a payment and for the provider to confirm the payment. Zibbiz may as part of the payment process, send the user directly to the provider�s website to complete the payment process.
�The user understands that to use the services of the 3rd party payment provider, the user is required to have an account with that provider, and has agreed to the terms of the provider. These terms are exclusive to the provider and separate to the Zibbiz payment terms and conditions. Zibbiz is in no way affiliated with the providers other than for the purpose of allowing the user to submit a payment to Zibbiz. The user should be aware that Zibbiz has no control over the payment provider�s business practices, security, policies and technology and makes no warranties to the reliability or use of the provider�s services.
Because the approval and confirmation of a payment to Zibbiz requires a response from a payment gateway used to approve credit cards, or from a� 3rd party payment provider, a delay in approving a transaction can occur. While the delay is minimal and typically under a few minutes a longer delay is possible and cannot be controlled by Zibbiz. The user may not cancel a
transaction during this period of delay, and that to do so would be considered a violation of this agreement.
Zibbiz monitors payment transactions closely and may collect information about buying patterns from our users. Zibbiz may also collect information during the transaction that may include the users IP address and other information. This monitoring and information may be used to track and prevent fraudulent purchases, hacking, phishing or and unlawful and illegal activity. Zibbiz takes this type of activity very seriously, will report any unlawful activity to the proper authorities and assist in the prosecution of these individuals.
Zibbiz reserves the right to modify the payment process when necessary. These changes may include adding additional payment methods or discontinuing the use of existing methods or providers. Zibbiz will notify users to the change either by email or by updating this document posted on our website.
20. REFUNDS AND RETURNS
Zibbiz provides a 60 day full 100% money back guarantee for all un-opened Ad Credit packages. An un-opened ad credit package is defined as any package purchased from Zibbiz that contains the full amount of the original purchased quantity of the package. Regardless of the quantity of Ad Credits in the Ad Credit Package you purchased, i.e. (5, 30, 500 or 1000), after using at least (one) credit out of a package, the package is considered opened and you will not be eligible to return or obtain a refund for the balance of your unused credits.
Ad Credit packages may not be exchanged for other packages.
Refunds are NOT allowed for the following:
1. Opened ad credit packages.
2. Unopened ad Credit packages older than 60 days from the purchase date.
3. Partial or unused ad credits
4. Ad credits used for ads submitted by the user.
5. Cancelled ads regardless of remaining time left on ad.
6. Ads cancelled by Zibbiz due to any violation of terms.
7. On accounts previously closed by the user.
8. Promotional ad credits.
How to obtain a refund:
Zibbiz provides a set of tools in the User Management Console for viewing transaction history. These tools will display which ad credit packages currently qualify for a refund. Refunds are generally processed within 72 hours after a request has been submitted to Zibbiz by the user. The refund amount will be credited to the user�s original payment method. If the original method is not available Zibbiz will issue a check to the user for the refund amount. Refund checks will be issued within 30 days from the request of the refund.
accounts found abusing the refund policy by continuously purchasing and
returning packages may be canceled without warning from Zibbiz.
21. VIOLATION OF TERMS
Zibbiz at their sole discretion reserves the right to temporarily disable or permanently remove any ad, banner, image, content, text or store found in violation of the terms listed in this document without notice including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content. Zibbiz may do so with no obligation to refund any fees paid or advertising credits. Zibbiz may also at their discretion suspend or cancel a registered users account due to advertising and content violations.
22. APPEAL TO VIOLATION
If content was removed due to violation of terms, and the registered user who placed the ad feels that was wrongly removed or disabled from view to other users, the user may appeal to Zibbiz by emailing our members services department at MemberServices@Zibbiz.com and submitting a written request to have the content reinstated. The request should include an explanation to why the content should be reinstated or how the user plans to correct the content to remedy the issue. Our Member Services department will review the request and reply with a decision. All decisions are final and Zibbiz reserves the right to refuse or review any current or future request without reason.
Zibbiz makes no warranties, expressed or implied, related to the Zibbiz web sites, products or services supplied there under or marketing materials sold, including but not limited to warranties of merchantability and fitness for a particular cause. Zibbiz is not responsible for inaccurate information that may be contained in any of the advertisements placed by users.
Zibbiz will not be liable to any advertiser for indirect, incidental, special or consequential damages, such as, but not limited to, loss of profit or revenue loss due to business interruption, arising out of or connected to the use of, failure or inability to use the Zibbiz web site, related services, stores, products or marketing materials. The total liability of Zibbiz for any and all damages arising from or associated with Zibbiz advertising, programs, services, products and/or marketing materials shall not exceed the amount of un-opened Zibbiz Ad Credits sold to the sole Advertiser named in the dispute.
The policy is effective as of 12/1/2010