General terms of trade


Introduction

The general terms of trade for the advertisers' system represent a legal agreement between the advertiser (a private individual or legal entity) and company Httpool d.o.o., and regulate lease of advertising space on online advertsing networks. Every advertiser wishing to advertise in the Httpool AdPlatform system is obliged to accept these general terms of trade. 

Definitions

Httpool AdPlatform: is a system of different networks for online advertising; Httpool AdPlatform is based on the basic premise of linking supply and demand on the online advertising market, whereby it emphasises the partnership in this emerging advertising triangle (advertiser, Httpool AdPlatform system provider, publisher).Website: A website is a combination of all the web pages on a specific web address (domain) that are interconnected through navigation. Web page: A web page is an individual page (on a specific web address) within the website and is displayed in one window within the browser. Navigation through the web page is possible with the help of a scroll butoon on the right-hand side of the page, mouse or another suitable device.Advertisement: An advertisement is a public message whose publication is ordered by a legal entity or private individual in order to increase sales of goods, services, rights or obligations, obtain business partners or generate a reputation and goodwill in public. Advertisements are published against payment or other similar compensation, or with the purpose of self-advertising. Advertisements are defined by the location of publication (position on the website and respective web page), terms of display (based on scope or key words), content (graphic or text advertisement) and URL address.Advertising campaign: an advertising campaign is the smallest advertisement unit on offer. It is managed as an undividable whole, with its own name, ID number and statistics. It is composed generally of displaying one or several advertisements on one advertising location, whereby all advertisements are intended to promote one website. The design of individual advertisements within an advertising campaign may take on different variations.Design: the design in a graphic advertisement includes text and graphic contents of the advertisement, while text advertisements only include the text of the respective advertisement.Visitor: visitors are designated as such when they visit any web page within a respective website. Visitors are considered all clients with enabled cookies and who send a request for display of any content to the website manager's server.Key word: a key word is a word or a term that the advertiser purchases for the contextual targeted advertising for key words within the system.  Click: a click is a user's interaction with the displayed advertisement. A click is considered to have been carried out when a usre positions his cursor on an advertisement and clicks on it by triggering the process of redirecting to the advertiser's web presentation. Therefore, clicks are acknowledged as soon as the user is directed to the advertiser, and it is not necessary that the latter actually arrives at the target location. Clicks are recorded as rendered on the Httpool AdPlatform advertising server once it receives a request for redirection from the user's browser, and subsequently sending a response.Display: a display is providing advertising content as a reaction to a request for an advertisement to display in the window of the user's browser. Displays are recorded on Httpool AdPlatform advertising server.

Confirmed display: in addition to information on the fact that an advertisement was displayed, advertisements also provide the Httpool AdPlatform system with data on duration of the display and even saturation of visible advertising space. Confirmed displays are displays of those advertisements that appear on a user's monitor for at least two seconds and which are not accompanied by a group of other advertisements.CTR (click-through-rate): CTR is the ratio between the number of clicks per individual advertisement and the number of associated displays, showing the percentage of users the advertisement was displayed to, who actually clicked on the advertisement. This parameter shows the efficiency of an advertisement and depends on a number of factors, such as the objectives of an advertising campaign, the attractiveness of the advertisement's content and the harmonisation of the advertisement's content with the target audience, display frequency, etc.Pay-per-view: when charging per display, the advertising space provider charges rendered advertising based on the number of confirmed displays of a respective advertisement.Pay-per-click: when charging per click, the advertising space provider charges the rendered advertising based on the number of clicks on a displayed advertisement. The advertiser only pays for those advertisements which users click on, upon which thez are actually redirected to the advertiser's online presentation.Advertiser: an advertiser is anyone selling products or services, or anyone wanting to increase traffic on his website. The advertiser uses the system to set up banners and text links to publishers' websites and pays the respective publisher a commission fee for every click on the advertisement.

Publisher: a publisher is the website administrator who controls its contents and is authorised to conclude an agreement with the provider of Httpool AdPlatform for access to the system.

Provider

The owner of the ToboAds system is company Tobonet spletni sistemi d.o.o., Cesta v Gorice 8, 1000 Ljubljana, entered in the Companies Register at the District Court in Ljubljana under file no. 1/41579/00, with a nominal capital of 8,763.15 EUR, registration no. 2088053, VAT ID no. SI 53752449.

The owner and management of the Httpool AdPlatform system is company Httpool, spletna oglaševalska mreža, d.o.o., Cesta v Gorice 8, 1000 Ljubljana, entered in the Companies Register at the District Court in Ljubljana under file no. 1/33686/00, with a nominal capital of 41.729,00 EUR, registration no. 1554301, VAT ID no SI 81931247.

