Terms of use

These Terms & Conditions (as set forth herein and as may be amended in the future, these “Terms”) constitute an agreement between you (“you” or “user”) and Jun Group Productions, LLC and its parent, subsidiaries, and affiliates (collectively, “Jun Group,” “we,” or “us”). Jun Group’s website Terms of Use, available at https://jungroup.com/terms-of-use/, are hereby incorporated herein by reference. The IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less version 3.0, available at https://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf (“IAB Standard Terms”), are hereby incorporated herein by reference. To the extent that any terms of the Terms of Use or of the IAB Standard Terms conflict with these Terms, these Terms shall govern. These Terms govern your access and use of Jun Group’s Business+ websites and services (“Platform”), including account creation, submission and/or delivery of any advertising (“Ads”), creation of any advertising campaigns (“Campaign”), and the display of those Ads, whether accessed via computer, mobile device, or other technology. As the individual acting on behalf of Advertiser in your use of the Platform, You represent and warrant that You have the authority to agree to these Terms and to use the Platform on Advertiser’s behalf. You accept and agree to be bound by these Terms, and to abide by all applicable laws, rules, and regulations (“Applicable Law”). Jun Group may modify these Terms at any time, and each such modification will be effective upon posting on this page or elsewhere in the Platform websites and services. Your continued use of the Platform following any such modification constitutes your acceptance and agreement to be bound by the Terms as so modified. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Platform immediately.

Information Submission and Account Creation

In order to access and use the Platform, you must provide us with certain necessary information through the forms provided on the Platform websites and services. Any information that you provide to us shall be subject to Jun Group’s Privacy Policy, available at https://jungroup.com/privacy-policy (our “Privacy Policy”). We will use the information that you provide to us through the Platform websites and services to furnish you with the Platform services, as well as for internal analysis and to measure, manage, support and improve our services, and to allow service providers to assist us in performing our services, along with any other permitted uses as stated in our Privacy Policy.

Jun Group reserves the right to confirm the information that you provide related to your use of the Platform by contacting you, your business, and/or any advertisers on whose behalf you are using the Platform.

You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time. You agree to notify Jun Group immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

These Terms remain in full force and effect while you use the Platform. You may terminate your Platform account at any time, for any reason, by emailing support@business.jungroup.com. Jun Group may terminate your account and/or access to the Platform at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Platform is terminated, these Terms will remain in effect.

Ad Campaigns

Jun Group must approve any ad(s) or ad content/materials you submit as a part of any Campaign you create using the Platform. Such approvals are subject to Jun Group’s sole discretion. Review and approval can take time; Jun Group shall not bear any responsibility for such delays. You should retain copies and backups of any ad(s) or ad content/materials that you submit to Jun Group; Jun Group has no obligation to store, retrieve, or return any ad(s) or ad content/materials to you.

You warrant and represent that you have all necessary rights, permissions, and licenses to use, share, and display the ad(s) and ad content/materials that you submit to the Platform, including all intellectual property rights.

Jun Group reserves the right to cancel, pause, or suspend any Campaign in its sole discretion. You may cancel or modify a Campaign at any time using the Platform website and tools. For cancellation to be effective, you must cancel through the Platform. If a Campaign is cancelled, impressions will stop being delivered. You will be charged for all impressions delivered, including any delivered during the short period while the cancellation request is processed (no longer than 24 hours); no refunds will be issued. Upon cancellation of a Campaign or Campaign end, the licenses granted in these Terms will expire immediately. Some content may persist for a period of time, and the licenses that you grant to Jun Group in these Terms will extend for those purposes. You may also pause a Campaign at any time in the Platform. If a Campaign is paused, impressions will stop being delivered. You will be charged for all impressions delivered, including any delivered during the short period while the pause request is processed; no refunds will be issued. You may resume the Campaign at any time before the scheduled end date. Pausing a Campaign will not modify the scheduled Campaign end date, and the number of impressions delivered during the campaign may be reduced.

Ad Targeting

Jun Group may allow you to target an Ad or Campaign to a desired audience based on certain criteria. You are solely responsible for appropriately using the provided tools within the Platform to select your targeting preferences. Jun Group does not guarantee that Ads will reach your targeted audience. It is your choice whether and how to use the ad targeting tools that we may offer, provided that it is your sole responsibility to do so in compliance with Applicable Law and industry standards. Jun Group reserves the right to disregard or modify your submitted targeted preferences in order to comply with Applicable Law and industry standards.

