Legal Document
Terms and Conditions
- 1. Introductory Provisions
- 2. Acceptance of the Agreement
- 3. Terms and Definitions
- 4. Subject of the Agreement
- 5. Payment and Settlement Procedure
- 6. Limited Warranty
- 7. Advertiser Representations and Warranties
- 8. Fraudulent Activity
- 9. Rejection of Campaign Content
- 10. Confidentiality
- 11. Cancellation
- 12. Intellectual Property
- 13. Governing Law and Jurisdiction
- 14. Limitation of Liability
- 15. Refund Policy
- 16. Force Majeure
- 17. Miscellaneous
- 18. Company Details
1. Introductory Provisions
According to the provided document, "LG-PLATFORM Ltd" or "LG-PLATFORM" is a limited liability company registered under the laws of France.
The document describes LG-PLATFORM as a general purpose advertising network and advertising agency that works with various advertisers worldwide and provides the ability to launch advertising campaigns by automated means through a personal user account. It further states that campaign management is carried out through the personal user account and that LG-PLATFORM serves as an online service connecting advertisers and websites with advertising space available.
The document also states that website information is provided on an "as is" basis for general information purposes only and that LG-PLATFORM does not warrant completeness, accuracy, reliability, suitability, or uninterrupted availability of the website or information presented on it.
2. Acceptance of the Agreement
The Terms and Conditions provide that by checking the acceptance box, clicking the acceptance button, or continuing to participate in the service after publication of a revised agreement, the advertiser confirms awareness of and agreement with the advertiser agreement.
The advertiser also confirms that it has independently evaluated the desirability of participating in the company system, is legally authorized to enter into the agreement, will remain in compliance with it, and agrees to receive email communications such as newsletters, traffic monetization insights, promotions, case studies, and tutorials.
3. Terms and Definitions
The document contains an extensive definitions section. Among the main defined terms are:
- Ad(s) or Advertisement(s): graphical, interactive, rich media, video, and other online advertisements, including banners, buttons, towers, skyscrapers, pop-ups, pop-unders, and similar ad formats.
- Advertiser: the party entering into the agreement and assigning LG-PLATFORM to provide online services.
- Information Space: locations where advertising materials may be placed, including websites, software, game applications, and other services and resources.
- Company's Information Space: information space administered by the company or made available through partners with whom the company has concluded placement agreements.
- Company System: LG-PLATFORM's hardware and software complex used to provide services, place advertisements, and generate statistics.
- Account: the advertiser account used for deposit of funds and management of campaigns.
- Campaign, Statistics, Reporting Period, Active Link, Click, Impression, Action, Auction, and Partners are also expressly defined in the source document.
4. Subject of the Agreement
The agreement provides that LG-PLATFORM offers advertisers the opportunity to participate in its service and company information space by placing advertisements on web pages of partners registered in the company system. LG-PLATFORM monitors, tracks, and reports the agreed campaign in a manner and on a schedule determined by the company.
The PDF distinguishes between two service models:
- Self-Service: all services and campaigns are managed through the advertiser's account in the company system.
- Managed Service: campaign support and use of the company system are assisted by LG-PLATFORM officers.
The document also regulates account registration, the need to submit accurate information, the company's right to accept or reject registration, restrictions on multiple accounts, rules about account transfer, and the advertiser's obligation not to use aliases or otherwise mask identity.
The provided Terms and Conditions further list non-acceptable business categories, including links to terrorism, arms or ammunition, money laundering concerns, sanctioned parties, embargo-restricted activities, racist or pornographic material, unlicensed regulated entities, and political organizations.
5. Payment and Settlement Procedure
The agreement states that the cost of services is determined by the company system using an auction mechanism. Pricing depends on placement location, time frame, number of advertising materials, and other placement options periodically determined by the company.
Key provisions reflected in the document include:
- billing and reporting are based on LG-PLATFORM's reporting statistics;
- reported discrepancies must be raised within the periods stated in the agreement or the company statistics prevail;
- Self-Service requires advance deposit into the advertiser account;
- Managed Service may use fixed or unlimited budgets coordinated with LG-PLATFORM managers and may be paid by prepayment or invoice;
- advertisers are responsible for applicable taxes other than taxes based on LG-PLATFORM income;
- the company may adjust account balance for transaction fees, technical reasons, fraudulent activity, or by additional agreement of the parties;
- prices may include VAT under France VAT law and the EU VAT Directive;
- reports and unilateral acceptance acts are generated through the company system, and lack of reasoned objections within the stated period is deemed acceptance of the services rendered.
6. Limited Warranty
The PDF expressly limits LG-PLATFORM's warranties and, to the extent permitted by law, disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, uninterrupted services, complete security, and absence of software errors.
It also expressly disclaims responsibility for claims relating to advertisements, campaigns, contents, or the publication of such materials on third-party websites, including streaming sites, file-sharing sites, and adult-content sites.
7. Advertiser Representations and Warranties
The advertiser warrants compliance with ethical and commercial standards and acknowledges full responsibility if the content of a campaign is deemed invalid or illegal in any applicable jurisdiction.