Entering the System

The process of purchasing advertising on the Httpool AdPlatform is automatic and runs entirely through the user interface at https://cp-si.httpool.com.  The process is as follows:

  1. Users fill out the registration form for the Httpool AdPlatform in full on www.httpool.com by providing true and updated information

  2. Users accept the general terms for the Httpool AdPlatform at www.httpool.com, which represents a legally binding agreement between the user and the Httpool AdPlatform provider

  3. Advertisers create an advertising campaign at www.httpool.com, which may include the following elements:

    1. Total advertising budget for the whole advertising campaign

    2. The total number of purchased clicks

    3. The total number of purchased displays

    4. The daily advertising budget, which represents the sum to be used in the system on a daily basis, subject to sufficient advertising space availability

    5. Duration of the respective advertising campaign

  4. The advertiser defines individual advertisements on the Httpool AdPlatform, enters their contents and sets the page the user will be redirected to when clicking the displayed advertisement

  5. The system provider verifies whether the advertiser and his advertisements meet all the conditions from these general terms within 48 hours following activation of the advertising campaign, and marks the advertiser and his advertising campaigns as either appropriate or inappropriate.

In case the system provider finds or feels that an advertising campaign is inappropriate, the provider shall be entitled to cancel the advertiser's registration/advertising campaign (in case the advertiser meets the conditions but has activated inappropriate advertising campaigns) on the Httpool AdPlatform effective prospectively, which means that from a legal point of view, the registration is invalid from the time of the cancellation and that the respective advertiser is obliged to settle their obligations for the rendered advertising services within 8 business days from the date of cancellation.

 Details which advertisers are obliged to enter in the online form for registration in the Httpool AdPlatform system include the following:  e- mail, password, name, surname, company, address, post code, city, country, telephone, fax, tax ID no., registration no. (personal ID no. in case of private individuals), bank account no. and whether the applicant is liable for VAT or not. Advertisers may change their details following entry in the system at any time by accessing the web interface at www.httpool.com.

Terms & Conditions Relevant to Httpool AdPlatform Websites

Advertisers' details will be displayed on the Httpool network, which is made up of websites meeting the following criteria and whose owner of administrator has registered in the system:

Terms & Conditions Relating to Httpool AdPlatform Advertising Space

The Httpool AdPlatform system offers advertisers several advertising formats, namely:

234x60, 300x250, 336x280, 468x60, 728x90, 120x600, 120x240, 160x240, 125x125, 160x600, 250x250

which are subject to the following guidelines that guarantee advertising quality:

Terms & Conditions Relating to Httpool AdPlatform Advertisements

Httpool AdPlatform strives to provide advertising services that are fair and are based on a consistent policy of purchasing advertising space, which benefit users, publishers, advertisers and system providers. All advertisements displayed in the system shall conform to these general terms of trade, whereas the system provider shall strive to provide an equal opportunities and non-discriminatory application of its advertising policy as far as possible. However, the application of the general terms always includes a certain element of discretion and the system provider reserves the right to reject or remove an advertisement from the system at any time and for any reason, if he feels this to be necessary in order to respect to the general terms of trade and valid legislation, or if he feels that the said advertisement or advertising campaign as a whole is illegal, incorrect, misleading or immoral, which he shall inform the respective advertiser of immediately, thereby stating the reasons for rejecting or removing the said advertisement.The general terms of trade are intended to ensure efficacy of advertising and maintain quality of the user experience, and are designed as to assist advertisers in creating efficient advertisements. Each advertisement is intended for the user, which is why it is essential that the Httpool AdPlatform system does not include any inappropriate advertisements that would reduce the number of users in the long term. The system provider therefore reserves the exclusive right of deciding on the types and contents of advertisements that are displayed in the system.

Technial-design conditions relating to Httpool AdPlatform advertisementsAll text advertisements in the Httpool AdPlatform system shall meet the following criteria:

In addition to the general terms applicable to text advertisements, all text advertisements featuring graphic images shall also conform to the following criteria:

 Substantial conditions relating to advertisements

  1. Advertisements shall not contravene valid legislation and shall adhere to the Slovenian Code of Advertising Practice drafted by the Slovenian Advertising Chamber.

  2. Advertisements shall be in Slovene language and shall be of sound spelling and grammatically correct, with the text relatively stylistically neutral and appropriate.

  3. Advertisements shall make it clear who the advertiser is (including at a minimum the abbreviated company name and the place of business, or website, if the latter unambiguously reveals the advertiser's identity).

  4. Advertisements shall not include fraudulous or insulting contents or contents that ridicule, attack or unfairly portray an individual or group based on age, origin, race, religion, gender, sexual orientation, physical disability or other personal characteristics.

  5. Advertisements shall not mislead the user or reduce the quality of the users's experience. Indicating a link to a different website or third party, when such a link does not actually exist, is not permitted. Advertisements shall refrain from using cheap techniques solicitation, such as pornography and phrases that mislead users (e.g.: "you have a virus", "you have a message", etc.). Stimulating techniques (e.g. words such as "free", "only a couple of items left", "new", etc.) may only be used if not misleading (corresponding to actual state of affairs) and subject to direct relation to a product or service, or other item of promotion which is described or presented by a respective web page.

  6. Advertisements shall not be indecent, which means they may not contain elements that are offensive or could be offensive to users or contradict morale.

  7. Advertisements shall not be misleading, which means that it shall in no way, including in presenting goods and services, mislead or be able to mislead users, whereby its misleading nature could plausibly affect the economic behaviour of users or harm competitors. Advertisements shall not take advantage of the user's inexperience or lack of knowledge, and shall not include untrue information, lack of clarity, exaggarations or other similar misleading elements.