License

You grant Jun Group a non-exclusive, non-transferable (except as provided herein) right and license to reproduce, distribute, perform and display your ad(s) and any ad content via Jun Group’s Network Properties, or such third-party advertising partners as Jun Group may engage in its sole discretion, during the designated campaign period as set forth in these Terms.

Except as required by law or to comply with the request of a governmental entity, you will not use Jun Group’s name, trademarks, service marks, logos or other identifiers (collectively, “Jun Group Marks”), or make any reference to Jun Group or the Jun Group Marks in any manner including, without limitation, customer-facing materials and press releases, without our prior written approval.

Additional Creative Work

You may elect to engage Jun Group to do additional creative work for you on your Ads or Campaigns. Such additional work is subject to additional fees to be negotiated between you and Jun Group and set forth in a written Statement of Work (“SOW”) before any such work commences. Any SOWs entered into under these Terms shall be subject to these Terms and any other and additional terms as may be set forth in such SOW(s).

Payment

You will pay for your Campaign in accordance with the following:

  1. You will provide valid credit card information and charging authorization when initiating your Campaign, unless you have been previously approved by Jun Group for 30-day invoicing. Credit card payments are assessed a convenience charge of 2.9% + $0.30 per transaction. For more information about applying for an invoiced account, please contact support@business.jungroup.com.
  2. You will pay all amounts specified in each Campaign you initiate, along with any applicable taxes. The amount you owe for each Campaign will be calculated based on our tracking mechanisms. We calculate charges based on impressions.
  3. You are responsible for maintaining the security of your account, and you understand that you will be charged for any Campaigns initiated on or through your account.
  4. You can cancel a Campaign at any time, but your Campaign(s) may run for 24 hours after you notify us, and you are still responsible for paying for all ads run during that period.
  5. The amounts we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify and hold us harmless from and against any claim arising out of your failure to do so.
  6. If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection, including reasonable attorneys’ fees. Past due amounts will accrue interest at 1% per month or the lawful maximum, whichever is less.
  7. You will fall under one of two categories depending on your payment method: invoiced or credit card customer. Invoiced customers are those to whom Jun Group extends a credit line and issues invoices on a periodic basis for payment in accordance with the applicable invoicing terms. Credit card customers are those who provide credit card information at the time of initiating a Campaign and whose card is charged on a regular basis for actual usage. Approval for invoicing shall be made in Jun Group’s sole discretion.
Disclaimers

The Platform is provided “AS-IS” and “as available” and Jun Group does not guarantee or promise any specific results from use of the Platform. Jun Group expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances will Jun Group be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Platform, problems or technical malfunction in connection with use of the Platform, or any material downloaded or otherwise obtained in connection with the Platform. Your use of the Platform is solely your responsibility and at your own risk.

Limitation on Liability

IN NO EVENT WILL JUN GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF JUN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUN GROUP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUN GROUP FOR THE PLATFORM DURING THE TERM OF YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF JUN GROUP’S ACTS OR OMISSIONS OR YOUR USE OF THE PLATFORM ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE PLATFORM.

Applicable Law; Jurisdiction; Dispute Resolution.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to these Terms, the Platform, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York City, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

Indemnity

You agree to indemnify and hold Jun Group, its affiliated companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform, your breach of these Terms, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Platform.

Miscellaneous

You and Jun Group are independent contractors and not joint ventures or partners. Nothing in these Terms changes this status. These Terms, along with those terms incorporated herein by reference, are the parties’ entire agreement relating to their subject and supersede any prior or contemporaneous agreements on that subject. Unless otherwise explicitly agreed to in writing, no other terms will apply to your use of the Platform. Neither party will be deemed to have waived any rights by not exercising or delaying exercising rights under these Terms. No waiver of any breach of these Terms shall be construed to be, or shall be, a waiver of any other breach of these Terms. No waiver shall be binding unless in writing and signed by the party waiving the breach. You may not assign or transfer any rights, or delegate any duties, under these Terms without Jun Group’s prior written consent, and any attempted assignment, transfer or delegation without such consent shall be void. Jun Group can assign or otherwise transfer Jun Group’s rights under these Terms without your consent.