The following terms and conditions ("Terms of Service") govern the use of all services of the product Captain Ad ("Captain Ad" or "Ad Network") provided by OAS Niederlassung der Online Advertising Solutions Ltd.:

OAS Niederlassung der Online Advertising Solutions Ltd.
Weinbergsweg 24
10119 Berlin
Germany

OAS Niederlassung der Online Advertising Solutions Ltd. ("Online Advertising Solutions") operates the Ad Network via the website www.captainad.com, which may be used by private or commercial publishers ("Publisher") to market ad space on their websites. The Publisher can request a payout once he generated revenues exceeding 15 €. Online Advertising Solutions only intercedes ads through its network and does not create or change ad content in any form. Ads will be delivered at no cost for publishers.

1. Coverage
The Ad Network allows Publishers to display ads in formats described by Online Advertising Solutions on the website www.captainad.com.

2. Sign Up
Only contractually capable persons are allowed to sign up for Captain Ad. To use our service the Publisher needs to sign up and accept our Terms of Service. This is achieved by activating a checkbox while signing up. Sign up requires the Publisher to provide the following data:

• First name
• Surname
• Company
• Address
• Postal Code and City
• Status (individual or business)
• Tax ID (for companies)
• Email Address
• Phone Number

The sign up is an offer to the Publisher to participate in the Ad Network.
After registration is completed the Publisher will get a registration confirmation, which finalises his participation in the Ad Network. A right to participate in the Ad Network does not exist. The email contains a password with which the Publisher can log into the website www.captainad.com. After the first login to the website, the Publisher should change his password in order to ensure password security. The password should always be kept secret.

3. Script Integration
After logging in the Publishers can register one or more of their websites to serve ads by Captain Ad. Online Advertising Solutions provides a script to the Publisher, which he may use to integrate ads on his website(s).
Publishers are able to serve ads by Captain Ad after successful integration of the script.
A Publisher acquires a title for compensation if a banner has been fully displayed to a third party visitor of the website the Publisher has registered with Captain Ad and the ad view is registered as valid by the Captain Ad ad server.
A payout of the compensation is only possible if the total amount of compensation has reached at least 15.00 €.
In the event of a termination of the participation of the Publisher in the Ad Network by the Publisher or by Online Advertising Solutions the remaining compensation will be paid out to the Publisher upon written request if it is less than 15.00 €. The publisher must specify a German bank account or PayPal address when terminating the participation to receive his final payout.
The publisher may not change the Captain Ad script in any form.

4. Withdrawal for Consumers
Publishers who registered with Online Advertising Solutions for a purpose that can not be regarded as commercial or self-employed are consumers within the meaning of § 13 BGB. In this case, the following statutory provisions apply:
The user can revoke the registration of its membership in the Ad Network within two weeks without giving reasons. The time limit begins after receipt of this notification in writing. In order to safeguard the withdrawal period it is sufficient to send the revocation. The revocation must be sent by e-mail or postal mail to:

Email:
support@captainad.com

Letter Post:
OAS Office of Online Advertising Solutions Ltd..
Weinbergsweg 24
10119 Berlin
Germany

The right of termination of the user are unaffected by this provision.

5. Expiry of the right of withdrawal
In accordance with § 312d BGB III the right of withdrawal expires before the end of the two-week cancellation period, if the contractor has started to use the service with the explicit consent of consumers before the cancellation deadline or the consumer has arranged these himself.
This should however not affect the right to terminate.

6. Prohibitions
It is the responsibility of the Publisher to validate that the websites he registers with Captain Ad do not violate the following terms:
6.1. It is not allowed to use ads by Online Advertising Solution on websites that have illegal content and / or violate the rights of third parties. In particular, it is forbidden to use advertising from Online Advertising Solutions on websites providing content, which violates the criminal law, copyright or trademark rights or personal rights.
6.2. It is not allowed to use advertising provided by Online Advertising Solutions on websites that provide prohibited lottery, paid-mail systems (forced clicks), adware or bonus-/refund-systems.
6.3. It is not permitted to use - in combination with advertising by Online Advertising Solutions - third party advertising which can hide the advertising of Online Advertising Solutions in whole or in part, or influence its functionality.
6.4. It is not allowed to manipulate or change Online Advertising Solutions banners in a way that effects their functionality.
6.5. It is not permitted to integrate ads of Online Advertising Solutions, so that the visitor is not able to see the ad completely and in full size.
6.6. Javascript Alerts or similar technologies are not permitted, if they hold back the visitor from closing the banner.
6.7. It is not permitted to integrate the script provided by Online Advertising Solutions on other domains than the one registered on with the service on www.captainad.com.