  8. Advertisements shall be considered as misleading if they include wrong information and are thus untrue. Advertisements shall also be considered as misleading if anything, including the entire presentation, should be misleading or have the capacity to mislead an average consumer, even if the information presented is accurate with regard to one or several stated elements, and should in any case cause or have the capacity to cause an average consumer to make a decision on a transaction that he may otherwise not have taken, namely: 1. With regard to glede the existance or nature of the product; 2. With regard to the main features of the product, for instance its availability, benefits, risks, design, composition, additives, post-sale services for consumers and dealing with complaints, the process and dates of production or supply, delivery, suitability for the stated purpose, use, quantity, specification, geographical or market origin or results which may be expected from its use, or results and material characteristics of tests or reviews of the product; 3. With regard to the scope of the company's liabilities, motives for application of certain business practices and the nature of sale, any statement or indication relating to indirect or direct sponsorship or endorsement of the company or product; 4. With regard to prices or method of price calculation or certain proce advantages; 5. With regard to the need for services, spare parts, replacement or repair; 6. With regard to the nature, characteristics and rights of the company or its agent, for example his identity and assets, qualifications, status, approval, affiliation or connections and ownership of intellectual property rights or prize and awards received; 7. With regard to rights which consumers are entitled to pursuant to the law regulating consumer protection, including the right to exchange goods, refunds, warranty, material defects and improperly rendered services or other possible risks. (2) Advertising shall also ne considered as misleading if it should cause or could cause an average consumer in a specific case in considering all of its characteristics and circumstances to make a decision on a transaction which he otherwise would not have engaged in, and includes: 1. Any type of marketing of the product, including comparative advertising, which would create confusion with any othe product, brand, trade name or other distinguishing sign of a competitor; 2. Violation of the code, which the company undertook to adhere to, if: – the commitment is not only a statement of intent, but a firm commitment which may be verified, and – the company should state within the scope of a certain business practice that it is bound by the code.

  9. Advertising shall be considered as misleading if the advertiser in a certain case and inconsidering all of the characteristics and circumstances, including limitation of means of communication, omits key information which, considering the circumstances, an average consumer would require in order to make a decision while being aware of all key facts, and thereby causes or could cause an average consumer to make a decision on a transaction which he otherwise would not have made.

  10. A misleading omission shall include the following: – if in considering the aspect described hereinabove an advertiser conceals or unclearly, incomprehensively, ambiguously or untimely states key information defined hereinabove, or – if the advertiser fails to define the commercial purpose of the applied business practice or if this is not evident from its contents, and thereby causes or could cause an to make a decision on a transaction which he otherwise would not have made.

  11. The invitation to purchase shall include the following key information, if this is not already evident from its contents: – the main features of a product in a scope that applies to the means of communication and the product itself; – the geographic address and identity of the company, such as its name and if necessary the geographic name and identity of the company on behalf of which it is appearing; – the price, including taxes, or if the nature of the product renders it impossible to make a sensible estimate, the method of price calculation, including any additional transport, delivery or postal charges, or if these costs can not be sensibly assessed in advance, the fact that such additional costs may be incurred; – the type of payment, delivery, fulfilment and dealing with claims if these deviate from the requirements of professional diligence; – for products and transactions which include the right to withdrawal or right to cancellation, the existence of such right.

  12. Key information requirements shall be considered as those information requirements relating to market communication, including advertising and marketing, which are included in consumer protection regulations, securities regulations, insurance and medicines, and are in accordance with EC regulations.

