These Advertising Terms & Conditions (the “Terms”) govern the use of advertising services offered by Zavienta (herein referred to as the “Platform”) to you, the advertiser and/or the agency on behalf of advertiser, or agency, as applicable (“You” or “Your”).

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These Terms may be incorporated into any other agreement entered into between You and the Platform. By using the Platform for advertising, You agree to these Terms. To the extent there is a conflict between these Terms and any separate agreement, these Terms shall prevail, unless expressly overridden in writing in any other written agreement executed by both parties.

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The Platform may, at its sole discretion, modify these Terms at any time by posting such modifications on the Company’s website. The updates made to comply with legal or regulatory requirements, or addressing new products or services, will be effective immediately when posted unless stated otherwise. Any capitalized terms not defined herein shall have the meanings assigned to them in the Terms of Service or other applicable agreement. Any headings, or similar references, contained in these Terms are for reference only and shall not be interpreted to limit or otherwise affect these provisions.

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1. RESTRICTIONS ON RE-TARGETING / REPURPOSING

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1.1. Unless the Platform has given prior written authorization, the Advertiser and/or its agency shall not use any data collected in the course of an advertising campaign, including but not limited to user interactions, impression counts, or audience behaviour (collectively, "Campaign Data"), for the purpose of retargeting, creating audience profiles, or any other form of data-driven reuse, whether for internal analysis or commercial purposes.

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1.2. Notwithstanding the foregoing, the Advertiser and/or its agency may use aggregated, anonymized performance metrics solely for internal reporting and analysis, provided such use does not involve combining Campaign Data with any of the Platform’s proprietary audience data, site analytics, or any insertion order-specific terms (“Confidential Media Details”). 

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1.3. The Advertiser and/or its agency further agrees not to disclose, transfer, or provide access to any Confidential Media Details or Campaign Data to any third party, affiliate, or vendor, except where it is absolutely necessary to run the Advertising Material and the Platform has approved in writing subject to appropriate confidentiality obligations.

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2. PAYMENT TERMS

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2.1. Unless a different agreement is agreed to in writing, all payments due to the Platform shall be made in accordance with the agreement executed between You and the Platform.

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3. ADVERTISING MATERIALS

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The terms below will apply only to the extent these advertising materials are provided by You.

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3.1. You may provide creative elements, including artwork, logos, product images, copy, trademarks, or other materials ("Advertising Materials") to be published on the Platform. By doing so You warrant that You have secured all necessary rights, clearances, and licenses for the use of such Advertising Materials. You grant the Platform a non-exclusive, royalty-free license to use, modify, and display these Advertising Materials.

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3.2. Representations and Warranties: You represent and warrant that all Advertising Materials (including but not limited to any product samples) are safe, lawful, and comply with all applicable laws, rules, and industry standards. You further represent that such materials do not infringe any third-party rights.

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3.3. You acknowledge and agree to be solely responsible for ensuring compliance with applicable legal and regulatory obligations, including Federal Trade Commission ("FTC") endorsement guidelines.

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3.4. You hereby grant the Platform a non-exclusive worldwide license to use your trademarks, brand names, copyrights, and other proprietary marks (collectively, "Your Marks") solely to the extent required to perform the Platform’s obligations.

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4. PROPRIETARY CUSTOM AD UNITS PRODUCED BY THE PLATFORM

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4.1. You acknowledge and agree that the Platform may design and produce Custom Ad Units using Your brand name, logo, product images, and other brand assets made available by You for the purpose of promoting Your brand on the Platform. All rights, title, and interest in and to such Custom Ad Units shall vest exclusively in the Platform. You further agree that such Custom Ad Units may not be reproduced, adapted, or distributed outside the Platform without the Platform’s prior written consent.

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5. PUBLICATION OF ADVERTISING MATERIALS

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5.1. You acknowledge that Advertising Materials are published without any guaranteed minimum views, and that follower counts or subscriber list sizes are subject to fluctuation. The Platform will be solely responsible for delivering these placements, and the use of third-party ad serving or tracking tools for billing or measurement purposes is expressly prohibited.

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6. ADVERTISING CONTENT GUIDELINES AND ACCEPTANCE TERMS

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6.1. You acknowledge that these Terms ("Ads Policy") are established to preserve and enhance the quality of the user experience across our digital platforms and apply to all content You submit, whether directly or on behalf of an advertiser.