7. Termination
7.1. The Publisher may terminate its contract with Online Advertising Solutions at any time. The cancellation must be send in written form by either letter post or Email:

Email:
support@captainad.com

Letter Post:
OAS Office of Online Advertising Solutions Ltd..
Weinbergsweg 24
10119 Berlin
Germany

The Publisher has to remove all script integrations from his website(s). No revenues will be paid after Online Advertising Solutions acknowledges the termination date chosen by the Pblisher.
7.2 Online Advertising Solutions reserves the right to terminate contracts without prior notice if the Publisher does not fulfill his contractual obligations, in particular in case of a violation of § 6 of these Terms and Conditions.
7.3 In addition, Online Advertising Solutions can terminate its relationship with the Publisher at any time without giving any reason. In this case, the period of notice shall be fourteen days to the end of the month. The termination can can be sent via e-mail.

8. Compensation & Accounting
8.1. A fixed amount will be credited for each valid ad delivery on the Publisher's website. A view is valid if a banner is displayed in full size on the publishers website.
8.2. Online Advertising Solutions publishes payout details on http://www.captainad.com/pages/earning. Individual compensations may be negotiated with the Publisher. Payout updates must be communicated to the Publisher at least a week before the date it becomes active in writing by email.
8.3. The publisher must submit an application form to recieve a payout. The form is accesible after login to the website www.CaptainAd.com at the URL: https://www.captainad.com/payment/payment.
8.4. Payment claims are only possible for credits over 15 €. For payments outside of Germany, the payment limit for bank transfers is 50 €. Payment through PayPal is always possible regardless of the destination country. Online Advertising Solutions shall check and approve payment requests within 5 business days. Approved payments will be paid within 30 business days to the denoted PayPal/Bank account.

9. Indemnification
9.1. The Publisher indemnifies Online Advertising Solutions and advertisers using the Online Advertising Solutions network from all damage claims, liability claims and any costs incurred by the fact that showing an ad violates the rights of third parties (Examples: copyright, trademark, personal rights).
9.2. The Publisher is responsible for compliance with the terms of all video platforms hosting the content on his website. The publisher explicitly indemnifies Online Advertising Solutions and all advertisers using Online Advertising Solutions services from all claims for damages, liability claims and any other costs arising from a possible breach of the Publisher against the terms of these companies. The Publisher will cover all costs for the legal defense of Online Advertising Solutions, including court and attorney's fees at the statutory rate. This does not apply if the violation is not attributable to the Publisher. In case of any third party claims the Publisher is obligated to provide Online Advertising Solutions all the available information which are necessary for the examination of claims and for a defense immediately, truthfully and completely.

10. Disclaimer of Warranty
10.1. Online Advertising Solutions is not responsible for the content of third party sites linking to the website of Captain Ad. Furthermore Online Advertising Solutions is not liable for damages caused by either software or hardware defects of the publisher or lacking internet availability.
10.2 Online Advertising Solutions is only liable in case of intent or gross negligence. In the case of fundamental breaches of the contract, in case of debtor's delay or in case of Online Advertising Solutions illiquidity, Online Advertising Solutions adheres for any culpable conduct of his employees and agents.
10.3 With regard to companies Online Advertising Solutions is liable for damages, except in case of breach of essential contractual obligations only, if Online Advertising Solutions, their legal representatives, senior executives or other agents act with intent or gross negligence.
10.4 Except in cases of intent or gross negligence of legal representatives, executives or other agents of Online Advertising Solutions, the level of liability under the terms of contract shall be limited to typical, predictable damages. A liability for the compensation of consequential damage is limited to intent or gross negligence of legal representatives, executives or other agents of Online Advertising Solutions. Online Advertising Solutions does not guarantee the universal availability of the services it operates. The exclusions of liability do not apply in case Online Advertising Solutions gave explicit guarantees for damages and for injury to life, limb or health or in cases of mandatory statutory provisions.

11. Changes to this terms
Online Advertising Solutions reserves the right to change its terms of Service at any time without giving reasons. Changes of the Terms of Service will be announced at any time with a minimum respite of 1 (one) week. They will be made available to the Publisher via email and via the website www.CaptainAd.com. Given no explicit written objection has been made within the notice period, the new conditions are considered as accepted.

12. Governing Law, Jurisdiction
German law applies. Jurisdiction is based in Berlin, Germany, insofar permitted by law. The German version of this terms apply.