  13. Misleading advertising shall be considered as such particularly if the advertiser: 1. States that he is a consignee of the code of practice, even though he is not; 2. Displays a mark of trust, quality mark or equivalent without having obtained the necessary authorisation; 3. States that the code of practice has been aprroved by a public or other organisation, if that is not the case; 4. States that he meets conditions necessary to obtain a suitable permit or that a public body or other organisation has issued a suitable permit for the product, if that is not the case; 5. Invites consumers to purchase products at a specific price without revealing the fact that there are justified grounds based on which: – he shall not be able to ensure delivery of certain products or their equivalents at the stated price, for a suitable period and in suitable quantities with regard to the product, the scope of advertising and the tendered price, or – will not be able to guarantee that the products will be provided by another company subject to the terms set forth hereinabove (»bait« advertising). 6. Invites consumers to purchase products at a specific price while not showing them the advertised product, or will not take orders for the product or deliver it within a reasonable time or show a defective sample with the aim of promoting the sale of another product (»bait-and-switch« technique); 7. Falsely states that the product will be available for a limited period of time or subject to special terms for a very limited time in order to drive the consumer to make an immediate decision and deprive the consumer of opportunity or time to make a choice based on the available information; 8. Undertakes to provide consumers whom he communicated with prior to completing the transaction in a language that is not the official language of the member state where the company is based a post-sales service, and then offering this service exclusively in another language, without making consumers clearly informed thereof before committing to complete the transaction; 9. States or otherwise creates the impression that the advertised product may be legally sold, if that is not the case; 10. Presents rights which consumers are legally entitled to as a special offer; 11. Uses media programme content to promote the product and pays for the promotion himself, without distinctly stating this fact in the contents, image or audio content that the consumer is able to easily recognise. 12. States substantially erronous claims with regard to the nature and scope of the risk to the personal safety of the consumer or his family, if the consumer does not purchase the product; 13. Presents a product that is similar to the product of another manufacturer (hereinafter: the Manufacturer) by intentionally misleading the consumer into thinking that the product has been produced by the said manufacturer, even if this is not the case; 14. Establishes, manages or stimulates a pyramid system of promoting sales, whereby consumers are anticipating payment or reward based in particular on introducing new consumers into the system, and not so much due to sale or use of products; 15. Claims that he is about to terminate operations or move into new premises, even though he has no intention of doing so; 16. Claims that products can contribute to winning in games of chance; 17. Falsely claims that the product may cure illnesses, disruptions to body organ function or physical disabilities; 18. Provides materially inaccurate information on market conditions or possibilities to find the product so as to intice the consumer to purchase the said product under conditions that are less favourable than general market conditions; 19. Claim within the scope of business practice that a prize draw is being organised or that it is possible to obtain a promotional prize without actually awarding such prize or tendered compensation; 20. Marks the products as »free of charge«, »free«, »no pament necessary« or similar, if the consumer is then obliged to make any payment apart from unavoidable costs incurred as a result of his response to the business practice, i.e. costs of takeover or delivery of the product; 21. Inserts an invoice or a similar payment document in the marketing material, giving the consumer the impression that he has already ordered the advertised product,even though that is not the case; 22. Falsely claims or gives the impression that he is not pursuing ends that are related to his commercial, business, trade undertaking or professional activity, or falsely presents himself as a consumer; 23. Give the false impression that post-sale services related to the product are available in a member state that is different to where the product is being sold.

  14. Advertisement contents shall not be of such nature as to cause possible bodily, mental or other harm to children or to take advantage of their trust or lack of experience. Displaying children in dangerous situations and exploiting childrens' trust in their parents and teachers is prohibited. Inviting children directly to purchase advertised products or convincing parents or other adults to purchase the advertised products for their children.

  15. Advertising prohibits the use of aggressive business practice as well as harrassment, coercion or undue influence.

  16. Advertisements may include superlatives or comparative expressions (best, biggest, cheapest, bigger than, better than, etc.) only when these claims are backed up by research or data from independent third party sources that are stated in the advertisement or at least on the advertising page.

  17. Comparative advertisements are permitted exclusively when they are not misleading, when it compares true data relating to goods or services that meet the same needs or have the same meaning, when they impartially compare one or several objective, assigned or presentational characteristics, when they are not creating confusion on the market between the advertiser and his competitors, when they are not discrediting or degrading brands or trademarks or other distinguishing characteristics of a competitor, when they are not unfairly benefiting from the reputation enjoyed by a brand or trademark or other distinguishing characteristics of a competitor, and when they are not presenting goods and services as kot imitations or copies of goods which have a protected brand or trademark or trade name. Any comparison relating to a special offer shall be clearly and unambiguously state the date of the comparative offer. If the offer is not yet valid, it shall state the date when the price or other terms of the special offer become valid. The comparison shall state that the special offer is valid only for limited quantities of goods and services.

  18. Advertisements shall refrain from using sublimated advertising which fails to guarantee consumers consciousness comprehension of advertised contents. Exploiting accidents or circumstances whose gravity inhibit consumers' judgement, of which the advertiser is aware of but takes advantage of anyway in order to influence consumers' decisions on the respective product, is prohibited.

  19. Private individuals may only be referred to in advertisements with their explicit consent.

  20. Advertisements shall in no way promote national, racial religious or other inequality or violence and war, and inflame national, racial, religious or other hatred and intolerance.

  21. Use of advertising jargon or any other jargon within the wording of advertisements may be misleading and is only permitted in extraordinary cases.

  22. For the sake of good priklic and greater response from users, advertisements should be clear and should include an attractive message.

  23. Advertisements shall present the advertiser's page clearly and accurately, and shall be linked to the web page that most corresponds to the content of the advertisement on the advertiser's website. In case the technical nature of the advertiser's website renders the link to a specific web page impossible, the respective advertisement may be linked to a suitable more general web page, if this does not mislead consumers.

  24. The advertised page shall be publicly accessible and shall not contravene laws of the Republic of Slovenia. The advertiser shall own the advertised web page or have suitable explicit permission from the owner thereof. Advertising a web page that contains impeding or disturbing programme code is prohibited.

  25. Advertising web pages with negative promotion is prohibited.

  26. Advertising web pages with no content or web pages that are designed with the aim of redirecting or attracting users on to other web pages is not permitted.

