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Terms and Conditions

§ 1 Subject of the Agreement

Magpie & Friends Ltd. ("Magpie") offers a network on the Internet (hereinafter "Magpie Network") which allows you (the "Advertiser") to publish advertisement messages ("Advertisements") through the micro-blogging service "Twitter". Therefor, the Advertisements are being incorporated within the context of users of the micro-blogging service (the "Publishers"). The Publisher's micro-blogging messages (all together the "Micro-Blog") are published through various channels such as Websites or specific software clients to the subscribers of the Micro-Blog (the "Followers"). The Advertisements are displayed along the Publisher's other messages. The Advertiser will only be charged for any sucessfully published Advertisement in accordance with these Terms and Conditions.

TWITTER IS A TRADEMARK OF TWITTER INC. EXPLICIT NOTIFICATION IS HEREBY MADE THAT MAGPIE IS NEITHER AFFILIATED WITH TWITTER INC. NOR WITH ANY OF THEIR PRODUCTS.

§ 2 Participation in the Network

  • By registering on the Magpie Network as Advertiser you agree to accept all present Terms and Conditions. The Advertiser affirms to be over 18 years of age, and fully able and competent to enter into the terms and conditions of this agreement. Additionally, the Advertiser must have an account with PayPal.
  • After registration, the Advertiser can define one or more advertising campaign ("Campaigns"). Each Campaign comprises the Advertisement, which is the text message to be published of maximum 130 characters length. Further, the Campaign's subject is specified by one or more keywords ("Keywords") characterizing the desired target group for the Campaign. Each Keyword must be weighted by defining a maximum price of Cost per Mille ("CPM"), where for the Magpie Network this measure is defined as cost per 1000 Followers of a Publisher.
  • Once a Campaign is set up and approved by employees of Magpie, the Magpie Network will automatically try to identify appropriate Publishers by the content of their Micro-Blogs and the number of their Followers. If multiple active Campaigns of different Advertisers qualify for the same Publisher, allocation is decided upon automated bidding based on the specified CPM for each matching Keyword. If one or more Publishers could be successfully assigned for the Campaign, the Advertisement shall be published in the context of the Publishers' Micro-Blogs.

§ 3 Duties of the Advertiser

  • The Advertiser warrants that the content of her Advertisements do NOT
    • contain discriminations or defamations regarding race, gender, religion, nationality, disability, sexual preference or age
    • comprise messages which glorify violence or contain sexually explicit or pornographic statements
    • infringe copyright, trademark or other third party intellectual property rights
    • compromise the Publisher's reputation, brand or business
  • The Advertiser warrants to provide correct and complete data at registration. Should any of this data change at a later point, the Advertiser is obliged to update her data on the Magpie Network.
  • The Advertiser warrants to keep the access data for Magpie Network confidential and not to provide it to third parties.
  • If the Advertiser is subject to turnover tax, she is obliged to submit her tax payer identification number issued by her local tax authority or the VAT identification number via the designated forms on the Magpie Network.

§ 4 Remuneration

  • For the payments, a dedicated account is set up for the Advertiser. This account can be credited by the Advertiser with predefined amounts from a PayPal account. Credit transfers from bank accounts other than with PayPal are not feasible. No interest will be paid on the credit balance of this dedicated account.
  • For each Campaign, the Advertiser must define a total budget, and a maximum budget per day. The Advertiser must ensure that the account balance is sufficient to meet the defined budgets, otherwise her Campaigns will not be considered for publishment.
  • For any sucessfully published Advertisement on a Publisher's Micro-Blog, the Advertiser's dedicated account will be debited for the remuneration. The amount depends on the resulting CPM from the automated bidding and the Publisher's number of Followers at the time of publication.
  • The Advertiser can check the status of her Campaigns and the balance of her account by logging on to the Magpie Network.

§ 5 Termination

  • This agreement is concluded for an indefinite term. Both parties may terminate the agreement at any time in text form (e-mail, letter, fax). Additionally, the Advertiser may terminate this agreement by using the designated button on the Magpie Network. Magpie further reserves the right to terminate the Advertiser's access to the Magpie Network with immediate effect, with or without cause and with or without notice.

§ 6 Liability

  • Magpie shall use reasonable endeavors to ensure continuous provision of the Magpie Network to Advertisers and Publishers. However, Magpie will make no warranty that the availability of the Magpie Network will be without interruption or delay and that the provided information thereon is error-free.
  • In case of malfunctioning of the Magpie Network or unavailability of the Internet, Magpie shall not be held liable for any damages in respect of consequential losses such as loss of profits or others.
  • The Advertiser acknowledges that Magpie has no control over the content of the Publisher's Micro-Blog. Further, Magpie accepts no liabilities or makes no warranties as to the Publisher Micro-Blog's compliance with the Campaign's subject, its satisfactory quality, or the volume of successfully published Advertisements.
  • Magpie makes no warranty or representation in respect of the number of Publishers that may subscribe to and use the Magpie Network. Further, Magpie makes no guarantee that it will not provide the Magpie Network to the Advertiser's competitors.

§ 7 Indemnification

  • The Advertiser agrees to indemnify and hold harmless Magpie and the Publisher from and against any claims, demands, liabilities, damages and losses, arising out of or relating to, the Advertiser's violation of any law or regulation, or the Advertiser's breach of these Terms and Conditions.

§ 8 Data Protection

  • Magpie is very concerned with protecting the Advertiser's privacy. Reasonable measures are undertaken to prevent unauthorized access to any personal information.
  • The Advertiser entitles Magpie to store all personal information submitted by the Advertiser and use the data as is necessary in order to operate participation in the Magpie Network.

§ 9 Modification of the Terms and Conditions

  • Magpie reserves the right to amend these Terms and Conditions at any time. The Advertiser will be informed by e-mail about the modified conditions at least two weeks prior to the effective date. The Advertiser's continued use of the Magpie Network after the amendments have become effective is deemed acceptance of the changes by the Advertiser.

§ 10 Final Provisions

  • If any part of these Terms and Conditions is held invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. Such invalid provision will be replaced with a valid and enforceable provision that achieves the economic, business and other purposes of such invalid or unenforceable provision the closest possible.
  • The Advertiser agrees that any rights and obligations under these Terms and Conditions may not be transferred, assigned, licensed or otherwise alienated unless permitted expressively and in written form (e-mail, letter, fax) by Magpie.
  • These Terms and Conditions and the contractual relationship with the Advertiser is governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  • As far as a place of jurisdiction may be agreed between the parties the place of jurisdiction shall be Berlin.

Last updated on: 15.10.2008

© Magpie & Friends Ltd.

Refund policy

Magpie operates on a prepaid basis. You need to fund your account before we start running your campaigns. All amounts due are deducted from your deposited funds tweet per tweet in real time. We generally refund entirely unused deposits without asking any questions within the first 60 days. Partially used amounts or amounts deposited earlier than 60 days in the past cannot be refunded. They do not expire and can be used for Magpie campaigns.

Allowed and Prohibited Content

Before a campaign can be aired on the Magpie network, the proposed message and all linked sites are screened by our compliance team. Magpie will not publish messages that promote or contain any content that is in violation of our advertising terms. All campaigns containing or relating to gambling, sexually explicit, violent, illegal, or otherwise offensive or deceptive services or goods are strictly turned down and are not permitted access to the network.

Magpie is also no place for multi-level or pyramid marketing schemes, as well as any kinds of "make money quick" programs.

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