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6.2. You acknowledge that We take the integrity of the reader experience very seriously and any attempt to circumvent or manipulate this Ads Policy is strictly prohibited. If You breach this Ads Policy, the Platform reserves the right, at its sole discretion, to suspend or terminate Your ad account(s) for severe or repeated Ads Policy violations, without any obligation to refund any costs or expenses incurred by You. The Platform reserves the unilateral authority to reject, remove, or require modifications to any Advertising Material if it fails to comply with this Ads Policy. Where prior approval is necessary under this Ads Policy, You agree to coordinate with the relevant client support team before proceeding.

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6.3. You acknowledge that this Ads Policy may be amended or updated periodically without prior notice, and You bear the responsibility to review it regularly. By submitting advertising content on the Platform’s platforms, You agree to fully abide by this Ads Policy as well as the Platform’s Terms of Service and Privacy Policy.

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6.4. You are responsible for ensuring that any tracking pixels, scripts, or third-party integrations comply with the Platform’s technical and security standards. The Platform reserves the right to reject or remove such components if they impact Platform’s functionality or compromise user privacy.

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6.5. You are solely responsible for verifying the accuracy and legality of all advertising materials submitted. The Platform shall not be responsible for typographical errors, inaccurate information, or any regulatory non-compliance related to your advertising content.

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6.6. General

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• You agree that both You and all advertising content You submit must comply with the terms as outlined in the Platform’s Terms of Service.

• You represent and warrant that all advertising content is truthful, accurate, substantiated, and appropriate for a general audience.

• You are solely responsible for ensuring that Your advertising content and practices comply with all applicable laws, regulations, industry standards, and guidelines in every jurisdiction where Your ads may appear.

• You warrant that Your representations regarding Your content and practices are honest and not misleading in any respect.

• In the event that any applicable law or regulation changes in a manner that makes it impossible or unlawful for the Platform to perform its obligations, the Platform, at its sole discretion, is entitled to terminate the relationship with You without any further liability.

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6.7. Prohibited advertising content

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You shall not submit advertising content that:

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• Contains false, deceptive, or misleading content;

• Targets or appeals directly to children or other vulnerable groups through messaging, visuals, or targeting;

• Makes unsubstantiated therapeutic claims;

• In the case of cannabis or CBD ads, employs cartoonish imagery or depicts consumption of such products;

• Is exploitative or emotionally distressing, including portrayals of abuse toward humans or animals;

• Promotes actions or practices that may cause physical or mental harm;

• Includes pornography or explicit sexual content;

• Encourages or glamorizes excessive consumption of drugs or alcohol;

• Contains gratuitous violence or gore;

• Exploits sensitive events such as natural disasters, events of mass trauma, or public figure deaths;

• Advocates for or demeans any religion;

• Contains threatening, abusive, harassing, discriminatory, or hateful content against any protected class based on race, colour, national origin, religion, sex, sexual orientation, disability, age, or any other characteristic.

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6.8. Prohibited Products and Services

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You acknowledge and agree that the following products and services are strictly prohibited from being promoted in advertising content on the Platform’s platforms:

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• All forms of weapons;

• Tobacco products and related items, including e-cigarettes and vaping devices;

• Escort services;

• Weight loss supplements classified as fat burners or fat blockers;

• Get-rich-quick models or pyramid schemes;

• Any products, services, technologies, or website content that (i) infringes upon or facilitates infringement of intellectual property rights or personal rights of third parties, or (ii) promotes illegal or dangerous activities such as false documentation, counterfeit goods, fireworks, hacking tools, or tools designed to evade law enforcement.

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6.9. Political Advertising

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• You agree that political advertising content will only be accepted from authorized Political and Advocacy advertisers, provided that it is submitted using banner formats.

• Such content is restricted exclusively to the Platform’s owned and operated digital properties. Advertising content addressing political issues subject to public debate is strictly prohibited.

• The Platform disclaims any obligation to produce branded content, social media posts, or rich media advertisements for political or advocacy campaigns.

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6.10. Contests, Sweepstakes, and Competitions

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• You are solely responsible for ensuring that all advertising content relating to contests, sweepstakes, or competitions includes all required disclosures as mandated by applicable laws and regulations and You further warrant that Your advertising will not misrepresent the likelihood of winning.

• Your advertising content must clearly state that official rules apply, and You must include a disclosure directing the reader to the relevant terms and conditions.

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