 Specific substantial rules for individual fields of advertisingIndividual topical fields are subject to special rules. Advertising of products and services which represent a direct hazard to human health, require specific methods of use or represent special types of goods and services, is regulated by the state. Framework rules for the most popular goods and services are set forth hereinbelow, while everything else, including current regulation, is subject to valid legislation.Alcohol:Advertising alcoholic beverages, which contain more than 15 per cent alcohol, is prohibited. Only advertising of alcoholic beverages with an alcohol content of 15 per cent and less is permitted.Advertisements soliciting purchase of alcoholic beverages shall consider the following conditions:

Tobacco products:Any direct or indirect advertising and promotion of tobacco and tobacco products is prohibited.Advertising of products which are not classified as tobacco or tobacco products, but whose appearance and purpose of use directly stimulate consumption of tobacco and tobacco products, is prohibited.

Imitations and pirate goods:It is prohibited to advertise fake goods, i.e. goods that have been branded in a way that is not distinguishable from the original brand based on its basic characteristics without the brand owner's consent.It is prohibited to advertise pirate goods, i.e. goods that are copies or imitations of goods and which has been produced without the consent of the copyright or related rights or design rights holder, and if production of goods violates these rights.

Consumer credit:Advertisements that offer loans or act as brokers in obtaining loans and which stipulate the interest rate or other details relating to costs of obtaining the loan shall also include the effective interest rate. Advertisements shall state a representative and comprehensible calculation of total costs of the loan, including costs which the advertiser omitted in calculating total costs of the loan. The effective interest rate set forth in the respective advertisement shall include information on the fact that it is subject to change if certain data that was used to calculate the interest rate also change.

Medicines:Advertisements for medicinal products or medical devices shall not be misleading and shall promote sensible use thereof, whereby the respective medicinal product or medical device is presented objectivally, without exaggerating its characteristics.It is prohibited to advertise medicinal products that have not been issued authorisation for trade, including medicinal products that are not entered in the register of medical devices.It is prohibited to advertise medicinal products that are only issued upon prescription, including medicines that include psychotropic or narcotic substances.

Advertising medicinal products in the general public shall not contain data which:

- give the impression that it is not necessary to consult with your physician or veterinary or that surgery is not required, particularly attributing a diagnosis or suggesting treatment through the mail; – indicate that effects of taking the medicinal product are absolutely guaranteed, that the medicinal product has no undesirable side effects or that it is better than or equal to another form of treatment or medicine; – indicate that a person's or animal's health may only improve by taking the advertised medicinal product; – indicate that a person's or animal's health could deteriorate if the advertised medicinal product was not taken; this prohibition is not applicable to vaccination programmes; – are focused exclusively or predominantly on children; – refer to recommendations made by scientists (hereinafter referred to as: Scientist), medical professionals or other publicly known individuals, whose media influence could stimulate consumption of medicinal products; – indicate that the medicinal product is a food, cosmetic or other cosumer product; – indicate that safety and efficiency are a result of the natural origin of the medicinal product; – could lead to false self-diagnosis based on a description or similar anamnestic presentation; – use inappropriate, alarming or misleading expressions on the possibilities of recovery or – use inappropriate, concern-causing or misleading expressions, images of transformation in human or animal bodies which were caused by an illness or injury or activity of a medicine on a human or animal body or parts thereof. Direct distribution of medicinal products to end users for promotional purposes is prohibited.Advertisements may promote exclusively medicinal products that are issued without a prescription in pharmacies and specialised stores, including medicinal products with a distributing licence from the Agency for Medicinal Products.{0>Oglas za zdravilo mora vsebovati najmanj ime zdravila in INN ime, če zdravilo vsebuje eno učinkovino, informacije, ki so nujne za smotrno, pravilno in racionalno uporabo zdravila ter vidno in čitljivo opozorilo:<}0{>Advertisements promoting medicinal products shall include as a minimum requirement the name of the said product and its INN name, if the product includes just one active substance, information that is vital for sound, proper and rational use of the medicinal product, including a visible and legible warning note:<0} {0>"Pred uporabo natančno preberite navodilo!<}0{>“Read the instructions accurately before use!<0} {0>O tveganju in neželenih učinkih se posvetujte z zdravnikom ali farmacevtom.", pri čemer morajo biti črke opozorila dobro berljive oziroma tako velike, da površina, ki jo zavzemajo, predstavlja najmanj 10 % velikosti površine prostora, ki ga obsega celotno oglaševalsko sporočilo.<}0{>Please consult with your doctor or pharmacist on risks and possible side effects.”, whereby the letters of the warning shall be clearly legible or at least big enough for the area they cover to present at least 105 of the surface of the area covering the whole advertising message.<0}{0>Smiselno enako velja za oglaševanje zdravil za uporabo v veterini.<}0{>The same provisions shall sensibly apply for advertising medicinal products for use in veterinary activity.<0}

{0>Živila za hujšanje:<}0{>Dieting products:<0}

{0>Živilom je prepovedano pripisovati zdravilno lastnost v smislu preprečevanja, zdravljenja ali ozdravljenja bolezni ali jih označevati oziroma oglaševati s sliko, znamenji, izrazi ali besedili, ki bi lahko potrošnika zavedli v zmoto glede sestave, lastnosti, namena uporabe ali učinka delovanja živila.<}0{>Food products shall be prohibited from assigning healing properties in the sense of preventing, treating or healing diseases or marked or advertised with images, marks, expressions or texts that could mislead the consumer as regards the ingredients, characteristics, purpose of use or effect of the respective food product.<0}

