Newsoc Hub is an ad network that aims to support a safe, trustworthy and transparent digital advertising ecosystem. We support advertisers and publishers by using a combination of automated and human evaluation to ensure publishers can monetize their website traffic with clean and high-quality ads.
Acceptable Use and Availability
Your use of our Services is conditional upon your registration of an account in Newsoc Hub (the “Account”). You may use our Services only as permitted by the applicable laws and Newsoc Hub policies made available to you. If you are an individual, by registering an account and submitting an application to use the Services, you represent that you are at the age 18 or above with full capacity for civil conduct. We reserve the right to determine the eligibility of any person for the access to the Services and the right to suspend or terminate your access to or use of the Services and any data stored therein at our discretion without prior notice.
Use of Services
You hereby authorize Newsoc Hub (and its affiliates, if applicable) to serve (i) advertisements and other material (collectively, “Ads”), and (ii) related search queries and other links to your websites, mobile applications, mobile content and/or other inventories approved by us (each a “Property”). You also grant to us the right to access any of the Properties. Newsoc Hub may refuse to provide Services to any Property at its sole discretion. Newsoc Hub may add or remove any functionality of the Services at any time without prior notice to you. You shall be solely responsible for all Properties. Newsoc Hub shall not be liable for any claims regarding content published on each Property. You agree that you will not or will not attempt to, and will not procure/authorize any third party to:
You expressly acknowledge and agree that Newsoc Hub may at its sole discretion refuse to serve any Ads and related search queries and links to the Properties.
Other than the provisions in these Terms, neither Party will acquire any title, right or interest in any intellectual property rights of the other Party or its licensors. Newsoc Hub grants you a non-exclusive, non-sublicensable license to use our trade names, trademarks, service marks, logos and domain names, if applicable (“NH Mark”) solely in connection with your use of our Services and in accordance with these Terms. This license may be invoked by us at any time. You acknowledge that we may use your name, trade names, trademarks, service marks, logos and domain names in our promotional materials, reports and presentations.
You shall not disclose any Confidential Information without Newsoc Hub’s prior consent. “Confidential Information” means any of Newsoc Hub’s proprietary information, technical data, trade secrets, or know-how relating to the Services, including, but not limited to, reports, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other information made available to you either directly or indirectly that is marked confidential or would commonly be considered confidential under the circumstances for which it is presented. Confidential Information shall not include information:
Notwithstanding the above, you may disclose the amount of payments we issue to you from your use of our Services.
Representations and Warranties
You represent and warrant that:
you have obtained all required authorizations to be bound by these Terms;
you are authorized to act on behalf of the owner or are the owner of each Property;
you have control over the manner in which our Services are performed on each Property and have the right to make decisions in relation to each Property;
the performance or entering into these Terms will not constitute a violation of any third-party rights or agreement you have entered with a third party; and
all information and authorizations provided by you are accurate, complete and up-to-date.
Payments to you are based on the billing criteria specified by Newsoc Hub (i.e. based on cost per thousand impressions). You shall be entitled to 70% of the payments received from our advertisers/advertising agencies for any associated use of your Properties (“Advertising Fees”), while Newsoc Hub and the advertising agencies (if applicable) shall be entitled to the remaining 30% of the Advertising Fees. Payments will be calculated based on our accounting and you are entitled to payment for your use of Services that we have been paid. If we have not received payment from our advertisers/advertising agencies, you will not be entitled the payment for any associated use of the Services. You shall receive a payment via the payment methods specified by Newsoc Hub (and as modified from time to time), within the time period specified by Newsoc Hub on condition that your Properties have been in compliance with our Terms for the entire advertising period for the Ads. You shall be responsible for providing accurate and up-to-date payment information to us. We shall be responsible for all taxes (if any) associated with the transactions between you and us in connection with the Ads placed on the Properties. You shall be responsible for all taxes (if any) associated with the Services, other than taxes based on Newsoc Hub's net income. All payments to you in relation to the Services will be treated as inclusive of tax. If we are investigating any suspected breach of these Terms, in addition to any other rights, we may suspend your Account and payment to you may be delayed or withheld without prior notice. We may withhold and offset any payments owed to you under these Terms against:
If any restricted activity is detected (either prior to or after payment made to you for that related activity), Newsoc Hub will be entitled to adjust future payments to you and refund advertisers/advertising agencies their payments made to us in relation to the associated use of your Properties. You expressly agree that in the event Newsoc Hub issues such refunds to advertisers/advertising agencies, you will not be entitled to any payment for any related use of the Services.