Among other things, the advertiser represents and warrants that it:
- has all necessary rights, permits, and licenses to launch and manage campaigns and to operate its websites and business activities in the selected jurisdictions;
- will ensure that its servers support the traffic directed to the campaign;
- will not misuse or distribute the company system interface;
- will not allow unlawful or immoral ads, nor use copyrighted materials illegally;
- will not use automated tools, such as robots, scripts, or spiders, to generate inquiries or collect information from the company system;
- will provide requested documentation required for identification and contractual compliance within the requested timeframe.
8. Fraudulent Activity
The Terms and Conditions expressly prohibit the use of any means, devices, or arrangements to commit fraud, violate applicable law, interfere with affiliates, falsify information, or exceed permitted access to the website or company system.
In such cases, LG-PLATFORM may ban the advertiser account, withhold account balance, and take legal action to recover damage, with determinations of fraudulent activity made in the company's sole discretion.
9. Rejection of Campaign Content
The agreement gives LG-PLATFORM the right, in its sole discretion and without liability, to reject campaign content or advertisements containing inappropriate or illegal subject matter.
Examples listed in the document include:
- pornography, adult, or mature content;
- illegal activity;
- racial, ethnic, political, hateful, or otherwise objectionable content;
- violence, obscene or vulgar language, and abusive content;
- illegal substances;
- adware, malware, viruses, phishing offers, and misleading creatives;
- purchase of weapons or military equipment.
The document also imposes additional requirements on software and application advertisers and includes a non-solicitation clause preventing advertisers from bypassing LG-PLATFORM by directly purchasing ad space from websites inside the company system.
10. Confidentiality
The confidentiality section provides that each receiving party must not publish, disclose, or otherwise use the disclosing party's confidential information for its own purposes without prior written approval, except in the cases set out in the document.
The source document includes standard exceptions for information in the public domain, prior lawful possession, lawful receipt from a third party, independent development, or prior written consent. It also addresses disclosure to professional advisers, compulsory disclosure by law or authority, and return or destruction of confidential information after termination or expiration upon request.
11. Cancellation
Either party may cancel an advertising campaign and terminate the agreement with 48 hours' written notice, subject to the additional immediate termination rights stated in the document.
LG-PLATFORM may immediately stop a campaign or terminate the agreement where, among other cases, the advertiser uses the service in connection with a crime, causes losses or risk of loss, violates governing law, fails to pay agreed fees, materially breaches the agreement, or becomes insolvent. In these cases, the company may immediately block the account and withhold remaining funds as a fine.
The agreement also addresses blocked accounts, inactivity, automatic blocking when balance conditions are met, account deletion after inactivity, and states that deletion of an account does not necessarily mean that user data will be erased.
12. Intellectual Property
The document grants a non-exclusive, non-transferable, revocable right to use the service and access the company system solely in accordance with the agreement.
It also states that the advertiser may not alter, modify, manipulate, translate, disassemble, or create derivative works based on LG-PLATFORM graphics, copy, software, or other materials and that all rights not expressly granted are reserved by LG-PLATFORM.
13. Governing Law and Jurisdiction
The Terms and Conditions expressly provide that the agreement and disputes or claims arising out of or in connection with it are governed by and construed in accordance with the law of France.
The document further provides that, for the sole benefit of LG-PLATFORM, the courts of France shall have exclusive jurisdiction, while preserving the company's right to take proceedings in other courts of competent jurisdiction where permitted.
14. Limitation of Liability
The limitation of liability section states that in no event shall LG-PLATFORM be liable for damages of any kind arising from use of the site, operation of a program, or display of creatives, including special, indirect, incidental, punitive, or consequential damages, even if advised of the possibility of such damages.
The document also states that the company system, information, content, and services are provided on an "as is" basis and that use of the service and company system is at the advertiser's own risk.
15. Refund Policy
The source document allows refund requests by written email to service@lg-platform.com in the cases described in the agreement.
- refunds apply only to unused funds as calculated based on LG-PLATFORM statistics;
- refunds apply only to actual payments made by the advertiser;
- requests are considered legitimate only if sent from the email used for advertiser account registration;
- the advertiser has six months from the last payment date to request a refund of the remaining balance, subject to compliance with the agreement;
- after a second deposit, refunds are only available for balances above USD 200 and may be subject to a 10% processing fee;
- refunds may be credited back to the same payment method and account used for payment;
- refunds are not acceptable where the advertiser breaches the agreement or other agreed terms.
16. Force Majeure
The force majeure clause covers events beyond the parties' control occurring after the effective date, including war, mobilization, epidemic, fire, natural disasters, traffic accidents, and legislative changes, provided they meet the conditions stated in the agreement.
The affected party must notify the other party within the periods specified in the document regarding commencement and cessation of the force majeure event.
17. Miscellaneous
The provided Terms and Conditions also include clauses on:
- entire agreement and precedence of the agreement in the legal relationship of the parties;
- independent contractor relationship;
- waiver;
- survival of representations and warranties;
- time limits for service-related claims;
- headings being used only for convenience and not for interpretation.
18. Company Details
The company details stated in the PDF are:
- LG-Platform
- Registered number: 949853394
- Address: 73 Rue Du Chateau 92100 Boulogne-Billancourt
- service@lg-platform.com