{0>Oglas za živila za hujšanje, to je živila, ki se uporabljajo kot nadomestilo za dnevne obroke hrane, ne sme kot posledice uživanja navajati stopnje ali količine izgube telesne teže, zmanjšanja občutka lakote ali zvišanja občutka sitosti.<}0{>Advertisements for dieting products, i.e. food products that are used as a substitute for daily meals, should not state the level or quantity of weight loss, reduced appetite or increased satiety as a result of consumption of the said product.<0}

{0>Kozmetika:<}0{>Cosmetics:<0}{0>Prepovedano je oglaševanje kozmetičnih proizvodov na način, ki bi lahko zavajal uporabnika glede namena uporabe, zlasti navajanje zdravilnih učinkov.<}0{>It is prohibited to advertise cosmetic products in a way that could mislead the consumer as regards purpose of use, particularly by stating its healing effects.<0}

{0>Popusti in nagradne igre:<}0{>Discounts and prize draws:<0}{0>Oglas, ki vsebuje posebno ponudbo (popust, premijo, darilo), mora to posebno ponudbo jasno označiti ter uporabniku omogočiti lahek dostop do pogojev za pridobitev ugodnosti oziroma nagrade.<}0{>Advertisements featuring special offers (discounts, premiums, prizes) shall clearly define the special offer and shall provide consumers with easy access to the terms and conditions relating to the benefits or prizes.<0}

{0>Z oglasom je prepovedano ustvari lažen vtis, da je potrošnik tudi brez nakupa že dobil, bo dobil ali bo na podlagi določenega dejanja dobil nagrado ali drugo enakovredno ugodnost, čeprav:<}0{>Advertisements are prohibited from generating the false impression that consumers have already received, will receive or would receive a prize or other equivalent benefit based on a certain action without making a purchase, even though:<0} - {0>– nagrada ali druga enakovredna ugodnost dejansko ne obstaja ali – dejanje, na podlagi katerega je mogoče zahtevati nagrado ali drugo enakovredno ugodnost, vključuje potrošnikovo plačilo ali izpostavljanje potrošnika stroškom.<}0{>The prize or other equivalent benefit does not in fact exist or

- The action based on which consumers are entitled to claim a prize or other equivalent benefit includes payment or exposure to costs by the consumer.<0}

{0>Odvetništvo:<}0{>Attorneys’ services:<0}{0>Odvetnikom je v oglasu dovoljena izključno objava podatkov o svoji pisarni (delovni čas, naslov, področje dejavnosti, priznana specializacija in podobno), če so ti podatki resnični in se nanašajo na njegovo dejavnost.<}0{>When advertising their services, attorneys are only allowed to publish details of their offices (working hours, address, field of competence, recognised specialisation etc.) , given that the published details are true and refer to the respective attorney's activity.<0} {0>Odvetnik je upravičen informirati javnost o svoji dejavnosti pod pogojem, da je informacija stvarna, vestna in nezavajajoča, varuje zavezo o zaupnosti in je skladna z etičnimi zahtevami, ki veljajo za opravljanje odvetniškega poklica<}0{>Attorneys are entitled to inform the public of their activities given that the information provided is objective, conscientious and not misleading, protects the commitment to confidentiality and conforms to ethical requirements which are valid for the attorney’s profession.<0}

Keywords for displaying contextual advertisements

Conditions of displaying contextual advertisementsContextual advertisements are displayed on websites, entered in the system, on which content is coordinated with keywords defined by the advertiser as a condition to display his advertisement. Selection of keywords for displaying of contextual advertisementsContextual advertisements are only displayed with those keywords related to the content of an advertised website. This link must be at least indirect and the provider of the Httpool AdPlatform system reserves the right to judge the appropriateness of keywords as related to the entire advertisement and user experience. In this process, the advertiser has the right to present his arguments considering questionable keywords.The key criterion for judging keywords is the rule, that each advertisement as a whole must improve the quality of user experience or at least maintain it at its existing level.Generally, all keywords are available for advertising, including company, brand and service names, names of products, etc., if the advertisement as a whole together with its keywords corresponds to general terms for all advertising spaces in the Httpool AdPlatform system.The system provider reserves the right to subsequently remove individual words from a list of leased keywords if it is deemed necessary to assure conformance with these general terms of trade or applicable legislation.

Prohibited use

As a publisher you may not under any circumstances (or allow or induce any third parties to):

  1.  