To the fullest extent permitted by law, our Services are provided on an “as is” and “as available” basis without representations, guarantees and warranties of any kind, either express or implied, (including without limitation, merchantability, title, fitness for particular purpose, non-infringement, compatibility, security, accuracy and completeness, as well as any implied terms arising out of any course of dealing or usage of trade, which are not expressly set out in these Terms) and may be withdrawn and/or changed at any time without prior notice.
You shall use our Services at your own risk and we make no guarantee in connection with the Services or the content within the Services, include, but without limitation, that each Property will receive Ads, or the availability, reliability and profitability of the Services. Newsoc Hub shall not be responsible for:
You shall indemnify and hold harmless Newsoc Hub and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors, assigns and advertisers from and against any and all damages, liabilities, costs, expenses, claims, and/or losses of any kind (including reasonably legal fees and costs) relating to any third-party allegation or legal proceeding to the extent arising out of or related to the Properties, your use of the Services or any breach of these Terms by you. For the purpose of this Section, our advertisers are intended third-party beneficiaries.
Limitation of Liability
These Terms do not intend to express or imply any warranty that the Services will be uninterrupted, in a timely manner or error-free. Newsoc Hub’s maximum liability to you under these Terms shall not, for any reason, exceed the aggregate amount received and retained by us in connection with the Services during the 3-month period immediately preceding that date of the claim.
Notwithstanding anything to the contrary herein: (i) in the event that Newsoc Hub fails to deliver any of the Services in accordance with requirements under these Terms owing to a fault or delay caused by the Publisher, Newsoc Hub shall not be responsible or liable for such failure to deliver and any damages caused as a result; (ii) in no event shall Newsoc Hub be responsible for any consequential, special, indirect, exemplary, punitive damages, or losses and expenses whether in contract, tort or any other theory, arising from any failure to timely deliver the Services; and (iii) Newsoc Hub shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, Internet and/or electrical outages, computer viruses, acts of God, riot, explosion, strikes whether legal or illegal, shortages, war, acts of terrorism or any other condition beyond the control of Newsoc Hub affecting delivery in any manner.
If we are investigating any suspected breach of these Terms or a Restricted Activity, in addition to any other rights, we may suspend or terminate your Account or engagement of any Property in our Services. In the event your Account is terminated due to the above reasons, you will not be entitled to any future payment for your prior use of our Services. If you are in breach of any of these Terms, we may suspend or terminate your Account or engagement of any Property in our Services. The right to suspend is without prejudice to any other equitable and legal rights that Newsoc Hub may have and you shall be responsible for all reasonable expenses incurred by Newsoc Hub in relation to such breach. If you wish to dispute termination of your Account or any payment made or withheld, you must notify us within fourteen (14) days of such event.
We may terminate your use of our Services by giving fourteen (14) days written notice to you if:
You may terminate your use of the Services via the Account. Your Account will be deemed terminated within 14 days of our receipt of such application.
For the purpose of improving our Services, you expressly authorize Newsoc Hub to conduct regular tests relating to your use of the Services without giving prior notice to you.
Nature of Relationship
The Parties agree that they are independent contractors and nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other.
No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of any or any such right, power or remedy. Any right, power or remedy under these Terms is intended to be cumulative and in addition to any other rights, powers or remedies we have in law.
These Terms shall be construed and governed in accordance with the laws of Hong Kong Special Administrative Region (“HKSAR”) and the Parties agree that any dispute between the Parties arising under, out of, in connection with or in relation to these Terms or the breach thereof (which the Parties cannot amicably settle between themselves within thirty (30) days of either Party serving a notice on the other Party of the existence of such a dispute) shall be finally settled under the exclusive jurisdiction of the courts of HKSAR.
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions shall not in any way be affected or impaired.
Neither Party may, without the prior written consent of the other Party, assign, subcontract, or delegate its obligations under these Terms.
All notices required to be given under these Terms shall be in writing. Except for legal service, notice will be treated as given on receipt, as confirmed by written or electronic means.
These Terms, together with the Service Order, constitute the entire agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings on those subjects.