In short: These Terms apply when you visit publisherzera.com or use PublisherZera services. Use the site honestly and lawfully. Our content belongs to us. We provide the site "as is" and our liability is limited. If you are a publisher who monetizes a site with us, the Publisher Agreement also applies and takes priority on monetization matters.
Please read these Terms of Service ("Terms") carefully. By visiting our website, applying to join, or using any of our services, you agree to these Terms. If you do not agree, please do not use the website or the services.
1. Who we are
PublisherZera is a brand of PublisherZera LLC (pending formation), a limited liability company organized in New Mexico, USA ("PublisherZera", "we", "us" or "our"). Our address is Business address (US mailing address to be added).
PublisherZera provides monetization and ad-operations services for independent digital publishers. This includes reviewing publisher applications, helping publishers set up and manage advertising on their websites, ad operations support, reporting, brand-safety and invalid-traffic protection, and help with ads.txt and sellers.json setup.
In these Terms, "you" means any person who visits our website or uses our services. If you use the services for a company or other organization, "you" also means that organization, and you confirm that you have authority to accept these Terms for it.
2. What these Terms cover
These Terms apply to:
- our website at https://publisherzera.com and any pages on publisherzera.com (the "Site");
- the application form, publisher dashboard, reports, emails and other tools we make available (together with the Site, the "Services").
Other documents also form part of these Terms:
- Privacy Policy and Cookie Policy;
- Content & Acceptable Use Policy;
- Invalid Traffic Policy;
- Copyright & DMCA Policy.
Publishers: If we accept your website for monetization, the Publisher Agreement governs our monetization relationship, including ad serving, reporting, revenue share and payments. If the Publisher Agreement (or any insertion order or onboarding form under it) conflicts with these Terms, the Publisher Agreement prevails for that relationship.
3. Who can use the services
To use the Services you must:
- be at least 18 years old, or the age of legal majority where you live if that is higher;
- be able to enter into a binding contract;
- not be barred from using the Services under the laws of the United States or any other applicable country;
- not be a person or entity listed on a US government sanctions or restricted-party list, and not be located in a country subject to comprehensive US sanctions.
We may refuse service to anyone, for any lawful reason.
4. Accounts and applications
Some Services require you to apply or create an account. When you do, you agree to:
- give us true, accurate and complete information, and keep it up to date;
- keep your login details secret and not share your account with others;
- tell us promptly at support@publisherzera.com if you think someone has accessed your account without permission;
- accept responsibility for all activity that happens under your account.
Submitting an application does not mean we will accept you. We review every application and may accept or decline it at our discretion. See our Requirements page for what we look for.
5. Acceptable conduct
When using the Site or Services, you must not:
- break any law or regulation, or help anyone else do so;
- give false information, impersonate any person or business, or misrepresent your connection with anyone;
- apply with or submit websites you do not own or control;
- generate or try to generate invalid traffic, fake impressions or fake clicks, as described in our Invalid Traffic Policy;
- upload or send viruses, malware or any harmful code;
- try to gain unauthorized access to our systems, other accounts or data;
- interfere with, overload or disrupt the Site or Services, for example through denial-of-service attacks;
- scrape, crawl or copy the Site or our data by automated means, except standard search-engine indexing that follows our robots.txt rules;
- reverse engineer, decompile or try to extract the source code of our software, except where the law allows it;
- use the Services to send spam or unsolicited messages;
- use the Services to build a competing product, or resell the Services without our written permission;
- break our Content & Acceptable Use Policy.
6. Our content and intellectual property
The Site and Services, including text, graphics, logos, page design, software, reports and documentation, are owned by PublisherZera LLC (pending formation) or our licensors. They are protected by copyright, trademark and other laws.
We give you a limited, personal, non-exclusive, non-transferable and revocable permission to view the Site and use the Services for their intended purpose, in line with these Terms. You may print or save a copy of pages for your own reference.
You may not copy, modify, distribute, sell or publicly display our content, or use the PublisherZera name or logo, without our prior written permission. All rights not expressly given to you are reserved by us.
Other names, logos and trademarks shown on the Site belong to their owners. Their appearance does not mean those owners endorse us or are connected with us.
7. Information you send us
You keep ownership of the content and information you send us, such as application details, website information and messages. You give us permission to use that information to review your application, provide the Services, communicate with you, keep records and meet legal obligations, as described in our Privacy Policy.
If you send us ideas, suggestions or feedback about the Services, we may use them freely, without any obligation to you.
You confirm that you have the right to send us any information you provide, and that it does not break any law or anyone else's rights.
8. Third-party services and links
To deliver the Services, PublisherZera may use third-party ad platforms and demand partners, such as Google Ad Manager, as well as other providers for hosting, analytics, email and payments. These third parties are independent from us. They have their own terms and policies, and we are not responsible for their services, availability, decisions or content.
If you are a publisher, you must also follow the policies of the ad platforms and demand partners used to serve ads on your site. Those platforms may make their own decisions, such as limiting or disabling ad serving, which are outside our control.
The Site may link to other websites. We provide these links for convenience only. We do not control those websites and are not responsible for their content or practices.
9. Privacy
Our Privacy Policy explains how we collect and use personal information. Our Cookie Policy explains how we use cookies and similar technologies on the Site.
10. Disclaimers
We work hard to keep the Site and Services useful and reliable. However, to the fullest extent allowed by law:
- the Site and Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory;
- we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title and non-infringement;
- we do not promise that the Site or Services will be uninterrupted, error-free, secure or free of viruses;
- we do not promise or guarantee any level of earnings, ad fill, ad rates (CPM/RPM), traffic or results. Ad revenue depends on many factors outside our control, including advertiser demand, your traffic, your content and the decisions of third-party ad platforms;
- information on the Site, including guides and FAQs, is general information only. It is not legal, tax or financial advice.
Some places do not allow certain warranties to be excluded. In those places, some of the above may not apply to you.
11. Limitation of liability
To the fullest extent allowed by law:
- PublisherZera LLC (pending formation) and its owners, managers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising from or related to the Site or Services, even if we were told such damages were possible;
- our total liability for all claims arising from or related to these Terms, the Site or the Services (other than the Publisher Agreement) will not exceed the greater of (a) the amount you paid us, if any, in the 12 months before the claim arose, or (b) one hundred US dollars (US$100).
For publishers, liability relating to monetization is governed by the limitation of liability in the Publisher Agreement.
These limits apply whatever the legal theory (contract, tort including negligence, or otherwise). Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or willful misconduct.
12. Indemnity
You agree to defend, indemnify and hold harmless PublisherZera LLC (pending formation) and its owners, managers, employees, contractors and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or related to:
- your use or misuse of the Site or Services;
- your breach of these Terms or any policy that forms part of them;
- your websites, content or traffic;
- your violation of any law or the rights of any third party.
We will tell you about any such claim and may choose to control its defense. You must cooperate with us and may not settle a claim that affects us without our written consent.
13. Suspension and termination
You may stop using the Site and Services at any time. Publishers who want to end monetization should follow the termination steps in the Publisher Agreement.
We may suspend or end your access to the Site or Services, with or without notice, if:
- you break these Terms or any of our policies;
- we suspect fraud, invalid traffic or other harmful activity;
- we are required to do so by law, a court or a partner platform;
- we decide to stop offering all or part of the Services.
Sections that by their nature should continue after termination will continue. This includes sections 6, 7, 10, 11, 12, 14 and 15.
14. Governing law and venue
These Terms, and any dispute arising from or related to them, the Site or the Services, are governed by the laws of the State of New Mexico, USA, and applicable US federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting any formal proceedings, please contact us at legal@publisherzera.com so we can try to resolve the issue informally. If we cannot resolve it within 30 days, either party may bring a claim.
Any legal action must be brought only in the state or federal courts located in the State of New Mexico, USA. You and we agree to the personal jurisdiction of those courts and waive any objection to venue there. Either party may still seek urgent injunctive relief in any court with jurisdiction to protect its intellectual property or confidential information.
To the extent allowed by law, any claim must be brought within one year after it arose, and claims may be brought only on an individual basis, not as part of a class or representative action.
15. General terms
- Entire agreement. These Terms, together with the policies linked above and (for publishers) the Publisher Agreement, are the entire agreement between you and us about the Site and Services.
- Severability. If any part of these Terms is found unenforceable, it will be limited as little as needed, and the rest will stay in effect.
- No waiver. If we do not enforce a right, that does not mean we give it up.
- Assignment. You may not transfer your rights or duties under these Terms without our written consent. We may transfer ours, for example as part of a merger, acquisition or sale of assets.
- Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, outages of internet or hosting providers, actions of third-party platforms, government actions or labor disputes.
- Notices. We may send notices to the email address linked to your account or application, or post them on the Site. You may send notices to legal@publisherzera.com.
- Language. These Terms are written in English. If we provide a translation, the English version prevails.
- No third-party beneficiaries. These Terms do not give rights to anyone other than you and us.
16. Changes to these Terms
We may update these Terms from time to time, for example when we change the Services or when laws change. When we do, we will update the "Effective" date at the top of this page. If a change is significant, we will take reasonable steps to tell you, such as by email or a notice on the Site.
If you keep using the Site or Services after the changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Site and Services.
17. Contact
If you have questions about these Terms, please contact us:
PublisherZera LLC (pending formation), Business address (US mailing address to be added). Email: legal@publisherzera.com
For general support, email support@publisherzera.com, or use our contact page.