    1. directly or indirectly create traffic on any advertisement through any automatic, covert, fraudulent or other irregular means, including without exception repeated personal clicks, use of robots or other software used for traffic automation;

    2. repair, filter or alter the ordering of information displayed in any ad, or delete, conceal, deform any advertisement in any sense;

    3. frame, minimize, remove or in any other way impair complete and total displaying of any advertised website, available to an end user via a click on any part of an advertisement;

    4. route an end user away from any advertised website or route the user to the advertised website through another website; all clicks performed on an advert shall route end users directly to the advertised website without any interim stops ;

    5. display any type of advertisements on error sites, including without exception 404 Document not found. You are also prohibited from displaying advertisements at any websites requiring registration or at sites used to think users for registration, in any email, chat websites or at sites containing pornographic, racially intolerant, violent, offensive or illegal content;

    6. directly or indirectly access, run and/or activate advertisements or in any manner include advertisements into any application or web site, which is not in your possession; this may only be done in the scale allowed with this agreement;

    7. in any manner acquire and keep information, gained through any advertisement;

    8. operate in any way not in compliance with the general terms and take part in any action or practice, which may harm the reputation of the system owner or provider or would in any way belittle, devalue or harm the good name of the system owner or provider. You agree that any violation of these rules may result in legal prosecution against you, including immediate exclusion from the system.

As an advertiser you may not under any circumstances (or allow or induce any third parties to):

  1. create automated, fraudulent or otherwise invalid clicks;

  2. advertise anything illegal or take part in any illegal or fraudulent business practice in any country where your advertisement is displayed.

  3. alter code without prior consent of the owner or provider.

Measuring advertising

The amount of advertising is measured at the system ad server, which records requests for advertisement displaying and clicks on advertisements. The following data is saved into log files:

The system uses a number of technical means to combat against malicious individuals and automated clicking:

The Httpool AdPlatform system continually logs all clicks and impressions of advertisements published in the system through its advertisement server. Special software controls log files and eliminates all irregular activities of individual users from the valid advertising statistics. In this the Httpool AdPlatform takes into account several parameters including: IP address, time of click, click frequency, etc. Algorithms used in filtering advertising statistics are constantly improved and are kept secret in order to assure their efficiency. Accordingly, their content cannot be disclosed. These algorithms are designed to recognize the behaviour patterns of malicious users, mark their clicks and actions as invalid and remove them from advertising statistics. Use of filtering means that clicks which are obviously irregular in system terms are not considered in the advertising statistics and are clearly shown. Additionally the Httpool AdPlatform also implements a system of automatic monitoring of website visitor behaviour and their response to individual advertising campaigns. The Httpool AdPlatform system continuously monitors statistics of advertising campaigns and immediately detects and calls attention to eventual irregularities which may be caused by malicious activity. On the basis of such a warning system professionals verify each suspicious advertising activity and establish eventual abuse attempts. In case of suspicion of criminal acts (e.g. attempted fraud) the matter is forwarded to national authorities; clicks and impressions which are the result of malicious activity are not included or shown in the statistics.For the purpose of accounting advertising services the system excludes all clicks which cannot be linked to a specific cookie from the total number of advertisement clicks or impressions. This prevents the accounting of clicks performed by robots automatically scanning the internet and various viruses or other software. At the same time the system disregards the clicks and impressions of those users who have disabled the use of cookies in their browsers. At accounting the Httpool AdPlatform system also excludes all clicks surpassing the internal frequency/statistical average, for which the Httpool AdPlatform reasonably believes can be generated by normal benevolent users. If an user exceeds these frequency limitations, his clicks are no longer recorded even if they were performed in earnest interest in the advertiser's offer. The Httpool AdPlatform system provider will not invoice any of the above malicious, automatic or otherwise irregular clicks nor any clicks violating the terms listed under "Forbidden use". In case of remarks pertaining to the measuring of advertising as provided by the system, advertisers should contact the Advertising Analysis Department at info@httpool.com, whereby the following information should be provided in the communication:

Data will be verified by Httpool AdPlatform professionals and the advertiser will be notified of the results within 10 days or asked to provide additional information.

Payment

The provider of the Httpool AdPlatform system is entitled to payment for performed services of advertising in the Httpool AdPlatform system, which is fixed rate per unit. The total payment for leasing of advertising space in a certain time period depends on the number of clicks and/or impressions on advertiser advertisements by users of websites included in the system. The Httpool AdPlatform provider charges the advertiser for each click and/or impression on their advertisement. The Httpool AdPlatform system provider keeps an account of the advertiser which records all transactions relevant to advertisements. This means that advertisers have the opportunity to monitor their advertising statistics in near-real time. The balance of the advertiser is reduced by the costs of advertising in accordance with the official system pricelist upon each valid click and/or impression of his advertisement.Payment of advertising in the Httpool AdPlatform system may be performed in one of the following manners:

The provider issues the advertiser an invoice in order to add credit to his account. After payment of the invoice the system provider adds credit to the advertiser account and immediately issues a return invoice for performed lease of advertising space, which the advertiser can use up according to his preferences.{0>V primeru, da se oglaševalec s ponudnikom sistema Httpool AdPlatform dogovori, da bo storitve oglaševanja plačeval na podlagi izstavljenih računov za dejansko opravljeno oglaševanje, mu bo ponudnik sistema Httpool AdPlatform izdal račun za opravljeno oglaševanje do 15. v mesecu za pretekli mesec z rokom plačila 8 dni.<}0{>In case advertisers agree with the provider of the Httpool AdPlatform system to pay for advertising services based on issued invoices for actually rendered advertising, the respective Httpool AdPlatform system provider shall issue the respective advertiser with an invoice for the rendered advertising by the 15th day of the month for the past month, with payment due in 8 days thereafter.<0} {0>Pogoj za takšen način obračunavanja oglaševanja v sistemu je izpolnjen, ko je s strani oglaševalca podpisana naročilnica ali pogodba, ki jo ta posreduje ponudniku sistema.<}0{>The condition for such methods of charging for advertising in the system shall be met when the advertiser signs an order form or contract and submits such an order form or contract to the system provider.<0} {0>Izvajanje oglaševanja oglaševalca v sistemu Httpool AdPlatform brez dobroimetja na oglaševalskem računu ni mogoče za:<}0{>Advertising by advertisers in the Httpool AdPlatform system with no credit on the advertising account shall not be possible for:<0}

