The following terms and conditions and any other documents referenced herein govern your use of Heyzap, Inc.’s (“Heyzap”) network for the purposes of placing media and advertising campaigns. If you are not an advertiser, these terms and conditions do not apply to your use of the Heyzap Network and/or the Heyzap application.
1. IAB Standard Terms. In using the Heyzap network (“Heyzap Network”) for media and advertising campaigns (“Campaign”), you agree to abide by the terms and conditions set forth in the IAB 3.0 Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less (“IAB 3.0”), effective December 2009, and as modified in this Agreement.
2. Additional Agreements: Your use of the Heyzap Network is subject to the following documents in the set order of precedence:
- Heyzap Network Advertiser’s Agreement
- Heyzap Service Order
To the extent that any of the terms and conditions in each agreement may conflict, this Advertiser’s Agreement will have precedence over any other agreement between the parties. Where possible, the parties shall make every effort to interpret the agreements in such fashion as to avoid conflict.
4. Amendments to the IAB 3.0. The IAB 3.0 is amended as follows:
4.1 Section V(b) Cancellation and Termination For Cause is deleted in its entirety and replaced with the following:
4.2 Section X(a) Indemnification is deleted in its entirety.
4.3. Section XI Limitation of Liability. The following sentence is added to the end: In no event will Media Company’s liability to Agency or Advertiser exceed the value of the IO under which any potential breach arises.
4.4 Section XIV(d) Miscellaneous, Conflicts; Governing Law: Amendment. The first blank shall read as “the State of California.” In the second bank space, the space will read “in an individual action before the federal or state courts located in San Francisco, California.” The following shall be added to the end: Advertiser and Agency waive their right to participate in any class action that may arise now or in the future related to the Heyzap Network.
5. Installation Tracking. Heyzap tracks all installations based on a 14-day tracking window.