  1. {0>Kot založnik boste prejeli plačilo, ki bo sorazmerno s prometom, ki ga boste ustvarili z oglasi na vaših straneh, in sicer v vsakem primeru, kot bo v naprej določeno s strani ponudnika.<}0{>As a publisher, you will receive payment that will be in proportion to the turnover you will generate by advertising on your web pages, namely in any case as provided in advance by the provider.<0} {0>Če med strankama pisno ni dogovorjeno drugače, bodo plačila opravljena približno v tridesetih (30) dneh po koncu vsakega koledarskega meseca, ko bo potrjen vaš zahtevek za izplačilo, pod pogojem, da je plačilo večje ali enako 40€.<}0{>If not agreed otherwise between respective parties in writing, payments shall be processed in approx. thirty (30) days at the end of each calendar month, once your claim for payment is confirmed, given that the payment is greater or equal to 40€.<0} {0>Če ste zaslužili manj, se vam znesek prenese v naslednji mesec.<}0{>If you have made less, the amount will be carried forward into the following month.<0} {0>V primeru, da je dogovor prekinjen, bo ponudnik poravnal svoje obveznosti v približno devetdesetih (90) dneh po koncu koledarskega meseca, v katerem je prišlo do prekinitve.<}0{>In case an agreement is terminated, the provider shall settle its obligations in approx. ninety (90) days following the end of the calendar month in which termination took place.<0} {0>Nikakor in nikoli pa ponudnik ni dolžan poravnati zaslužkov enakih ali nižjih od 20€.<}0{>In no way and at no time shall the provider be obliged to settle earnings of equal or less than 20€.<0} {0>Ponudnik tudi ni dolžan izplačati zaslužkov v primeru, ko je ugotovljeno, da so bili kršeni pogoji uporabe.<}0{>The provider shall also not be obliged to pay out monies in case of a breach of the terms of use.<0}

Intellectual property

All content of the system is copyrighted as individual creations or data collections. The protection includes primarily data, texts, multimedia content, software and source code. Copyrighted content may be used solely in the manner and for the purpose defined in these general terms of trade and applicable legislation. Advertisers shall by entering the Httpool AdPlatform system gain no material copyrights on any content of the system. The owner of registered trademark Httpool and Httpool.com web domain is Httpool d.o.o. Advertisers may not use the Httpool trademark in any shape or form or for any purpose except in cases where use is explicitly allowed by the present general terms of trade or applicable legislation.

Responsibility

Responsibility of the Advertiser

The advertiser shall be fully responsible for the content of advertisement (truthfulness and accuracy of listed information, consideration of applicable legislation and advertising code).The advertiser shall be held liable for any breach of these general terms of trade.Responsibility of the system providerThe provider of the Httpool AdPlatform system shall endeavour for the entire system to function at a high degree of quality, to be adequately accessible and legal and not to contain illegal or morally disputable elements nor viruses, trojans or similar factors, which may harm internet infrastructure. In spite of this fact the service is provided as is without any guarantees to its operation.The following limitations of liability apply in connection with the providing of the Httpool AdPlatform system, unless the present general terms of trade mandate otherwise:

The provider assumes no liability whatsoever for the content of advertisements or advertising campaigns. The publishing of an advert does in no case constitute approval or agreement with the content of a website or advertising offer of the advertiser.

The publisher is obliged to publish a statement of "End User Privacy and Personal Data" on his websites included in the Httpool AdPlatform. The statement shall contain at least the following declaration:

»Cookies:

When a visitor visits a website or views a certain advert, at least one cookie will be sent to his computer at the beginning of the session. A cookie is a small file containing a string of characters used to identify the user. This is used solely for the purpose of improving the service by saving user settings and monitoring user habits. In this way we assist advertisers and publishers in communicating and managing of advertisements on the internet.

IP address:

When a visitor visits a website or views a certain advert, our server automatically records information about his IP address allowing identification of the location of the computer used by the visitor to access the website. In this way we are able to improve the quality of service and manage advertisements on the internet.

Httpool d.o.o. collects and processes personal data solely for the purposes described at: http://www.httpool.com/privacy-policy

«

The provider reserves the right to:

An advertiser is aware of the above limitations and accepts them expressly and without limitations.All limitations of liability listed herein apply on condition of being in accordance with applicable legislation. In case of non-compliance such limitations of liability shall apply as they are allowed by applicable legislation.Responsibility of userThe user is directly or indirectly via third person forbidden to: